Montana labor news., 1935-12-26
Farmers Jury Turns
Down Labor Unions

MILES CITY-Five business houses
were hailed into district court last week
on charges of violation of the Retail
CLERKS eight-hour law. Three Of these
defendants were acquitted by a jury
lof farmers. After this action the
county attorney moved 10 dismiss the
other two cases, considering it use
Hess to proceed further under the cir
cumstances.
Two Of these violations were for
working deliverymen more than eight
hours. In one Of these cases the driver
went to work at five-fifteen a. m. del
Iivering bread to lunch counters at the
Milwaukee depot, then to restaurants
and continued to work until six forty
five p. m, with forty minutes off for
lunch.
Attorney Choate, for the defense, de-
manded that the witnesses for the
state prove that they saw the driver
lall day long, stating that the driver
must have been continually watched
every minute OF the day.
In the second case Attorney Leonard,
flor the defense, wanted to know if the
states witness had watched the driv-
Ter when he went to the toilet while on
duty, demanding that the witness state
what the driver was doing while in the
toilet. Can any one believe that work
ingmen are to be blamed for thinking
the courts are fixedly against them
when such ridiculous actions and CON
duct are c~ondoned?
Both attorneys for the defense moved
that the court direct the jury to bring
in a verdict Of acquittal. Another mo-
ton for the defense was that the judi
lge dismiss the case. Judge McKinnon,
however, oyerruled all motions, submit
ting the cases to the jury for decision.
One Of the objections made by the
defense attorneys was that the law
was unconstitutional, requesting dis
missal on this ground, but Judge Nc
Kinnon would not follow in the foot
steps of Judge Hattersley and promp-
tly overruled the motion.
In all three cases which went to the
Jury, your correspondent is of the OPP
Union hat the defendants were undoub-
tedly guilty. The workers of Miles
City know that these stores work their
employees excessively long hours. One
of the defendants was known to have
violated the N. r. A. with impunity.
However, it would seem that the farm
ers jury had no sympathy with the
shorter work day OF for organized la
Dor, their verdict being rendered in the
favor OF the exploiter. One of the
jurors, a farmer, is quoted as saying
after the trial: THE eight hour law
is unpopular Evidently this juror
voted under the impulse Of his anti
union sentiments and not with any in
~tention Of unfolding the law.
During all the proceedings it is to
be noted that the presiding judge, Nc
Kinnon, was exceedingly fair in all his
rulings.
1t is to be hoped that these trials II
even though apparently suffering de-
feat in the court may have a moral
effect on the business men Of Miles
City, and that they will decide to obey
the law and cease working their EN-
Iployees over eight hours.
Ed OByrne, commissioner Of labor,
and James D. Graham, president of the
Montana Federation Of Labor, attended
all the trials, and both expressed them
selves to the effect that these trials
would not stop the campaign for en-
forcement Of the eight-hour law in Mil
es City. It was stated that if the mer-
chants continued to violate the law.
more complaints would be filed, and if
necessary to get justice demand would
be made for a change Of venue to some
other county.
Including the Miles City cases, a re-
view OF the last six weeks shows that
labor cases have taken a jolt three tim
es in court as follows
A country judge from a farming ON
munity sitting in Great Falls declared
the clerks eight hour law unconstitu-
%tional, fixing his decision so there could
be no appeal to the Supreme court. In
5 Billings, a farmers jury gave a working
man who was a striker damages against
Y the Great Western Sugar Company to
the extent Of $500 when he asked for
S l$25,000 for false arrest and being throw
: in jail on the behest Of the represen-
~tatives OF the Great Western Sugar
4 Company. Now m the Miles City
cases where a farmer jury decides it
is no offense against the law to work
a human being an unlimited number OF
hours.
. Many union men are questioning the
: sincerity of this talk by leaders of the
farmer bloc anent the mutual interests
Iof the farmer and the union man.