Portland labor press. (Portland, Oregon) 1900-1915, February 26, 1904, Image 1

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Portland Labor Press
E state federation of labor
No. 29
P O R T L A N D , O R E G O N , F E B R U A R Y 2 6 , 1904
Vol. IV
T h is p recu rso ry b u rst of reasoning
th a t of M assachusetts, to-w it, in 1780,
inspired the convention to do things,
and in th at co n stitu tio n was em bodied
which it did w ithout a d issenting
the same provision as is contained in
voice. T h e spirit of. p atrio tism and
the co n stitu tio n of C olorado, to-w it,
freedom ran so high th a t the follow ­
th at the w rit of habeas corpus should
ing reso lu tio n s were passed unani­
not be suspended, except in cases of
m ously, in spite of the fact th e re were
rebellion, or invasion, when the public
som e good, lib erty -lo v in g A m ericans
safety dem anded it. It was stated in
absent, and not a few dead:
tins co n stitu tio n al convention, w ithout
----------------- -
The W icked Unions.
dispute, and was a w ell-recognized
and ad m itted fact, th at the G overnor
“ Resolved, T h at th e p ro p aganda of
had no pojver to suspend the w rit in
labor unionism in the U nited S tates,
a state; th at the suspension of the
and the everyday p ractical w orkings
w rit was intended to be, and w as in
thereof, are rev o lu tio n ary and sub­
M assachusetts, as in E ngland, a m a t­
versive of the rig h ts of labor, and
• I
• I
ter for legislative action.
'h e em ployers of labor and of the
221-223 Morrison Street, Corner First
I laws of the land. A bove all, they are
In 1787 the co n stitu tio n of the
W age Workers by Series
rado Assumed Arbitrary
i d estructive of the rig h ts and liberties
U nited S tates was adopted, and the
of th e g reat body of the people irre-
I same provision was placed in it. In
I spective of th eir affiliation with un-
, 1796-7 occurred S h ay ’s rebellion in
1 M assachusetts, and the L egislature of
; ionism or w ith em ployers of labor.
the state and n ot the G overnor, sus­
“ Resolved, fu rth er. T h a t the pres­
F. W . O w ers, an able counsel anti
pended the w rit of habeas corpus.
condition of an arch y and con­
of A m erica, an o th er “friend "(?) of
D istrict A tto rn ey of T eller County,
In 1807 Jo h n M arshall, Chief Ju stice the trad es union m ovem ent, held its tem pt for law and th e co n stitu ted au-
C olorado, attack s th e au th o rity of
of the Suprem e C ourt of th e U nited first annual convention in In d ian ap o ­ | th o rities b ro u g h t about by th e law less
G overnor P eabody to suspend the
S tates, in the case of ex p arte Bohl- lis, I n d , com m encing last M onday ! leaders and m em bers of labor unions
With entire New Store and
w rit of habeas corpus, during the m in­
has forced upon the peace-loving citi-
man, 4 Cranch, 75, em phatically de- m orning.
New Fixtures
n o of r m
e rs’ trouble,
tro u b le, and aeciaraiio
d eclaration
m a ar r -
. , ,
t f
1 1 » » . ‘ c a r e d th a t it at any tim e it should
D. M. P arry , the industrial Moses, zens of the U nited States the neces-
tial law in the Cripple C reek district.
£ »
An Up-to-Date Store
. „ j * becom e n ecessary for the w rit ot ha- was there pro m p tly as scheduled, and sltX ° f dem anding th a t the nam es and
Mr. O w ers has never been classed :
, , .
, ,
- ■ ,
■ i , • beas corpus to be suspended, it was delivered one of his ch aracteristic a d - . w hereabouts of these law breakers
C o m e S e e M e • ••
dresses in “favor” of organized labor, w ho Practice intim idation, boycotting,
i - is i know n ,i
bor. but
th ro u g h i ,™
o u ,. t th e i for th e L eg islatu re to say so, and th , a t
as fo llo w s'
picketing, d estru ctio n of p ro p erty , and
E x p e r t o p t i c i a n in C ta a r jje o f
sta te as a brillian t atto rn ey and a ju s t '
“T he in terests of all classes, includ- , who com m it a ssau lts upon th eir fel-
co u rts m ust issue the writ.
O p tic a l D e p a r tm e n t
man. H e says:
Some tim e after this, Judge S torey ing those of labor, can n o t avoid being | low laborers, o r com m it o th e r crim es
H isto ry of H ab eas Corpus.
te his C om m entaries on th e Con­ injured by attem p ts upon th e p art ; ,n tb e nam e of labor, be m ade know n
T h e Io w a J e w e le r
E x a m in e lo u r E y e » F re e
T h e w rit of habeas corpus lias stitu tio n of the U nited S tates, and he of cith er g o v ern m en t o r civil organi- !Or tb e P rotection of al, law -abiding
g en erally been spoken of as being em phatically declares th a t the execu­ zations looking to the arb itra ry regu- PeoPIe and for the best in terest of
based on M agna C harta, adopted in tive has no pow er to suspend the w rit lation of industry. T h erefo re, eight- Iabor ltsclf and to the end th at justice
1215, w here the express declaratio n is of habeas corpus.
hour, an ti-injunction and national ar- nla>' be nieted out.
m ade th a t a m an shall n o t be de­
"R esolved, fu rth er, T h a t the execu-
T h e question n ex t arose in the S tate , h itratio n bills are to he u tte rly con-
prived of his lib erty except upon ju d g ­ o f L ouisiana.
In th e w ar of 1812 i dem ned as being dangerous innova-1 tlve com m ittee is h ereby directed to
m en t of his peers, an d th a t no free­ G eneral Jack so n declared m artial law lio n s in governm ent and certain to ,ak e tbe n ecessary steps to ascertain
m an shall be subject to arb itra ry to be in existence in th e City of Nc.v affect d isastro u sly th e n ational w e l- , tbe id en tity of such persons, and ob-
T H IR D a n d M O R R IS O N S T S .
a rre st by th e king; but, as a m atter of O rleans and surrounding country, and fare T h ere could be no freedom if ,ain fu l> inform ation in connection
fact, th e sam e principle had been re ­ attem p ted to suspend th e w rit of h a-j only a certain p ortion o f th e people | therew ith, and a rep o rt of the same
peatedly applied by th e co u rts in E n g ­ heas corpus on the au th o rity of the had the rig h t to co n tract for the sale i be m ade to each o rganization holding
land long p rio r to the ad o ption of the P resid en t of the U n ited S tates. T he of th e ir labor or services. T h e era- , m em bership in th is association.”
M agna C harta. I t is even claim ed by Suprem e C ourt of L ouisiana sh o rtly ployer should n o t be influenced by
The Naughty Label,
able w riters th a t the w rit w as b ro u g h t th e re afte r discussed the question, and any o th e r consid eratio n in the hiring
“T h at the use of the union label on
to th e island by the R om an conquer­ held th a t no such pow er existed either of m en th a n the ability, fitness and | m anufactured articles recognizes and
o rs d u rin g th eir conquest, and th a t in G eneral Jack so n o r in the P re si­ lo y alty of th e applicant. I t is only | endorses th e endeavor of th e labor or-
th e w rit is an o u tg ro w th of civil law dent of th e U nited S tates. A short by follow ing a policy of th is kind th a t ganization to control the entire labor
alone. It is tru e th a t such a w rit ex­ tim e afte r this, th e U n ited S tates C ir­ m erit can receive its ju st rew ard and m ark et; th at it is no indication of the
in th e ancient days of Rom e cuit C ourt of L ouisiana arrested G en­ the highest m easure of success he se- quality of the goods, and as its use is
The Fastest Growing Store of the Northwest j isted
and th a t it w as n o t suspended in eral Ja ck so n on th e charge of v io lat­ cured in industry. T h erefore, it is a su rren d er of individual freedom and
Rom e except by o rd er o f th e Senate. ing th e w rits of the court, and held the plain duty of the em ployer to re ­ is a badge of subserviency, be it re­
W hile it is tru e th a t th e w rit was th a t he had no p o w er to declare o r a t­ sist to the utm o st the closed-shop de­ solved. th at the C itizens’ In d u strial
used in E n g lan d p rio r to M agna C har­ tem pt to declare the existence of m ar­ m and of organized labor.
A ssociation of A m erica declares its
ta, it is also tru e th a t it w as rep eat­ tial law, and com pelled G eneral Jack-
“Since it is his m oral duty n ot to opposition to the use of such labels
edly violated by the king and th at it son to pay a thousand dollars fine for discrim inate betw een union and inde- and urges upon m an u factu rers th a t
Ï was n ot effective. It w as supposed his disobedience to courts. T h e tw o pendent labor, it is his duty, th ro u g h . th ey refuse its use on th eir products,
— —
• th a t it w ould be effective after the L ouisiana eases will he found to be o rganization, to d em o n strate to the being a species of b oycott, and it is
b aro n s had w rested th e g rea t M a g n a K
ed ¡n 3 M artin , O. S. 530.
of U N I O N m f lD E
general public th a t he should n ot be j only by reason of u n tram m elled en­
- rigfit
C h arta from th e king, b u t repeat -I In 1845 in the case of - W
forced in to becom ing an involuntary ! terp rise th a t im provem ent in manu-
edly afterw ard s th e p rovisions of the ! against Jo h n so n , 5 Ark. 687, th e Su­ p arty to such discrim ination. I do facture and national advancem ent can
M agna C h arta w ere defied and disre­ prem e C ourt of A rkansas declared n ot believe th a t the general public . be secured."
g arded and it w as n o t until 1679 th a t th a t it to o k an act of L eg islatu re to will su p p o rt organized labor in its ef-
S eparate resolutions denouncing the
the g reat habeas corpus act of Eng- au th o rize the suspension of th e w rit fo rts to com pel th e em ployer to b e - : eight-hour law and anti-injunction
and was passed, w hich has been ef­ of habeas corpus.
com e its business agent, for such he bills now pending before congress
fective in th a t co u n try ever since. It
In 1861, a sh o rt tim e afte r the would becom e if he be forced to re- w ere also ---<ed. Copies of the reso-
has been claim ed by learned judges b reaking o ut of the war, P resident fuse em ploym ent to m en because they | lutions will be sent to the congres-
and w riters, th a t w ith the passage of Lincoln, un d erto o k to suspend the w rit do not b elong to the union. T he lead- sional com m ittees.
the habeas corpus act th e re passed of habeas corpus as to all p riso n ers ers of o rganized labor will be relieved | F rederick E. M atson of Indianap­
aw ay the last vestige of ty ran n y in arrested by the m ilitary, and the ques­ of a g reat deal of the burden of m ain­ olis. spoke ag ain st the an ti-injunction
E ngland.
tion cam e before Chief Ju stice T aney, taining th e m em bership of their o r­ bill. Mr. M atson is the atto rn e y for
D u rin g the days p receding the R ev­ of th e U n ited S tates Suprem e Court, ganization if the em ployers could be the N ational A ssociation.
o lu tio n ary w ar in A m erica the crown in the case ex p arte M errim an, T an ey com pelled to keep up th eir m em ber­
T h e co n stitu tio n adopted at the p re­
claim ed th a t th e colonies had not the 246, and was fully an d exhaustively ship for them . T h erefo re, in n ot re ­ lim inary m eeting of the association:
sam e rig h ts th a t th e people of E ng- discussed. T h e em inent judge of th e sisting the efforts of the labor ag ita­ at Chicago, O cto b er 29 and 30, prob­
and had. T h ere w as at th a t tim e no Suprem e C ourt em phatically rep u ­ to rs to m ake them th eir tools in the ably will be adopted with few changes.
question as to the rig h ts of E nglish- diated the attem p t to suspend th e w rit w ork of fasten in g the shackles of des­
A m ong th e m em bers of the revision
I m en; the habeas corpus law protected of habeas corpus, and declared this potism upon labor, th e em ployers are of the co n stitu tio n are C. T. Kinnie,
I hint, and he had all th e lib erty th a t w rit to be the g rea test rig h t th a t any gravely lacking in the duty th ey owe vice-president
th e C olorado S tate
anyone desired: b ut in the colonies it citizen could have, and th a t such a to lab o r in general. T he em ployer Alliance, of C olorado S prings, and
was claim ed th a t the co n stitu tio n of rig h t could n ot be suspended, except has a legal rieffit to em ploy only union F letch er Linn,
P o rtlan d , O r.
E ngland did n ot apply. T h is was a by legislative act, w hich w ould be ac­ men if he chooses, and the m em bers
G eneral H. D onzelm ann, of C hey­
co n stan t source of irritatio n betw een com panied w ith restric tio n s and lim i­ of a union have th e legal rig h t to enne. W yo., chief legal counsel for the
S A L E S R O O M : S. t il . C o r n a r F i f t h a n d S t a r k S tr e e ts
the colonies and the crow n. In E n g ­ tatio n s, to prevent its abuse.
refuse to w ork w ith independent la­ In dependent O rd e r of L abor, was also
F A C T O R Y : C o rn e r G ra n d H v e n u e a n d B a s t T a y lo r S tr e e t
land th e m ilitary w as recognized as
In O cto b er, 1861, the question came bor. But I m aintain th a t n eith er the there. Mr. D onzelm ann w as th e re to
su b o rd in ate to th e civil pow er, and up again before th e U n ited States em ployer n o r the m em ber of the un- ask m oral su p p o rt for the new organ-
P O R T ü flN D , OREGON
th ere w as no dispute o r contention C ircuit C ourt for th e D istrict of Co­ ion has any m oral rig h t in either case ; ization, w hich is a w o rk e rs' union
th a t th ere could be any such th in g as lum bia, and is rep o rted in U. S. vs. to d iscrim inate ag ain st m en who do ¡th a t is en tirely independent of other
m artial law. I t w as a w ell recog­ P o rte r, F ed eral Case 16074-A; and n ot care to belong to union organiza- \ o rganized unions. It stan d s firm ly for
nized fact, and had been for a hundred this co u rt declares th a t no such pow er tions. If the union men p ersist, how - 'h e open-shop principle. L ocals have
years, th a t th e w rit of habeas corpus existed it) the P re sid en t of the L m te d ever, in d iscrim inating ag ain st the in- been estao n sh ed in Cheyenne, Den-
could n o t he suspended in E ngland, States.
dependent lab o rer by refusing to w o rk , vcr. O gden and in m any o th e r W est-
except by act of P arliam en t; but in
In Septem ber, 1862, the U nited with him, th eir legal rig h t to discrim - ern cities, he said. T he p urposes of
the colonics the crow n m ade the civil S tates D istrict C ourt for the S tate inate ends w ith th eir refusal to work. this o rganization are: T o p ro tec t the
pow er su b o rd in ate to the m ilitary of N ew Y o rk again set its seal of co n ­ No union has the legal rig h t to p re­ lives, liberty anil p ro p erty and p u r­
pow er and claim ed the rig h t to make dem nation upon the action of P re si­ vent an independent lab o rer from suit of hanniness of its m em bers, as
arb itra ry arrests, from w hich it was d en t L incoln, and said th a t it m ade w orking, and n eith er has it the legal well as to pro m o te th e cultivation of
166 a n d 168 F ir s t S treet
claim ed no release could be had by no difference how g reat or how pure rig h t to com pel the em ployer n ot to social in terco u rse and m utual p ro tec­
w rit of habeas corpus.
tion. Mr. D onzelm ann said in a sh o rt
a p atrio t the P resid en t of th e U nited hire the independent w orkm an.
Ip 1776 th e colonies, in th eir D ec­ S tate s m ig h t be, no such p recedent
“ Now, if the unions take th e posi­ talk:
laratio n of Independence, as one of should be established as m eant the tion th a t th ere m ust be discrim ination
“ U nionism will d estro y all com pe­
and PORTIERES to fit any purse, whether it be for a PALACE
th eir chief grievances ag ain st the p ossibility of people being deprived ag ain st independent labor as the price tition, am bition and individualism .”
K in g of E ngland, declared th a t he of th e ir rights.
Mr. D onzelm ann w as a U nited
or for modest COTTAGE.
for the em ploym ent of union labor,
had attem p ted to su b ordinate the civil
We have the goods. We sell at LIVING PRICE8, LATEST
T h e question n ex t arose in V er­ then I believe it m ay becom e the duty S tates consul at I rague.
pow er to th e m ilitary pow er, and had
m o n t in O ctober, 1862, and is rep o rted of th e em ployers to discrim inate j
attem p ted to m ake the m ilitary pow er in ex p arte Field, 5 Blatch. 63, Judge ag ain st union laborers. T h e em ployer
M assachusetts Copies Law.
su p erio r to the judiciary. T h e D ec­
L ab o r p apers all over th e country
Sm alley, U n ited S tates C ircuit Judge, is n ot to be expected to em ploy men
laration of Independence declares
held th a t w hile th e re could be no sus­ w ho are seeking to com pel him n o t j are p raisin g the M assachusetts law
do n 't see th e label, we ask you to
th a t no m an w ho w ould atte m p t so to
pension bf the w rit of habeas corpus, to em ploy o th er men and w ho are which gives th e S tate L ab o r Com mis-
govern yourselves accordingly.
T he M usicians’ A ssociation of P o rt­
act w as fit to be th e ru ler of free u n d er the first proclam ations which also seeking to invade his rig h ts in sioner pow er to ascertain and pub­
land, local No. 99, A. F. of M., wish
had been issued by the S ecretary of o th e r respects. T h e union m ust un­ lish th e facts in a co n tro v ersy betw een
D u rin g th e R ev olutionary W ar, G en­ W ar, under the sanction of th e P re si­ d erstan d th a t while m en have th e an em ployer and his em ployes, in case
to call the atten tio n of m em bers of
L ocal 99, A. F. of M.
eral W ash in g to n addressed a le tte r to dent of th e U n ited S tates, th a t still rig h t to o rganize any association they eith er refuses to arb itra te. W a sh in g ­
affiliated unions and their friends to
his generals, in w hich he stric tly com ­
th e fact th a t very few of the am use­
th e P re sid en t him self had the pow er see fit, th e re is th is qualification, th at ton unionists are n ot envious o r they
Ready for Business.
m anded them to resp ect the civil au­ to suspend th e w rit, and th a t the last the acts an d p urposes of such asso­ would claim som e of the praise th a t is
m ent reso rts in the N orth E nd of the
The Federated Trades Laundry th o rities, an d n o t to attem p t to m ake p ro clam atio n m ade b y th e P resid en t, ciations shall n o t be co n tra ry to law being given th eir M assach u setts con­
city em ploy union m usicians.
T he
reason for this discrim ination is b e ­ is now running and ready for busi­ the m ilitary su p erio r to the civil au­ to -w it: In Septem ber, 1862, suspend­ and th e sp irit of A m erican freedom , tem poraries. I t is a fact th a t the
cause they can get the oth er kind a I ness. Your patronage is solicited. thorities.
ing th e w rit as to all m ilitary arrests, and th ey m ust u n d erstan d th a t those law of the la tte r sta te is th e copy of
W h en independence w as achieved, w as valid. T h e ju d g e says th a t he is w ho join asso ciatio n s w hich seek to th e W ash in g to n law, and th a t law
few hits cheaper. W e call the a tte n ­ Address, Corner Quimby and 17th
th en cam e th e adoption of th e con­ inform ed th a t th e A tto rn ey General, d iscrim inate ag a in st o th e r m en may was fram ed by o rganized labor, and by
tion of union men to the fact th a t the Streets. Phone, Main 1405.
stitu tio n of th e different states, and
m usicians label (house card) will
as w ell as som e o th e r em inent law yers expect in tim e to find them selves dis­ them lobbied th ro u g h a hostile L egis­
See that the union label is on your of the U nited S tates. O ne of the first
lature.—S eattle U n io n Record.
h ereafter be displayed in all houses
crim in ated ag ain st.” •
co n stitu tio n s th a t was ado p ted was
em ploying union m usicians. If you goods.
History of Writ by Able
Meet in First Annual Con:
M EN'S $ 2 0 .0 0 OVERCOATS, $ 1 6 .0 0
MEN'S $ 1 5 .0 0 OVERCOATS, $ 1 2 .0 0
MEN'S $ 7 .7 5 OVERCOATS, $ 6 .2 0
still m The on stanil
D ry Goods
G en ts’ F u r n is h in g s
a n d S h o es
i N E U S T flD T E R BRO S. :
Taubenheimer fy Schmeer
Carpet and Furniture Company