The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-08-02
UNION LEADER
SUES KINGAN'S
FOR $4,000
CapitaI-La labor Showdown
Is Due in Superior
Court Case.
STATE LAW IS TESTED
Organizer Charges Packing
Firm Fired Him for
Activities.
Editorial comment is on Page Ia


a showdown" court battle between
labor and capital over the formers
right to organize as it pleased, espe-
cially under the far-reaching labor
policy chapter enacted by the 1888
state legislature.
The scene of the action will be
superior court one, where, yeSter-
day afternoon, Tom Smith, union
organizer. filed suit for $4,000 dam
ages against Kingan & Co., meat
packers, and its officers.
Mr.. Smith charges that he was
dismissed Saturday from employ
ment at Kingan's because of his
union activities there and adds the
charge that Kingan officials and
persons unknown" thereafter
placed his name on blacklist"
which will prevent him from OBJ
tanning other employment here and
elsewhere in the United States.
The suit, filed under the prec-
edent-smashing Chapter II of the
Acts of 1888, is the first of its kind.
Union labor repeatedly has been
asked to test out its rights under
this policy declaring legislation
which, some believe, is so far-reach-
ing as to obviate the necessity for
strikes.
Law Is Far Reaching
The law is described by observers
of the capital-labor problem as 60
ing far beyond Section IA of the
National Industrial Recovery Act.
Named as defendants with the
company are Robert S. Sinclair,
president: w. Richardson Sinclair,
vice president; A Ewing Sinclair
superintendent, and j. R. Kinghan,
directors board chairman, along
with other board members.
They, and the persons unknown
are accused in the complaint of de-
priving Mr.. Smith of his employ
ment and, hence, causing him great
financial harm.
Mr.. Smith alleges that ne was
employed by Kingan's, Aug. %,
1898, and that he worked Contin-
uOIlSlY uIlbll ldSb OdUul0dJs
Active in Union Work
His petition states that early this
year Kingan employees banded them
selves into Local No 156, Amalga-
mated Meat Cutters and Butcher
Workmen of North America, an
American Federation of Labor af-
f1liate.
The suit alleges further that Mr..
Smith joined the union in March,
1884, and became active in pro-
noting its growth, exercising "or
seeking to exercise full freedom OF
association with his fellow-work-
ers; that he was active in self-or-
ganization of his fellow workers
and sought to designate representa-
tives of mis- own choosing to desig-
nate the terms and conditions of
his own employemne.t t"
The complaint denies that Mr.
Smith neglected his duties as a
Kingan employee in the course of
such organization work or caused
others to neglect theirs.
The portion of the Indiana state
law on which Mr.. Smiths suit is
based is found in Section 2 of Chap
ter II, Acts of 1888, and reads, IN
part, as follows:
New State Law Cited
Whereas. under prevailing eco
nomic conditions, developed with
the aid Of governmental authority
for owners of property to organize
in the corporate and other forms of
ownership association, the individ-
ual, unorganized worker is COM
monty helpless to exercise actual
liberty Of contract and to protect
his freedom of labor, and thereby to
obtain acceptable terms and condi-
tons of employment, wherefore,
though he should be free to decline
to associate with his fellows, it is
necessary that he have full freedom
of association, Selt-organizatio
and designation of representatives
of his own choosing, to negotiate the
terms and conditions of his en-
ployment and that he shall be free
from interference, restraint or CO.
ercion of employers of labor, or their
agents, in the designation of such
representatives or in self-organiza-
ton or in other concerted activity
for the purpose of collective bar
gaining or other mutual aid or pro-
lection"
At Kingan's today it was said that
Robert Sinclair, Richard Sinclair
and Mr. Kinghan we're absent from
the plant Ewing Sinclair, reached
on the phone, said any comment
would have to come from Mr.. King
han.
Elsewhere. both union leaders and
representatives of capital were re-
luctant to discuss the case until they
had had time to study it, though all
admitted interest in the outcome.
The Indianapolis Chamber Of Com