Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-06-11
SEEK DISSOLUTION
OF BOILERMAKERS
Court Considers Arguments
Against Union.

special TO Inc Times.
LA PORTE, Ind, June 11.-Revocation
of the charter Of the Lakeside Lodge No.
80 of the boilermakers, with its head
quarters In Lake County, by the Interna-
tional Brotherhood of Boilermakers and
Iron Ship Builders and Helpers, caused
members of the Lakeside union to be
known as "scabs" and unable to OBJ
tain work in the Chicago district ex-
cept with the Standard Oil Company at
Whiting, according to w. Whinnery
of Hammond. attorney for Lakeside
Lodge, in court here today.
The 277 men of the Lakeside union
were put on the unfair list by a tele-
gram by one individual, Harry r. New
bert, an official of the international, the
attorney claimed. Only the Standard OIL
because of its size and unconcern for
labor unions, employed their members.
The Lakeside Lodge, therefore seeks
to dissolve the international union OF
100, 900 members. The case is being heard
here on demurrer after having gone
through the Federal and APPELLATE Courts
with decisions for the international.
large battery of legal talent from near
and far is on hand to take turns before
Special Judge John G. Yeagley of South
Bend.
1.-THE action of the international is a
defiant violation of the property rights
of the individual" said Whinnery. THE
United States is prepared to go to war
over the violation Of the property rights
of one of its citizens II 1t were not,
this would be no land worth fighting for.
It's courts would be farces."
Other attorneys present were exJudge
Charles z. Cox of Indianapolis. formerly
Of the Supreme bench and J. A. Cavit Of
Hammond. for the defendants, and former
I'd ,F 7 Of ~ "a
formerly OF the Supreme Court. with Mr..
Whinnery, for the plaintiff.
Judge Larry. in arguing for the plain
tiffs, cited a California decision which he
thought had considerable bearing on the
case.
Instead OF giving members of Lake
side Lodge the benefits owed Them
he said-"those OF accident and death in
surance included in the constitution Of
the order-the officials deny the plaintiffs
everything and even use the money they
+ paid in for litigation against them. Ac-
cording to every theory of partnership,
when one or more partners violate rules,
the other or others has the right to de-
mand dissolution. That IS what we are
here 10 uphold"
Judge Lary's former associate on the
supreme bench, former Judge Cox,
IlulsHcu MS argument Tor the ueIenuanLs
IN half an hour.
"These plaintiffs" he said, "only PIT in
number, are trying to get chancellor
TO overthrow an International order OF
100000 members. The Lake Superior
Court has said, and because Of that de-
cision we concede that rne parent organ
ization unlawfully deprived the local
Of its charter II such be the case, the
members can get their accident and death
benefits in any law court. But what we
contend is that the purposes or the ma
tional organization as set forth In the
constitution have not failed, and until
such be proved. It can not be dissolved.
The Lake County plaintiffs are not rep
resentative OF the parent body"
Exchanges OF persifiage between Attor-
ney Whinnery and former Judge Cox in
dicated mutual doubt as to each others
veracity.
Mr.. Gavitt presented no argument and
Judge Yeagley adjourned the session, an
nouncing he would take a few days to
consider the arguments before announc-
Ing his decision. He will mail copies
of 1t TO each attorney and they will
meet again in In Porte on lima 10