Montana labor news., 1936-08-20
CONDEMN
NARROW RULING
OF SUPREME COURT
Montana Labor News,


Dear Sir:
We note that in the August 18th
issue of your paper you carry a let
ter from John A. Matthews, at
tempting to explain the decision OF
the Montana Supreme Court rela-
tive to the minimum wage and
eight-hour day denied to the fire
men in this state. The judge seeks
to create the impression that the
fire department is pure a proprie-
tary agency contrary to the opin-
ion. Judge Matthews is too good a
lawyer to really believe this, so we
are forced to the conclusion that he
is twisting the facts in a recorded
decision to fit his own ends. He
cites numerous authorities to prove
his point, but fails to mention the
leading case, the celebrated decision
of King Solomon who decreed that
a baby be cut in two to satisfy the
claims of two women, both of whom
claimed the child as theirs.
The Montana Supreme Court
holds in terms, 1--WE conclude that
a city operates a fire department in
its proprietary capacity, except
when the fire department is en-
gagged in the extinguishment Of
fires, going to and from the scene
of such conflagration, or in testing
equipment for use on such occasions,
ect., then it may be said on the
ground of public policy, based
largely upon the grounds of neces-
sity, as demonstrated by the quota
ton, supra, from the case of Wilcox
v. Chicago, supra, that it is exercis-
ing governmental functions"
If the decision Of the court placed
us as private employees it'll the
right to enforce our demands as
other workers do, we would have
no complaint. We are organized az
a union, and would know what tc
do to enforce a reasonable demand
but the constitution of our inter.
national organization forbids us tC
strike because we are a govern.
mental agency. Under this decis.
ion we are precluded from seeking
state laws to protect us from tht
caprices of the venal politician
who, from time to time, are in.
trusted with the welfare of our de.
partment, and the fire protection o.
the citizens, because we peforn
$ me proprietary function.
When a fireman goes on shift ir
the morning and grasps his trusty
broom, he is performing a govern
mental function if he sweeps a piece
of hose; if he continues to SWEEP
beyond the hose, his duties are
proprietary; if he uses a hose to fill
a chemical tank he is governmental,
if he continues to use the same hose
to clean the floor, he is proprietary
if he using the bathroom when an
alarm comes in he must rapidly
shift from proprietary to govern
tai and forget the proprietaries. In
short, his is the life of a chanel
con.
Under the decision of the SUI
preme Court he is the victim of a
shell game as ever bunco man
practiced.
If he wishes to improve his work
ing conditions by striking, he may
not do SO, he is a governmental
agent; if he wishes to secure laws to
protecr MIN, he may not do so, he is
private employee; if he is injured
through the neglect of others, he
may not recover, he is a govern
mental agent. Heads | win, tails
you lose" If he strikes in his pri-
vate capacity and interferes with a
governmental function, he is an I'M
desirable citizen; if he does not he
is a political football. When a fire
is burning, he must be a superman,
ready anxious and willing to sacri-
flee his life or his health for the
public. When no fire is burning he
is a loafer standing by" which
fact is SO notorious as to penetrate
the sacred precincts of the Supreme
Court and become a matter of "ju-
dicial notice"
Continued to Page 81