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laws forbidding courts to issue injunctions in labor disputes. A second decision destroys the substance of the provision of the Clayton Bill guaranteeing the right to picket and peacefully persuade.
In the first instance, the Supreme Court reversed an Arizona court which denied an injunction to a restaurant keeper who had been boycotted because of his refusal to grant the eight hour day to his employees, ruling that the law of Arizona forbidding the issuance of such an injunction conflicts with the provisions of the fourteenth amendment to the Federal Constitution which provides that no one shall be deprived of property without due process of law. In its decision-written by Justice Taft-the Supreme Court held that patronage is a property right and that while the Union might have advertised the facts, it could take no steps to make the boycott effective.
In the second case the Court ruled that striking workmen may peacefully persuade but must not "importune;" that one striker may plead with the man who takes his place but that if two do so the act becomes intimidation; that unless the strike-breaker consents to be interviewed the intrusion upon his privacy constitutes a breach of the peace. The one decision makes the boycott a farce; under the other neither Judge Taft nor the Carpenter of Nazareth could picket and keep within the law. Rights hedged about by such restrictions are virtually denied.
Where does the responsibility for such decisions rest? Do they show the incompetence of Congress to express its will in effective legislation or a disposition on the part of the courts to interpret the constitution in the interests of property rather than of humanity? The legalistic mind is inclined to lay stress on the letter rather than the spirit of the law. What harm could have resulted had the Supreme Court ruled that the injured longshoreman was entitled to recover under the Workmen's Compensation law of the State of New York? These decisions may be sound law but they show a lack of social vision. The training of the schools, the procedure of the Courts, the conventions of the profession, tend to narrow the outlook, dull the sympathies and put the bench and the bar out-of-touch with life.
The implication of the decision of the Supreme Court in the Arizona restaurant case is that the boycott becomes illegal whenever it becomes effective. The right to boycott-to give publicity to the truth-is one
of the those elusive rights that are lost if exercised, permissible in theory but to be denied if translated into action; a shadow right that exists only as a legal abstraction.
The printers are making a splendid fight for a 44 hour week and a Saturday halfholiday and are winning out. It took them two years and cost them several millions of dollars to win the 8 hour day but they thought the victory worth the price and they are willing to make equal sacrifices to gain the Saturday half-holiday. When it was decided two years ago that the new rule should go into effect this year business was rushing. Had the printers known that the bottom would be out of things they might have deferred action but they decided to go ahead. They acted wisely; the unfair employers have been kept so busy fighting the 44 hour week that they have had no time to attempt reductions in wages. The printers are good providers, they cheerfully furnish an abundance of the sinews of war. They have assessed themselves ten per cent. of their earnings. Six months ago when the fight began they had $100,000 in their Defense Fund; now they have a million dollars. Every dollar added to the Fund strengthens the backbone of the journeymen and weakens that of the unfair employer. The printers do not begrudge a cent of the money. They realize that if they were not spending ten per cent. of their earnings to win better conditions they would be spending more to fight attempted reductions in wages. The Build ing Trades, the most militant wing of the Trades Union movement, know and love a good fighter and their hearts are with the printers.
At the convention of building trades employers' associations to be held in the city of Cleveland, the question of the "open" vs. the "closed" shop is to be debated. The case for the open shop will be presented by Mr. Leonard C. Wason, C. E., president of the Aberthaw Construction Company of Boston, Mass. The merits of the union shop will be told by Mr. Ross F. Tucker, C. E., of New York City. Secretary Davis of the Labor Department has been invited to speak for the unknown quantity-the public. With all respect to Mr. Tucker it would be more satisfactory, perhaps, if he had the co-operation of a representative of one of the international building trades unions in preparing and presenting the argument for stable conditions, possible only in an organized industry.
Bro. Mike Woronka, L. U. 892, New York, N. Y.
Bro. Gus Roberts, L. U. 892, New York, N. Y. Bro. Albert B. Shann, L. U. 130, Houston, Texas.
Bro. N. Frudel, L. U. 349, Montreal, Que., Can.
Bro. Jos. Sylas, L. U. 842, Key West, Fla. Bro. Romani Lanzoni, L. U. 528, New York, N. Y.
Bro. Chas. H. Slater, L. U. 510, San Fran cisco, Cal.
Bro. A. R. Cook, L. U. 300, Seattle, Wash. Bro. Harry Williams, L. U. 128, Cleveland, O. Bro. Anton Schuermann, L. U. 104, Lake Geneva, Wis.
Bro. C. P. Irving, L. U. 459, Texarkana, Ark. Bro. Robert Murrin, L. U. 179, Geneva, N. Y. Bro. Bert Frank, L. U. 1308, Santa Maria, Cal.
Bro. Frank Chiarelli, L. U. 848, New York, N. Y.
Bro. Wm. C. Roderick, L. U. 112, Buffalo, N. Y.
Bro. L. E. Sutton, L. U. 401, Hot Springs, Ark.
Bro. Ansermo Osorio, L. U. 1108, Santure, P. R.
Bro. Fred E. Rodgers, L. U. 54, Evanston, Ill. Bro. Gust Johnson, L. U. 194, Chicago, Ill. Bro. A. F. Imperial, L. U. 19, San Francisco, Cal.
Bro. David R. West, L. U. 469, Fort Wayne, Ind.
Bro. Thos. P. Kielley, L. U. 109, Omaha, Neb. Bro. Chas. Fortenbacker, L. U. 543, Brooklyn, N. Y.
Bro. C. B. Seward, L. U. 30, Savannah, Ga. Bro. John Albright, L. U. 643, Middletown, Ohio.
Bro. Max Gelowitz, L. U. 261, New York, N. Y.
Bro. Chas. Both, L. U. 51, New York, N. Y. Bro. Paul S. Archard, L. U. 713, Glendale, Cal.
Bro. Geo. Hundhauser, L. U. 104, Lake Geneva, Wis.
Bro. G. W. Bartholomew, L. U. 1115, Stockton, Cal.
Bro. J. J. Haverty, L. U. 507, San Jose, Cal. Bro. Peter Collins, L. U. 368, Washington, D. C.
Bro. Frank Burger, L. U. 553, Cincinnati, O. Bro. Ferdinand Schultz, L. U. 781, Milwaukee, Wis.
Bro. Wm. S. Ferebee, L. U. 55, Reading, Pa. Bro. B. F. Kester, L. U. 130, Houston, Tex. Bro. Jos. Miller, L. U. 147, Chicago, Ill.
Bro. Albert Harmon, L. U. 300, Seattle, Wash.
Bro. Jas. Green, L. U. 134, San Francisco. Cal.
Bro. Chris Leichner, L. U. 555, Portsmouth, Ohio.
Bro. Chas. H. Wells, L. U. 482, Charleston, S. C.
Bro. Martin Foster, L. U. 316, Sheboygan,
Bro. Wm. Harvey, L. U. 147, Chicago, Ill.
Bro. M. H. Fox, L. U. 993, Pawhuska, Okla.
Bro. Carl J. Anderson, L. U. 79, Denver, Colo. Bro. Anton Netzer, L. U. 261, New York, N. Y.
Bro. Daniel Stewart, L. U. 505, Streator, Ill.
Bro. W. M. Brown, L. U. 147, Chicago, Ill.
WATCH YOUR BENEFITS.
Local Unions in Arrears.
Any L. U. becoming two months in arrears for per capita tax to the General Office shall at once be notified by the G. S.-T., and failing to settle all arrearages within twenty-one days from date of such notice its members shall not be entitled to benefits except where the local union is on strike or locked out, or for equally sufficient reasons is given an extension of time in which to make payments. Section 15 of the Constitution.
Unions two months in arrears on closing accounts December 31, 1921: 5, 168, 315, 331, 342, 418, 529, 573, 587, 626, 651, 658, 679, 680, 712, 725, 755, 777, 840, 842, 849, 855, 861, 875, 914, 940, 942, 976, 992, 998, 1000, 1047, 1055, 1059, 1094, 1096, 1099, 1105, 1107, 1108, 1111, 1117, 1119, 1146, 1154, 1159, 1179, 1185, 1207, 1219, 1228. 1230, 1241, 1258, 1264, 1271, 1279, 1291, 1308, 1309, 1310, 1312, 1317.
Washington, D. C., Oct. 6, 1921. Memorandum of agreement reached this day between the United Brotherhood of Maintenance of Way Employes and Railway Shop Laborers and the Brotherhood Painters, Decorators and Paperhangers of America. It is herewith understood and agreed: First: That there is no contention or dispute between the Brotherhood of Painters, Decorators and Paperhangers and United Brotherhood of Maintenance of Way Employes and Railway Shop Laborers over the classification of painting work as defined in the constitution of the Brotherhood of Painters, Decorators and Paperhangers.
Second: But it is hereby understood and agreed that the officers, national and local, of the United Brotherhood of Maintenance of Way Employes and Railway Shop Laborers will not permit employes of the Maintenance of Way Department of railroads, who hold membership in said United Brotherhood of Maintenance of Way Employes and Railway Shop Laborers to do painting work, when such work interferes with the rights and privileges of members of the Brotherhood of Painters, Decorators and Paperhangers.
Third: It is further understood and agreed that where disputes or misunderstandings as to jurisdiction arise, in any district or locality, such disputes must be immediately submitted to the international of officers of Brotherhood the United Maintenance of Way Employes and Railway Shop Laborers and the Brotherhood of Painters, Decorators and Paperhangers for investigation and adjustment.
E. F. GROBLE, Grand President,
DUE BOOKS LOST.
Of Bro. Jacob Rosenfield (86764), member of L. U. 623, Chelsea, Mass. If found please forward to the F. S. of L. U. 623, Bro. Philip Besdansky, 15 Addison St., Chelsea, Mass. Of Bro. John Dolan (109303), member of If found L. U. 961, San Francisco, Cal. please forward to the F. S. of L. U. 961, Bro. Jos. J. Cully, 3182 23rd St., San Francisco, Cal.
Of Bro. Meyer Tasoff (66326), of L. U. 777, Newark, N. J. Return to Felix Kaufman, 160 Springfield Ave., Newark, N. J.
Of Bro. J. D. Maloy, now of Los Angeles, Cal. Book lost in El Paso, Texas. If found please forward to C. C. Showen, 4381⁄2 S. Spring St., Los Angeles, Cal.
COMPENSATION FOR DISABILITY ARIS
ING OUT OF OCCUPATIONAL
United States and Territories. Compiled by F. R. Jones. Revised to December 7, 1919. Workmen's Compensation Publicity Bureau, 80 Maiden Lane, New York City. Compiled from Digest of Workmen's Compensation Laws in the United States and Territories.
Any disease arising out of the employment is covered. But in case of aggravation of pre-existing diseases, compensation is payable only for so uch of disability due to aggravation as may reasonably be attributed to injury arising out of employment.
Previous disability is not to preclude compensation for later injury; but in determining compensation, average earnings are to be fixed at such sum as will reasonably represent earning capacity at time of later injury. Percentage of permanent disability caused by any injury is to be so computed as to cover permanent disability caused by that particular injury previously suffered or permanent disability caused thereby.
Terms of compensation may be settled by agreement, subject to approval of Commission. Disputes to be settled by Commission upon application of any party in interest either in person or by attorney or other representative. Commission may order a reference of its own motion or upon application of either party. Referee's findings are subject to review by commission. Within 20 days after final decision of commission, either party may apply for re-hearing upon certain grounds.
"Injury" includes any disease due to causes peculiar to occupation and which is not of a contagious, communicable or mental nature. Any disease, caused by an injury is to be deemed a natural consequence of such injury. (Par. 5341).
Covered indefinitely ("injury" in Par. 1 of Part II is construed to include something more than "injury by accident." See TABLE OF CASES).
The Act covers all injuries, including occupational diseases growing out of and incidental to the employment. (Par. 2394-32). United States Employees.
Ambiguous. (Commission has ruled that diseases not by accident are covered. (Par. 1, 15).
New York added 1920.
Ohio added 1921.
A system that produces enough for all and then lets many suff r and starve is unscientific, immoral and barbarous. It must yield to a better system.
WHITE LEAD POISONING.
Experience of Pullman Car Company. Brotherhood of Painters, Decorators and Paperhangers of America,
Attention Mr. J. C. Skemp, G. S.-T. Gentlemen: Referring to your letter under date of November 15th on the subject of white lead poisoning:
We have been exclusively using at Pullman Car Works since 1911, the white lead product known as "Basic Sulphate of White Lead." We do not use lead sulphate. During the same year, we instituted at these works, extensive sanitary measures for painters under supervision of our medical department in accordance with the prescribed regulations of the State Board of Health, a copy of which regulations you undoubtedly possess. All of our painters are periodically examined by trained physicians and during the past six years we have had only fourteen cases of lead poisoning, which cases were duly reported to the State Board of Health. All of these fourteen cases were men doing inside painting and sanding. During this period we have not had a single case of lead poisoning among men doing outside painting. As a result of this experience, we believe that if dry sanding can be eliminated and said prescribed regulations are observed by painters handling white lead paints, lead poisoning can be largely eliminated. Lead poisoning cannot result unless lead gets into the human system and this can obviously only come from inhalation of the dust caused by sanding or by lack of personal hygiene where it gets into the system through food, which latter will not occur in observation of said regulations.
With regard to the question as to whether our practical elimination of white lead poisoning is due to the change in white leads or due to the medical provision stated, would state that it is difficult to answer this question directly for the reason that safety provisions and the use of basic sulphate white lead were instituted during the same year but we are frankly of the opinion that both are largely responsible for our results. Yours truly,
A. M. JOHNSEN, Engineer of Tests. (The above is in reply to the inquiry referred to in the last paragraph.-Ed.)
F. L. Butler, of L. U. 1214, Kirksville, Mo. H. W. Pillsbury (158836), C. H. Skinner (6278), E. F. Harvey (6233), W. H. Baker (8109), P. C. Phillips, W. H. Loso (37075), J. B. Burnett (74565), Jim Johnson (140251), C. P. Smith (103898), H. M. Killy (90997). W. R. Crook (161662), C. H. Hansen (124820), John Gugoria (101609), Ed Smith (132074), and Witt, formerly of Steubenville, Ohio.
In the In Memoriam notices in the October journal our late Bro. Maynard Stevenson was reported as having been a member of L. U. 497. This was a typographical error; it should have read "Local Union 897."
IMPORTANT NOTICE-PLEASE TAKE HEED.
At this time of the year many due books are being sent to the General Office for verification. Others are sent in for examination in connection with claims for death or disability benefits, others, again, to be checked up with day book sheets so as to supply omissions or correct errors on the ledger cards and filing cards of members. In many instances these books are forwarded without any letter or note of explanation." It causes much delay and an endless amount of work to find out why they are sent. We will greatly appreciate it if all secretaries will place a note with each book they send to the General Office or if a number are sent-make one or other of the following notations on the outside of the package: "Death Claim Dept.," "Filing Card Dept.,' "Ledger Dept.," "Verify"-as the case may be.
WANTED TO KNOW WHEREABOUTS
Of Bro. John Smalley (42441), formerly of L. U. 1010, Orlando, Fla., age about 45 years, height 5 feet, 8 inches, complexion fair, dark hair. Notify L. A. Mitchell, 209 S. Lake St., Orlando, Fla.
Of Bro. P. D. Williams (154915), formerly of L. U. 628, Bend, Ore., age 67 years, weight 125 lbs., height 5 feet, 4 inches, blue eyes, wore mustache and Vandyke beard. Frank P. Brown, Bend, Ore.
Of Bro. S. F. Kerna, formerly of Columbus, Ga., and Dallas, Texas. He is half Indian, real dark complexion, 5 feet, 11 inches in height, has scar on neck nearly the length of his jaw. Notify J. M. Millen, 711 Julian St., care Mrs. Meheteus, Jacksonville, Fla.
For several months the newspapers of New York City and vicinity have been running articles telling of "the vast amount of building that is being constructed in Queens and Nassau Counties, New York."
Clearance Cards are pouring in and we are in danger of building up an army of unemployed. Don't be misled by these articles as there is a surplus of labor here now. You are better off among friends than strangers.
GEORGEE E. EHRHART,
In so far as the modern industrial order superinduces idleness or unemployment it produces crime. Hunger leads to more crime than any one other cause.-Carroll D. Wright.
The dangers of wood alcohol have never been fully understood by a large number of our members. I have for some years submitted resolutions to the Dominion Trade and Labor Congress for legislation through the various provincial governments of Canada and in the resolutions-and also when speaking before the Government committees -have pointed out the need for protection for our men from the danger connected with the handling of wood alcohol. Even small quantities of this liquid may be inhaled Quantities of wood alcohol as small as .2 of 1 per cent in the inspired air may lead to the absorption of the product to an injurious extent.
In such small quantities as this the absorption is slow, but eventually the body becomes "saturated" with it. The greatest danger in inhaling the fumes of wood alcohol is the effect on the optic nerve. It often results in total and incurable blindness. remember some years ago reading in our journal that one member in New York had died through the effects of wood alcohol and another had been blind for some days through working in a vat in a brewery. The danger today to our members who are employed on large buildings and in the furniture factories is not recognized, and I think a word in season from the editor of the journal would be only right. I feel sure that the members at large would appreciate some advice on ventilation when using this deadly material.
I am glad to be in the position to state that the Government here in Ontario has been aroused to the dangers of lead poison and that a department of hygiene, under the direction of Dr. Cunningham, is now in action callecting data and doing what is practical to protect our members and all those in the painting industry and allied trades who may be open to the infection through the lack of care on the part of the employers. Here in this city the municipal authorities do not carry out the legislation that has already been passed by the Provincial Government, so it is only through the instruction and education of our members that we are able to carry on the campaign.
Any information from the various States will be appreciated by the writer. Members of local unions that have good press agents who are willing to send suggestions to me will receive a reply.
J. H. HOPKINS,
Bus. Agt., L. U. 151, Toronto, Ont., Can.