The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1938-12-15

find an ash tray.-Utah Humbug.
|. o.
Contract Held Invalid
"It is fair from reading the con-
tract to deduce that it was the inten-
ton of the parties to said contract
that he U. T. w. A. should, in effect,
be dissolved. No opportunity was
given to the local union to express
their wishes in the matter, hence it is
impossible to say whether or not at
least nine unions would dissent. Is
"When the dissolution, merger,
amalgamation or consolidation of an
organization such as U. T. w. A. is
contemplated, it would seem to be the
implied duty, at least, Of the officers
thereof to give the members of the
local unions affiliated Herewith an op-
portunity to properly express their
approval or disapproval Of such pro-
ceeding. However that may be, it
seems clear that it was the express
duty of it's officers to call special
convention under such circumstances
in accordance with Article X Section
2 of the constitution and bylaws of
the U. T. w. A.
"No opportunity was given to the
local unions to express their views on
this fundamental change in their or
ganization and we feel that it was
beyond the power of their President
German to act for them in this re-
gard without their express approval.
Hence, we find that the execution of
this contract by German, purporting
to act for U. T. w. A., was invalid
and ineffective and did not operate to
bind the U. T. w. A. as an organi-
zation.
"The contract being invalid, it fol-
lows that the complainants have no
right, title or interest in and to the
in the hands of Mary Taccone and
Miss Marsolli or to be personal prop
erty mentioned in the evidence.
"The r. w. o. G. got possession of
this money by taking away from each
worker his U. T. w. A. book upon
payment of dues by him and issuing
in its stead due book of Il. w. o. c.,
all without the consent of said work
er, transferred the names Of members
of U. T. w. A. to list allegedly con-
stituting list of II. w. o. C. men,
bers.
"Such proceedings surely paid scant
heed to the wishes of the individual
union member in these important mat
terS.
owe find the funds now in bank and
in the hands of witnesses Taccone
and Marsolli as we'll as the personal
property in the office at Olneyville
Square belonged to the members locals
of U. II. w. A. as existing at the time
Of the execution of the alleged con-
tract in the proportion that they have
contributed to the same in the form
of dues and capita tax.
"The Providence Woonasquatucket
Woolen and Worsted District Council
has not shown that it as such is en-
titled to any of the funds or property
above mentioned nor that it is entitled
to claim any designation which would
entitle it to the use of the words
COMMITTEE on Industrial Organiza-
ton or &C. |. o."
Funds Are ImpOunded
The court found that the money in
the hands of Taccone and Marsolli
"belongs to the local unions of the
U. r. w. A." and ordered that it be
deposited in the office of the Clerk of
the Superior Court for the counties
of Providence and Bristol; that the
funds on deposit in the Union Trust
Company in the name of Providence
Wooansouatucket Woolen and Wor-
sted District Council "are the money
and property of the local unions of
the u. r. W. A." and ordered that the
bank hold the same until further or
der from the court; that the Provi-
dence Woonasquatucket Woolen and
Worsted District Council "has no au-
thority to use the designation &C. /.
o. or any other designation tending
to represent it as aft, ,liated with the
Committee on Industrial Organiza-
ton and it is enjoined and restrained
permanently from such use."
And finally the court ruled "that
the Textile Workers Organizing Com
mittee of the c.. l. o. and its repre-
sentatives are hereby ordered and di-
rected to render an account to this
court on or before the 31st day of
December A. D. 1888, Of all moneys
collected and receipts from the men,
bership of the local unions now or
formerly of the U. T. w. A. collected
by it or them from March g. 1897, up
to and including July Is, 1888, and to
deposit any and all such funds now in
it's or their hands with the Clerk Of "
the Superior Court for the Counties
of Providence and Bristol forthwith"