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by the unions in securing the execution of the agreement with the printing company. Justice Jenks, in his opinion, says: “An injunction against or ganizing a strike can not stand. Neither can a union be enjoined from picketing or boycotting. This injunction is too broad and sweeping. An
oye who has not bound himself to his master by a contract can not be bound by law to work for him, and may quit his employment if conditions are not to his (the employe's) liking. A strike per se is not unlawful. What a man may do individually he may do collectively. Picketing for purposes of observation is not illegal, and only be comes illegal when they adopt violence. But where persuasion or argument is used, no injunction can apply."
On December 1, with Justice Bartlett dissenting, the justices of the appellate division of the su preme court, sitting in Brooklyn, decided that a contract to maintain the "closed shop" was illegal. In the opinion, written by Presiding Justice Hirschberg, a contract entered into between the firm of Morris Cohn & Sons and Protective Coat Tailors and Pressers' Local Union No. 55 of the United Garment Workers is declared illegal and contrary to public policy. The agreement was between the union, the firm, and its employes, and prohibited the firm from employing labor not belonging to the local, and not even to employ a member of the union unless he had a card signed by the business agent of the local. A money pen alty was provided for in this contract, and to se cure the payment of the penalty Morris Cohn & Sons deposited with the president of the local a promissory note. They violated the agreement, and the action before the court was brought to collect the amount due on the note. Judgment was obtained in the court below, but the appellate division sets this aside. In his decision Justice Hirschberg declared that the contract which was set forth in the complaint was in restraint of trade, and against public policy, and was unlawful, and that the demurrer of the defendants should be upheld, and that any contract designed to prevent one set of men from obtaining work and depriving others of the opportunity to work was a violation of the constitution. The court quoted the opinion of the court of appeals in the Galen case, 152 New York 33. Justice Bartlett, writing the dissenting opinion, says, in part: "In my opinion, a contract having the lawful purpose of benefiting the parties thereto by procuring for the employer the most capable workmen, and not involving the exercise of any physical force or restraint or violence, is not invalidated because of the possibility or probability that its operation may have a detrimental effect on the interest of others."
The first productions under the auspices of the Progressive Stage Society took place recently. Two one-act plays, “The Scab” and “The Miner and Soldier,” were presented. “The Scab" told the story of a strike from the standpoint of a striker. The “Miner and Soldier" dealt with the mass and class proposition. In both productions professional actors and actresses were utilized. From the applause which punctuated the two per. formances, the sentiments voiced, which were
wholly socialistic, were in thorough keeping with the beliefs of the auditors. The propaganda of the society includes the following statement of its mission: "A fear is expressed by some that this movement will be too exclusively dominated by socialistic propaganda to be a success. The purposes of the Progressive Stage will be brought to the attention of the socialist organization in this city, and no doubt it will receive the hearty support and co-operation of many socialists; it has been so in Europe, where similar movements have been made successful only by the co-operation of the working class organizations. But it does not at all follow from this that non-socialists will be excluded or subdued, or that the movement can take the form of a direct political propaganda which would repulse those who are not yet ready to accept the principles of socialism. By its nature this dramat. ic movement appeals to all who are interested in art and progressive thought, regardless of their varying affiliations with different schools of thought."
The Citizens' Industrial Association held its convention here November 29 and 30. The total attendance was about 450. Charles L. Eidlitz, pres. ident of the Building Trades Association; Charles A. Cowan, a member of the latter, and Samuel B. Donnelly, secretary of its general arbitration board, sat at the back of the hall during part of the proceedings. The Employers' Association is committed to the union idea, though individually some of its members may believe in the open shop. President Parry said in his annual address that he had not the slightest doubt that if trade unionism should become dominant in the country all its industries would languish and our streets be filled with idle men. President J. W. Van Cleave, of the Citizens' Industrial Association of St. Louis, scored employers who compromised with unions and sacrificed the non-union man. P. C. Nune. macher, president of the Louisville Master Printers' Association, and J. C. Craig, president of the Citizens' Alliance of Denver, were the other speakers. Mr. Craig defended Governor Peabody.
The convention of the Citizens' Industrial Association stirred up the central federated union. Delegate IIand, of the Carriage and Wagon Workers' Union, said that his was the organization which was hit most by the open shop, as it was the trade in which D. M. Parry was engaged. “In his factory in Indianapolis," he said, "there are 1,600 men employed, and a union man can't get in there by the skin of his teeth. If the workers average $9 a week they think they are lucky. That is what the open shop has done.” Alfred Boulton, of the stereotypers' union, said the civic federation had done some good and had helped to settle some strikes. "It is simply a reaction against the bullheaded methods of some labor men in making demands on employers,” he continued. "If a labor man went in an offensive way to an employer to make demands, the employer would be as justified in kicking him out of his office as he would any other man. There was a brutal way of putting things to an employer and a diplomatic way, and the civic federation favored the latter." A motion to appoint a committee to devise ways and means
of counteracting the effect of the manufacturers' association and the formation of citizens' alliances was carried.
The representatives of the New York child labor committee, Robert Hunter, Dr. Ernst J. Lederle and Mornay Williams, and the representatives of the national child labor committee, Edward T. Devine and J. W. Sullivan, called on Governor. elect Higgins recently to protest against the reappointment of State Labor Commissioner John McMackin, and asserted among other charges that during the last year for which Commissioner McMackin has published his figures, namely, 1902, there were 2,607 employers found employing chil. dren illegally, and that the commissioner saw fit to prosecute only five of these employers. At the meeting of the central federated union on De cember 18 Mr. Hunter was given the privilege of the floor. He charged that the laws of the state relating to child labor were not being en forced. These laws, he said, were superior to those of any other state in the United States, and if they were enforced to the letter the child-labor evil would be wiped out of New York. It is the duty of the labor department, of which John McMiackin is and has been for several years the head, to enforce these laws and to prosecute those who violate them. Mr. Hunter said that his committee had discovered over 2,600 violations of the laws, and there had been only five attempted prosecu. tions during Mr. McMackin's reign. He also charged that McMackin was derelict in his duties regarding the inspection of factories, and cited, among other instances, the loss of several lives in a factory fire in Brooklyn because there were no fire escapes, as provided by law, upon the building. Investigation showed that the factory in which the lives were lost had never been inspected by Mr. Mc Mackin's department. The Brooklyn central labor union has denounced Mr. McMackin and his department for negligence in this case. On December 25 Mr. McMackin will be present at the meeting of the central federated union, when he will present his side of the case.
The Rev. Father Francis, of the Church of St. Francis of Assisi, in West Thirty-first street, was recently presented with a chalice by the newspaper men and others who work at night, for whom mass is celebrated early every Sunday morning. William Gallagher made the presentation.
A petition in bankruptcy has been filed against the Fless & Ridge Printing Company. In July last the company obtained a three years' extension from creditors, agreeing to pay in full, with inter: est, in monthly payments, beginning on December 1, and current supplies to be bought for cash. Inabil. ity to meet the payment on December i precipi. tated the bankruptcy proceedings. Judge Holt, of the United States district court, has appointed a receiver for the assets. Richard R. Ridge, president of the company, stated that a fair market value of the assets, excluding book accounts, does not exceed $50,000, and this is subject to chattel mortgages aggregating $29,000.
Fire in the building at 132 Canal street, the basement and two lower floors of which were occupied by the editorial and press rooms of the
Jewish Herald, wrecked the entire plant of that newspaper on November 28. The damage was about $6,000. The fire started in the stereotyping department of the newspaper, in the rear of the second floor. It quickly got beyond the control of the employes, who fled through the rear windows.
Doubleday, Page & Co. held a housewarming on November 17 at their new home, 133-137 East Sixteenth street. The new building was decorated from pressroom to composing room.
W. Wickham Smith, as counsel for the pattern makers' union, appeared before the board of United States general appraisers on November 16, and announced that he had been retained to assist the government in fighting the attempt of R. Hoe & Co. to obtain free duty for their wooden patterns used in iron molding. Hoe & Co., it is asserted, began about a year ago, after a strike in their factory, to send drawings to their London fact from which the patterns were made and shipped to this country. At first the patterns were admitted free under the clause for "models of inventions and patterns of machinery," but lately they were assessed at 35 per cent as manufactures of wood. Pending a decision the relations between the Hoe firm and the employes in the pattern department remain undisturbed. An allegation to the effect that Hoe & Co. had reduced the number of pattern makers employed from forty to about three or four is denied. It is stated on behalf of R. Hoe & Co. that the number of employes in the pattern department is about the same now as it has been for two years past, about forty men being kept at work constantly. The contention between employ. ers and employes over the dutiable nature of the models imported arose, it is stated, after the de. mands of the pattern makers to increase the pay of the men from $3 per day of nine hours to $3.25 and $3.50, independent of the character of the work done or the skill of the individual workmen, had been acceded to. The Hoe factory is strictly union, and when the demand for the latest increase in pay was granted, work went on as usual, except that the making of experimental patterns and other work that did not demand immediate completion was withdrawn, the force of men, however, remaining at about the usual number, though the withdrawal of the experimental work permitted the firm to lay off some extra hands.
Many school principals in the city have been advising parents to give such boys as have dispositions for special callings the advantage of learning a trade. This is because there seems to be at a trade. This is because there se present an overwhelming tendency on the part of school boys to become clerks. School principals find it difficult to discover outside of technical schools any place where a trade can be well learned, but recently they have found that there are many opportunities in the printing press works of R. Hoe & Co. There qualified boys receive a regular term of five years, and can become competent engineers and machinists. This is a tip to parents who are at a loss what to put their boys at.
Never in the history of the city's charitable institutions have there been so many unemployed men to care for as at present, and some surprising figures compiled by the authorities at Bellevue hos. pital and at the municipal lodging house indicate an appalling situation for the winter. Trade is not brisk among printers, and the tourist is advised to stay away.
Hugh O. Pentecost delivered an address on “La. bor Unionism” on December 4, in Lyric Hall. Mr. Pentecost was some years ago one of the active radicals of the reform movement.
A new labor-political party, the Independent Democratic Republican Union Labor Association, has been formed in the Twenty-third assembly district. The organization stands for municipal ownership and home rule for the people against the bosses and monopolists.
The December meeting of No. 6 was notable in a few respects. The president had the pleasure of reading for the benefit of those present the agree. ment between the typothetæ and the union, which goes into effect on January 1, 1905. In the hurry to get these notes in the hands of the editor for the last issue mention was omitted of the fact that the scale for hand composition was fixed at 45 cents per 1,000. This will result in more composition being given to the machines. The machin. ists are also to get an increase of $1.50 per week. A ballot showed that those present endorsed the agreement. A letter from President Lynch bore his congratulations for the good work so far ac. complished. During the preceding fortnight an anonymous circular stated that another agreement had been entered into binding No. 6 to reduce the scale by $1.50 should the shorter day be secured in 1906. As a result of a debate on the matter, charges against Trustee W. G. Healy were de. clared cognizable and a trial committee appointed, Mr. Healy being temporarily suspended from office. An amendment to the laws, offered by for mer Vice-President Perkins, was rejected, as was also a request for a loan of $1,000 by Electrical Workers' Union No. 3. Three applications for ad. mission to the Home were endorsed.
The receipts of No. 6 for the month ending November 25 were $17,590.11. The eight-hour day fund amounted to $18,036.40. The following is a recapitulation of receipts and expenditures: Total receipts, including balance on hand October 25, 1904, $33,429.08; paid for general expenses, $1,393.37; miscellaneous, $25; per capita tax, $2,520; funeral benefits, $1,595; out-of-work relief fund, $4,488.60; eight-hour-day fund, returned, $42.31; total, $10,064.28; balance, $23,364.80.
BOSTON LETTER. The November meeting of No. 13 was an interesting one from start to finish. Some fireworks were set off, some sensational talk was indulged in, but the good old ship kept true to her course in spite of strong adverse wind. An attempt was made to show that by making all overtime cumu. lative, at the last meeting. No. 13 had violated some supposed oral agreement with the newspaper publishers at the time of the signing of the last scale of prices, but it failed, and the action of the officers in putting the new ruling into effect was endorsed. Some valuable recommendations from the book and job branch were adopted, one of them being the question of forming a woman's auxiliary, which was referred to the branch by the October meeting. It was voted that a committee of twenty-five be appointed to form such an auxiliary, and provision was also made to finance the committee. The move is a commendable one, particularly in view of the fact that there is much work that can be done by a woman's auxiliary looking toward the establishment of the eight-hour day. The branch also recommended that a label committee of five be appointed, and that the salary of the organizer be increased to $21 a week, which was also adopted. The sum of $10 was ordered sent to each member of No. 13 now resident at the Home at Colorado Springs as a Christmas present, which, taken in conjunction with $5 each voted by the book and job branch, has, we hope, helped to cheer them at that joyous season.
In looking over what Frank A. Kennedy, editor of the Western Laborer, has to say about changing the policy of THE JOURNAL, I find he states that Phil E. McAnany. of Boston, who was a member of the committee on THE JOURNAL, was not present at the meeting of the committee; that two members got out the report recommending no change of policy, and that it was signed blindly by the other three. Knowing that "Sadie Maguire" always says just what he means, I was somewhat surprised when Brother McAnany informed me that Messrs. Lavery, Burrows and McAnany were present at the committee meeting referred to; that Mr. Kennedy was the only one who appeared to advocate a change of policy, and that, after a full discussion, the report was made out and signed by the three, and afterward acquiesced in by the other two members of the committee. It would seem to be up to “Sadie" to make good.
The firm of H. M. Plimpton & Co. (the Plimpton Press) is about to consolidate its Boston and Norwood offices. Heretofore no composition has been done in the Norwood plant, but after Janu. ary i it will be thoroughly equipped to make a book from start to finish, with the exception of an electrotype plant, which will probably come later. The Plimpton Press will be one of the largest book offices in this part of the country when the consolidation is accomplished, and, with the Norwood Press already there, should make business good for Norwood Typographical Union, as well as have a tendency to enlarge its membership and strengthen its influence.
This talk of our opponents about the "individual right to work” is absurd. If their argument holds
ZANESVILLE, OHIO. Rumors are flying thick and fast that George Roach will be buying a clothes line, dishpan and bedroom suite before the mosquitoes and grass. hoppers come again.
David McWilliams, of the Signal, returned recently from a hunting trip in Noble county, where he was successful in "bagging" three skunks and two small owls. A promised banquet was declared off.
Miss Emma Butler, one of No. 199's esteemed lady members, was married recently to Albert Fluke. Congratulations are extended to the happy young couple.
C. B. G.
good, then our whole theory of government is wrong. In forming ourselves into municipalities we do so in order that we may reach a desired end--the greatest good to the greatest number. The law is supposed to represent and maintain the best interests of society as a whole. Let an indi. vidual attempt to do as he pleases (if he. pleases to injure the general welfare), and he will find him. self confronted by the majesty of the law. So, in the labor world, no individual interests can be al lowed to conflict with the general good of the whole labor community; and the day is not far distant when scabs will be regarded by the world in the same light as those who work an injury to the municipality.
One of the aims of D. M. Parry's Citizens' In dustrial Association evidently is to "sick" one class of workingmen on the other-i. e., the unor ganized on the organized. This idea is not a new one by any means, as it was very aptly expressed some vears ago by a New York millionaire when he said: “If worse comes to worst we can hire one-half of the working class to shoot down the other half." But what will happen to labor, if it remains "free and independent,” when the employers sink their “individuality” in employers unions, cease to be "free and independent," and become a unit to hold the workingmen down? And do you doubt that this is another one of the aims of the Citizens' Industrial Association?
No. 13's relief fund has had to settle for four. teen deaths since April 1. Ten 15-cent assess ments have been required to meet this unusually large death rate. The last two of this number are expected to pay all death claims and leave about $100 in the fund. This relief fund is maintained by a 15-cent assessment on the death of each member, and the surplus left over after paying death claims is utilized to help along some sick or distressed brother. The results are certainly cred. itable to No. 13.
Secretary of War Taft, who, the newspapers say, is slated for Chief Justice Fuller's job upon the re. tirement of that official, has negatived the desire of some of his Ohio friends that he be a candidate for the presidency in 1908 because, when he was a United States circuit judge in Ohio, he granted an injunction against the workingmen in a railroad strike, and he knows that union men have long memories. Evidently we are making our. selves felt.
The members of Lynn Typographical Union are putting up a strong fight to have the union label on the city printing. An ordinance has been in troduced to that effect, and at a recent hearing before the committee to which it was referred some of Lynn Union's brightest speakers appeared and presented their case in a very able manner. Suc. cess is anticipated.
The Post composing room has had more than its share of sickness of late. W. A. Brehaut has been laid up for some time with heart trouble, John P. Arthur has had a four months' siege of rheuma. tism, and William E. Gillespie has undergone an. other operation for tumor.
If it is legal for employers, individually or col. lectively, to agree to hire only non-union labor
(and this right has always been upheld by the "strong arm" methods of the law), then it certainly must be legal for employers to agree to hire only union labor, the New York court of appeals to the contrary notwithstanding.
The outlook for the placing of the union label on school books used in the Boston public schools grows brighter. At the December election four candidates for the school board were pledged to vote for the proposition, and we succeeded in electing all four. The “mills grind slowly,” but we are "getting there."
Society Note--Dame Fortune is a reserved and exclusive old lady, but her daughter, Misfortune, is a scandalous firt. Everybody tries to win the old dame's smile, but, paradoxical as it may seem, her daughter has the largest following, because she has the most winning ways.
Happening, the other day, to run across a copy of THE JOURNAL of January 15, 1898, I found a telegram from Boston to the effect that “Nine hours is practically won in Boston and Norwood."
year from now we hope to telegraph eight instead of nine.
The Western Laborer states that eight residents of the Home at Colorado Springs voted for Gov. ernor Peabody. Will the eight please write to The JOURNAL and give us their reasons for doing so? I, for one, would like a chance to reply.
Secretary Sterling was elected alderman out in Medford last month. He also informs me that he will celebrate the twenty-fifth anniversary of his marriage December 26. Two interesting events in Sterling's life coming close together,
The recent statement by Carroll D. Wright, that if the 22,000,000 immigrants brought into this country had not come wages would have been higher, should furnish food for serious thought to the working people of this country.
John F. O'Sullivan, lately mentioned in this correspondence as employed by the Mergenthaler people at the St. Louis fair, is back again in his old stamping ground in Gotham. John says there is no place like New York.
The employers are organizing to keep wages down and to maintain long hours. The unions are organizing to raise wages and shorten the hours. Which organization is the more profitable for the workingman to join?
Joseph Coleman, at one time the foreman of Mudge's, but later employed on the Globe, is dead. He had been laid up for the last few years with partial paralysis, but his death was directly due to pleuro-pneumonia.
Brother Dirks, of St. Louis, says that a man got lost in the St. Louis station while chasing for his train. That's nothing. I once knew a man to get lost in a dog house while chasing the growler.
Notice the vast improvement in THE JOURNAL in the last few years? And yet some people advo. cate a change of policy. A successful policy is always the best policy.
Donald N. McIntosh, an oldtimer at Mudge's, died, November 30, of Bright's disease, aged sixty. two years. He was buried near Augusta, Maine.
Here's hoping that our old friend "Josh," who has been reported sick at his home in Lansing,
Mich., will experience an early and complete return to health.
Workingmen in this state are waking up to the fact that the best way for them to view the polit ical game is through trade union eyes.
Some men pride themselves on having "made their mark in the world”; but it often turns out to be only a grimy smooch, after all.
The last letter from Minneapolis would seem to indicate that my friend Will J. made the elephant Rohr during the last campaign.
They have taken away the fair from "fair St. Louis," but it does not necessarily follow that all the fair people have left town.
Secretary Sterling delivered an address on "Di. rect Legislation” before the Cambridge central la. bor union last inonth.
For insomnia-Listen attentively to the ticking of the clock, and you will soon forget what time it is.
Louis J. Frazier, of the American, has returned to work, after an illness of several weeks.
The book and job branch held a highly success. ful social on the evening of December 9.
If an organization is not true to its friends it gives its enemies a good chance to talk.
A man is not necessarily of “no account” be. cause he has no balance in the bank.
Sometimes when you trust a man you discover that you have only mistrusted him.
A sure cure for intemperance-sufficient will power.
Why not enforce the priority law at the city plant?
Quick breathing will eventually wear away the pants. Happy New Year.
TIerbert W. Cooke.
defense fund, or any other available funds, said financial assistance to be used in fighting the Philadelphia Inquirer, to begin with the week ending November 19, 1904, and to continue until the next convention of the International Typographical Union, or until the fight is won; provided, Philadelphia Typographical Union No. 2 shall contribute at least an equal amount, that the conduct of affairs continue under the same direction as heretofore, and that vouchers and financial reports be submitted as required by the executive council.” A circular letter will be sent out by Philadelphia Typographical Union to sister unions asking their endorsement of this proposition, as the cooperation of at least fifty unions is necessary in order to bring this matter to a referendum vote. Philadelphia's location on the map of these United States is itself an argument in favor of this proposition. This city is within four hours' journey of 25 per cent of the membership of the International Union and within twenty-four hours' ride of 90 per cent. If this union is compelled to suffer de. feat in its fight against the Inquirer, unionism in the printing craft throughout the country is confronted with a standing menace to its existence. Philadelphia is the connecting link in the chain of Atlantic coast cities, and is by far the weakest link in the chain. Its geographical position points a warning finger to the eight-hour movement in 1906. If conditions are not bettered in this city before that time the success of the eight-hour day, as far as this section of the country is concerned, will be endangered to a great degree. While through our own efforts we have been able to secure an increase of $2 a week in the book and job scale in the last year, it is impossible to fight a daily newspaper without International support. Therefore, we ask the various local unions to endorse the proposition submitted by Philadelphia Union. The circulation of the Inquirer has been cut one-third, the advertising patronage is falling off, and the end is not yet. Every day records about 200 stop orders sent into the union headquarters, and the canvassers of the unfair paper are resorting to every species of misrepresentation in their efforts to stem the tide of diminution which has set in against the circulation of the Inquirer. A ridiculous story given out by representatives of that paper is to the effect that the strike was called because the union wanted to prevent the Inquirer from paying some of its employes more than the union scale. This statement is so absurd that it is hardly worth while contradicting. The Inquirer never did and does not now pay the scale of No. 2, which is paid on union newspapers in this city. For many years, when the scale of this union was 40 cents an hour, the Inquirer paid 333 cents an hour. When the scale of prices was raised, two years ago, to $3.33 per day of eight hours and price and a half for overtime, the Inquirer raised its price to 40 cents an hour on account of the loss of some of its best men, but positively refused to pay extra for overtime. The men on this paper work on the hour plan, very different from the eight-hour day plan of the union news. paper workmen. The men on the Inquirer may report three or four times a day, getting a few
PHILADELPHIA, PA. Seven months of a most aggressive and success ful fight against the Inquirer have passed, and our members are more determined than ever to force the fight against this unfair newspaper. The very existence of such a condition of affairs in the newspaper business as prevailed in the composing room of this unfair paper is a menace to the existence of our union if allowed to remain so. The loss of this fight would indeed be severely felt by the entire membership of the printing fraternity, as on account of its geographical situation Philadelphia is in a position where its defeat would make the International Union tremble for its future existence. Notwithstanding the fact that No. 2's fight against the Inquirer has been waged with the utmost vigor and success, the executive council has deemed it advisable to submit to the committee in charge of the work a proposition limiting International Typographical Union sup port to $100 per week, and upon refusal by No. 2 to accept such limited assistance, has entirely with drawn its financial support. A motion was unanimously adopted at the December meeting of our union to inaugurate a movement to submit to the referendum a proposition as follows: "Shall the executive council pay to Philadelphia Typograph ical Union No. 2 $200 per week out of the special