« ForrigeFortsett »
a writ of injunction was served on Weber, the contents of which were known also to Haddow and doubtless to the other defendants.
After stating the above, Judge McDowell, continuing, said:
Having thus set out the orders of this court, some or all of which are alleged to have been disobeyed or resisted by the defendants, it may further tend to clearness of thought to briefly consider some questions of law involved in this matter. It is admitted by defendants Weber and Haddow that they are officers of the organization known as the United Mine Workers of America;" that their duties consist in part in organizing mine workers into local lodges of said order; that they came to Virginia both in October, 1901, and March, 1902, for the purpose of organizing such lodges among the miners working for the receivers at Inman and at Tom's Creek, as well as among miners working at other nearby plants. It appears from the evidence that in western Pennsylvania, Ohio, Indiana, and Illinois the coal miners are so nearly all members of the organization that said regions may be considered as “union” territory. Further, that in West Virginia and Virginia a great many-perhaps a majority-of the miners are not members of the union. It also appears that when, on a former occasion or occasions, a general strike was ordered, the hopes of the organization were, in some measure at least, defeated because of the fact that the miners in West Virginia continued at work, and the coal thus produced went into the markets that would otherwise have been largely dependent upon the output of the union territory. Hence, it seems, that the object in organizing lodges in the Virginias is to bring the Virginia mines under the control of the organization.
The right of the employees of the receivers to voluntarily join a union that has only legal purposes in view can not be denied. Moreover, the right to induce, by legal methods and fair moral suasion, the employees of the receivers to join such an organization is not denied. But if the object of the union is illegal, or if the methods employed by it, either to induce acquisitions to its ranks or to accomplish its ulterior purposes, are illegal, it appears to be well settled that the persons who combine in such efforts are conspirators.
In the first place, it is hardly open to serious question that the ultimate
purpose of the union is not legal. This purpose is to secure control of mining operations, including those under the management of the receivers of this court. Confessedly, control is desired for this purpose: If the union miners in some other State make complaint of grievance, the justness of the complaint to be adjudged solely by the union,—the union will be in a position to enforce compliance with their demands by ordering and carrying into effect a general strike. Can this court rightfully surrender control of the works under its charge to the United Mine Workers? On authority it is clear that it can not. [Cases cited.] On reason, also, it is equally clear. But a discussion of the reason for this rule, involving sociological questions of much interest, can not now be entered into.
To go further, it appears from the evidence that, in order to perfect the control desired by the union, it is necessary that practically all mine workers be members of the organization and subject to its directions. In other words, it is necessary that nonunion men-men who do not desire to join the union-be compelled to quit work. This is one of the avowed means to the desired end. That this is illegal and
not to be tolerated needs no argument. Hence, even if it were conceded that the ultimate purpose is legal, yet, as a means intended to be used to effect the ultimate purpose is illegal, it follows that a combination to effect the purposes of the union is a conspiracy.
It was proved that the number of men in the employment of the receivers was only about one-third of the number at work before the troubles began, and that many men had been intimidated by threats that they would be shot if they worked. Notices had been posted, with the seal of the local lodge and signed “U. M. W. of A.," notifying certain classes of employees “to stop work,” and again “that your works are suspended.” Some of these notices had been posted by defendants Cass Braley and David Clarkson.
Judge McDowell stated this, and said:
It is earnestly contended that the defendants Weber and Haddow never participated in, sanctioned, or advised any of the illegal acts traced to some members of the union. But the act of the union in ordering the coke pullers and loaders to stop work is in itself in direct contravention of the order of this court directing the receivers to operate the plant. In other words, such acts are illegal. Coupled with the known intimidation of some of the employees, the above notices can hardly be considered otherwise than an order, not to be disobeyed with impunity, to stop work. Again, the notices containing the statement that the works are suspended” is itself in contravention of the orders of this court. The union has never disavowed the responsibility for the issuance of the notices above mentioned. In their bearing on the statement that the union intended to use unlawful means to secure its end, the addresses made by the defendants Weber and Haddow at the meeting on Sunday, March 2, 1902, are of importance. According to the witness George Kilgore, who seemed to be disinterested, what was said was that in the event mentioned [i. e. if the men refused to join the union), the product of the mines would be boycotted, and all nonunion miners would be blacklisted and denied work at any unionized mines.
So far the question has been discussed without particular reference to the order of October 26, 1901. This order specifically requires of Haddow and Weber that they “desist from any interference with the employees of the said receivers so as to affect the conduct of the business of the receivers.” Under attachment from this court, these defendants were arrested on the evening of March 12th instant. Upon being arrested the defendant Weber, according to disinterested witnesses that can not be disbelieved, put his head out of the car window, and, speaking to a crowd of union men there collected, advised them to “continue their work,” and not to agree to anything until he and Haddow returned. The “work” the union was then engaged in, certainly in part at least, consisted of intimidating nonunion men who wished to work. The witness Baldwin testified that Weber told him that he had violated the order of October 26, 1901, and intended to violate it. This witness had no interest to misstate the facts in this respect. The conclusion is forced upon the court that both Weber and Haddow knowingly and intentionally disobeyed the said order.
An order will be entered punishing the defendants for their contempt.
LAWS OF VARIOUS STATES RELATING TO LABOR ENACTED
SINCE JANUARY 1, 1896.
[The Second Special Report of the Department contains all laws of the various States and Territories and of the United States relating to labor in force January 1, 1896. Later enactments are reproduced in successive issues of the Bulletin from time to time as published.]
ACTS OF 1901.
SECTION 1. It shall be a misdemeanor for any person or persons to carry on the business of barbering on Sunday in Oregon.
SEC. 2. Any person or persons found guilty of violating this act shall be punished by a fine of ten dollars or by imprisonment in the county jail for five days for the first offense; and by a fine of not less than twenty-five dollars nor more than fifty dollars, or by imprisonment in the county jail for not less than ten days nur more than twenty-five days, for the second offense, and for each subsequent offense.
SEC. 3. The term person” or “persons” used in this act shall be deemed to include partnerships and corporations.
Sec. 4. Inasmuch as there is urgent need for the relief of overworked persons engaged in the barbering business, an emergency is hereby declared, and this act shall be in force and effect from and after its approval by the governor.
Filed in the office of secretary of state February 11, 1901.
Exemption from execution, etc.— Wages.
SECTION 1. Section 313, Title II, Chapter III, of the General Laws of Oregon is hereby amended so as to read as follows:
Section 313. The earnings of any debtor for personal services, performed by such debtor at any time within thirty days next preceding the service of an attachment, execution or garnishment, shall be exempt from the effect of any such process when it shall be made to appear by the affidavit of such debtor, or otherwise, that such earnings are necessary for the use of the family supported wholly or partly by the labor of said debtor.
SEC. 2. Inasmuch as there is some uncertainty as to the effect of the law upon the subject of exempting the earnings of a judgment debtor, and a great necessity exists for the amendment of the act upon that subject in the manner herein provided for, this act shall take effect and be in force from and after its approval by the governor.
Approved February 13, 1901.
Protection of street railway employees—Inclosed platforms.
SECTION 1. Each corporation, company, and individual owning, managing, or operating any street railway or line in the State of Oregon shall provide, during the months of November, December, January, February, and March of each year, all cars run or used on its or their respective roads with good, substantial, and sufficient vestibules or weather guards for the reasonable protection of the employees operating passenger cars of such corporation, company, or individual.
SEC. 2. The vestibules or weather guards provided for in section 1 hereof shall be so constructed and so maintained and adjusted upon each car during each of the said months as to reasonably protect the employees of such corporation, company, or individual operating said passenger car from the wind, rain, or snow.
SEC. 3. Any violation of the provisions of this act shall be deemed a misdemeanor and shall subject the owner or manager of such street railway or line to a penalty of $100 fine for the first offense, and $100 for each and every subsequent violation thereof, and each car run one day when not so equipped shall constitute a separate violation hereof.
SEC. 4. Provided however, That none of the provisions of this act shall be in force or effect until January 1, 1902.
SEC. 5. It shall be the duty of the prosecuting attorneys of the various districts in this State to see that the provisions of this act are strictly enforced. Approved February 25, 1901.
SECTION 1. From and after the passage of this act the following bell signals shall be used in all mines in the State of Oregon operating a steam, electrical, gasoline or other hoisting plant to wit:
1 bell, hoist (see Rule 2); 1 bell, stop (see Rule 2); 2 bells, lower (see Rule 2); 2–2 bells, calls top man to collar of shaft; 3 bells, man to be moved, run slow (see Rule 2); 3–1 bells, man to be hoisted, run slow (see Rule 2); 3-2 bells, man to be lowered, run slow (see Rule 2); 4 bells, move bucket or cage very slow; 4-1 bells, start pump; 4–2 bells, stop pump; 1-3 bells, start air compressor; 2-3 bells, stop air compressor; 5 bells, send down tools (see Rule 4); 6 bells, send down timbers (see Rule 4); 7 bells, accident; 1-4 bells, foreman wanted; 2-2-2 bells, change bucket from ore to water or vice versa; 3-2-1 bells, ready to shoot in shaft (see Rule 3).
Engineer's signal that he is ready to hoist, raise bucket or cage two feet and lower it again (see Rule 3). The bucket or cage must be raised from station six feet when not in use, notice being given to engineer to that effect, as follows: Ring one bell, hoist; and when bucket or cage up six feet, one bell, stop. Levels shall be designated and inserted in notice hereinafter mentioned (see Rule 1).
SECTION 2. For the purpose of enforcing and properly understanding the above code of signals, the following rules are hereby established:
Rule 1. In giving signals make strokes on bell at regular intervals. The bar (-) must take the same time as for one stroke on the bell, and no more. If timber, tools, the foreman, bucket or cage are wanted to stop at any level in the mine, signal, by number of strokes on the bell, the number of the level first before giving the signal for timber, tools, etc. The time between the signals to be double bars (--). Examples: 6 - - 5, would mean, stop at the sixth level with tools; 2 -- 3 - 1, would mean, stop at the second level, man on bucket or cage, hoist; 4 -- 3 - 1, would mean, stop at the fourth level, man on bucket or cage, hoist; 2 -- 3 – 2, would mean, stop at the second level, man on bucket or cage, lower.
Řule 2. No person must get on or off the bucket or cage while in motion. When men are to be hoisted or lowered, give the signal for men-men must then get on bucket or cage—then give the signal to hoist or lower. Bell cord must be at all times within reach of man on bucket or cage.
Rule 3. After the signal, “ready to shoot in shaft," engineer must give his signal, when he is ready to hoist, i. e., raise the bucket or cage two feet, then lower it again. Miners must then give signal, “men to be hoisted,” then “spit fuse,” get on bucket or cage, and give the signal to hoist.
Rule 4. All timbers, tools, etc., “longer than the depth of the bucket or cage” to be hoisted or lowered, must be securely lashed at the upper end to the cable. Miners must know that they will ride up or down the shaft without catching on rocks or timbers and be thrown out.
Rule 5. The foreman will see that one printed sheet of these signals and rules for each level, one for the collar of the shaft and one for the engine room are attached to a board not less than twelve inches wide by thirty-six inches long, and securely fasten the board up where the signals can be easily read at the places above stated.
SEC. 3. The above signals must be obeyed. Any violation of the same will be grounds for discharge of the party or parties so doing. No person, company, corporation or indviduals operating a mine within the State of Oregon, shall be responsible for accidents that may happen to men disobeying the above rules and signals. Said rules and signals, on notice as above set out, shall be signed by the superintendent or person having charge of the mine, who shall designate the corporation or owner of the said mine.
SEC. 4. Any person, company, corporation or individuals operating any mine within the State of Oregon having in operation a steam, electrical, gasoline or other hoisting plant as above described, who shall fail to comply with the terms of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than $25 nor more than $250.
SEC. 5. Inasmuch as there is no law upon this subject, and it is of importance for the safety and protection of miners and mine owners, an emergency exists, and this act shall take effect from and after its approval by the governor. Approved February 26, 1901.
Trade-marks, etc., of trade unions.
(Page 168.) SECTION 1. Whenever any person or any association or union of workingmen has heretofore adopted or used, or shall hereafter adopt or use, any label, trade-mark, term, design, device or form of advertisement for the purpose of designating, making known or distinguishing any goods, wares, merchandise or other product of labor as having been made, manufactured, produced, prepared, packed or put on sale by such person or association or union of workingmen, or by a member or members of such association or union, it shall be unlawful to counterfeit or imitate such label, trademark, term, design, device or form of advertisement, or to use, sell, offer for sale, or in any way utter or circulate any counterfeit or imitation of any such label, trademark, term, design, device or form of advertisement.
SEC. 2. Whoever counterfeits or imitates any such label, trade-mark, term, design, device or form of advertisement; or sells, offers for sale or in any way utters or circulates any counterfeit or imitation of any such label, trade-mark, term, design, device or form of advertisement; or keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor to which or on which any such counterfeit or imitation is printed, painted, stamped or impressed; or knowingly sells or disposes of any goods, wares, merchandise or other product of labor contained in any box, case, can, or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed; or keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor, in any box, case, can or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed, shall be punished by a fine of not more than $500, or by imprisonment for not more than three months, or by both such fine and imprisonment.
SEC. 3. Every such person, association or union that has heretofore adopted or used or shall hereafter adopt or use a label, trade-mark, term, design, device or form of advertisement as provided in section 1 of this act, may file the same for record in the office of the secretary of state, by leaving two copies, counterparts or facsimiles thereof with said secretary, and by filing therewith a sworn application specifying the name or names of the person, association or union on whose behalf such label, trade-mark, term, design, device or form of advertisement shall be filed, the class of merchandise and a description of the goods to which it has been or is intended to be appropriated, stating that the party so filing or on whose behalf such label, trademark, term, design, device or form of advertisement shall be filed, has the right to the use of the same, that no other person, firm, association, union or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimile or counterparts filed therewith are true and correct. There shall be paid for such filing and recording a fee of $1. Said secretary shall deliver to such person, association or union so filing or causing to be filed any such label, trade-mark, term, design, device or form of advertisement so many duly attested certificates of the recording of the same as such person, association or union may apply for, for each of which certificates said secretary shall receive a fee of $1. Any such certificate of record shall in all suits and prosecutions under this act be sufficient proof of the adoption of such label, trademark, term, design, device or form of advertisement. Said secretary of state shall not record for any person, union or association any label, trade-mark, term, design, device or form of advertisement that would probably be mistaken for any label, trade-mark, term, design, device or form of advertisement theretofore filed by or on behalf of any other person, union or association. But the said secretary shall file and record under this act any label, trade-mark, term, design, device or form of