TU1 f5d 3 E TRADES COUNCILS LIXCOLN, NEBRASKA, JAXUABY 10, li0S NO. 41 mm W UNION F A API I l Lflnm V k Temple Stockholders Elect Last Tuesday night occurred the flr-t nnniinl election of the Lincoln Labor Temple Building Association, held at 127 North Twelfth street. Dur ing the two hours the polls were opened the room looked like a polit ical caucus, and there was a lot of figuring lone to produce results that would commend themselves to the stockholders at large. The articles of incorporation pro vide that six directors at large shall he elected In addition to the one di rector selected by each union owning 100 Bhares of stock. As yet only union mon are stockholders, so only union men were considered as candidates. The utmost care was exercised to see that two or three of the smaller unions should be represented, regardless of the fact that their unions as unions did not hold stock. The Bookbinders, for Instance, with only seven mem bers, are financially unable to own enough stock to entitle the local to a director, but the unions that do hold sufficient stock split their votes so as to elect a bookbinder on the board. This was also true in the casa of the pressmen and the clgarmakers, all three of these unions having shown splendid interest in the project. Soon er or later all ot them will be stock holders. The election was carried on with the utmost good feeling, and all pres ent showed the liveliest interest. Capi tal Auxiliary No. 11 to Typographical Union No. 209 sent a committee to cast the vote of the Auxiliary, and the presence of the women was appreci ated. The Hollowing directors at large were elected: Fred Ress, Bookbinders. T. W. Evans, Clgarmakers. A. V. White, Plumbers. Alex Weckesser, Pressmen. W. Li. Mayer, Electrical Workers. W. M. Maupln, Typographical. The Bartenders, Electrical Workers, Printers, Painters, Leatherworkers, Carpenters and Barbers' unions each own 100 or more shares of stock and are therefore entitled to one director each. These directors are as follows: S. L. Chapiu, Barbers. G. A. Walker, Bartenders. , O. M. Rudy, Electrical Workers. J. W. Dickson, Carpenters. T. C. Kelsey, Leatherworkers. Fred Ihringer, Typographical. Geo. De Lacey, Painters. These thirteen men will constitute the board of directors for the next two years, subject to the addition of di rectors selected by unions taking the renuired amount of stock. The board will meet next Monday night at 127 North Twelfth street to elect a presi dent, vice nresldent. secretary and treasurer, and to designate an execu tive committee of seven, of which the officers named' shall constitute a ma- Jority. With a permanent organization thus effected the association will be pre pared to begin the work in earnest. All that has been done heretofore has been preliminary to the real work, and from now on the matter will be pushed with vigor. The association 1s In fine shape. Union men are tak ing a more active interest, and the pessimistic among them are rapidly becoming optimists. Men who a few months ago declared that "it's no use trying to build a Labor Temple," are . now convinced that it cfcn 'be done and that it will be done. There are more looeters and fewer knockers now, and the outlook is as bright as it could well be without settling some thing afire. The committee met Monday even ing and received a nice bunch of money from the Bale of stock. In fact, not one meeting has been held at which stock was not sold and paid for. Some discussion arose over the legal construction of some of the sections or the articles of incorporation, so a committee was appointed to seek legal odvlce. This was done, and the elec tion Tuesday was pulled off in a strict ly legal manner. Just as soon as possible the new board of directors will secure plans for a building so that Investors may 'know Just what they are going Into, and when this is done the campaign for placing the stock will (be com menced. The board wants it distinct ly understood that it win Wat ask for a dollar of donations. The association has a safe and paying investment proposition, and it will be presented to the people of Lincoln purely upon Its merits. Facts and figures "will be s.mbmitted to demonstrate the sound ness of the proposition. THE PLUMBERS. How They Took Hold of the Labor Temple Proposition. In point of numbers the Plumbers' Union of Lincoln is a "little one" as compared with the Carpenters, the Printers or the Barbers. But what they lack in numbers they make up in enthusiasm in union works. Not hav ing an overflowing treasury the Plumbers decided that their local could not at this time take a hundred shares in the Labor Temple. But they took shares as individuals. By unani mous vote they assessed themselves 50 cents a week for ten weeks $5 eiich and took eighty shares, each member giving his share to the local. In the spring they will do it all over again, and then ask some of the "big" unions to match it. If every union man in Lincoln would meet the game of the plumbers It would mean Just about $15,000 in the next two monfhs and that would In sure the laying of the cornerstone of a Labor Temple next Labor Day. The "big" unions will have to wake up and go some if they equal the gait set by the Plumbers' Union and that's no Jolly. A. V. White, after due consideration, decided that there was no .better place than Lincoln, so he has decided to remain. The old Joke about frozen pipes and plumbers' bills has not been over worked so far this season. As a c-.atter of fact the mild winter has made work in the plumbing line Just a trifle slow. But for all that the men manage to get in pretty good time, and when not at work they take heart over the outlook for an unusually good summer season. Ed. English says he would like to have the Job fixing the pipes of some cf the political dreamers of this town. Frank Best opines that prohibition would make business better for "the plumbers. It would provide a lot cf "Joints" that would have to be "wiped" out. Bert Chipman claims and with good reason to be a first class plumber, but he is forced to admit that he has a few rheumatic Joints that he has not yet been able to fix properly. THE BARBERS. Making Great Preparation for Their "Smoker" Next Week. The Barbers' Union is making great preparation for its "smoker" and toysterfest" next Wednesday night, and there is no longer any doubt that it will be one of those fine occasions you often read about in story books. 'I he "boss barbers" will be enter tained in royal style, and the non union barbers will be invited and given the best there Is in the larder. The union men want to get acquainted with their non-union brethren for the purpose of being able to show them the many advantages of unionism. The evening will be spent in a social way, with plenty of union-made cigars to smoke, and plenty of oysters to banish that "gone feeling" In the pit of the stomach. The fact that several members of the local have joined the Musicians' Union brought out the other fact that there was a lot of musical talent among the barbers. The result is the organization of a "Union Barbers' Glee Club" that is said to be a wonder. It will make its debut next Wednes day night. All visitors will be searched at the door for possible missies. N. A. Otis, who carries a Musician's card in addition to his Barber's card, denies that he makes his music by wrapping a piece of tissue paper his comb and then blowing through it. President McBride repudiates the report that barbers are too prone to conversation while at work. He says they talk so much at the union meet ings that they are worn out for the next two weeks. Secretary Swinker, who has a great head for "Aggers," reports that the Lincoln ball team has won the 1908 pennant in sixteen different barber shops since January 1. At the meeting of the local union on January 1, the following resolu tions were unanimously adopted: "Whereas, God in His Wisdom has seen fit to remove from our midst our beloved brother, Morris Moore, and "Whereas, We, his brothers and fellow workmen, will miss him in our daily work and friendly meetings, and "Whereas, His smiles, his words of cheer, and his always cheerful dispo sition will ever be remembered by us, be it "Resolved, That we extend our heartfelt sympathy to his widow and family, and send her a copy of these resolutions, also causing a copy to be spread upon our minutes and the same published In The Wageworker. JOHN C. KIRKMAN, JOE M. LONG, Committee. THE MUSICIANS. Unable to Find a Limit at Which to Stop Growing. Last week The Wageworker report ed that the Musicians' Union had a membership of 116, and that looked like the limit. But it seems that the Musicians have decided to "remove the limit," for at the meeting last Sun day the membership reached the 130 mark, with more applications in sight. Tliis rather breaks the record In all similar lines in this town. 'Will Norton and N. A. Otis have switched Jabs. Norton was elected financial secretary and Otis was elect ed recording and corresponding secre tary. This wasn t exactly the way the union framed it up, so Norton and Otis got together and traded with tbf consent of the membership. The Musicians' Union is less than four months old, counting from the time the work of organization began It started out with twenty-four char ter members, and that was thought to be about all. But they Just kept com- in- until there are now 130 members. The ainion will meet at Bruse's hall at-11 a. m. one week from next Sun day. A l'ot of important business is to be transacted, and every member Is requested to be present when Presi dent Pinney lets the gavel fall TYPOGRAPHICAL UNION. Holds First Session of the Year and Grinds Out a Grist. Lincoln Typographical Union No. 209 met at Fraternity hall last Sunday afternoon, it being the first meeting cf the new year. The principal busi ness consisted of reading the an nouncements of the various candidates for international office and in consider ing the local situation. Strange to say, there were no ap plications for membership and no initiations. A collection of several dollars was taken up for the relief of a badly crippled union man in Texas who is making an appeal to his brother unionists for help. He is ut terly helpless. President Kelsey of the Central La bor Union visited the local and made a brief address which was listened to with interest and greeted with hearty applause. 1 Fred Ihringer was re elected as representative of the union on the Labor Temple directorate. A new committee with Fred Mickel as chairman was appointed to arrange for the erection of a suitable monu ment on the union's burial lot in Wy- uka. The anniversary committee asked and was granted further time in which to submit a report. A full report will be made at the February meeting. THE CIGARMAKERS. Interested in Big Change in Local Ownership Recently. Local cigarmakers are much inter ested in a recent change in the local cigar manufacturing business. The first of the year N. H. Cinberg bought out Wm. Seeltagfreund's factory, to gether with all the famous Seeling freund brands. Mr. Cinberg has add ed his purchase to the plant he has so long operated, and the result is he has one of the largest cigar factories in the west Wm. Seelingfreund re tires from the business after long years of success, feeling that he is en titled to a little rest. His "Burlington Route" and "Senator Burkett" cigars have achieved an almost national rep utation, and Mr. Cinberg says it will be his especial business to keep them right up to the high standard. The Cinberg factory is now employing six- teen- men, and expects to add to the fores right along. Wm. Pepperburg, who is about to remove his factory from Plattsmouth to Lincoln, will probably rent the 'Seeliugfreund building on S street and occupy it until his building on West O street is ready for occupancy, which will be, about May ' 1. Local cigar makers are patiently waiting to see what developments there may 'be in the Pepperburg matter. S. B. Kenin, who officiated as fore man for Mr. Seelingfreund, will serve in the same capacity for Mr. Cinberg. Mrs. T. W. Evans has been serious ly ill for same time. ' While the demand for cigarmakers is not at all pressing, there are no idle men in Lincoln at the - present time. The demand for men, however, would be much greater if every union man would demand labeled cigars. It would be wonderfully increased if a lot of men who are always boosting for "home industry" would d-o more of it with their money and less with their vocal organs. THE MACHINISTS. Preparing to Enjoy Their Annual Ball On January 21. The local branch of the Inter national Association of Machinists is making great preparations for the an nual ball of the local, which will ba held at Fraternity hall on January 21. Governor and Mrs. Sheldon and Mayor and Mrs. Brown have accepted invita tions to be present. The committee in charge of the annual function is working hard to make it the best in the local's history,' and the indications are that they will succeed. The reception committee at the ball will consist of R. H. Mcore, A. A. Hyers, John Malstedt, Leo Gleason and F. J. Schemebel. A cordial invi tation is extended to all union men and women to participate in the pleas urea of the evening. MAKE NO WAGE DEMANDS. Conductors and Trainmen Finish Their Session in This City. The general c'ommittee of the Or der of 'Railway Conductors and the Brotherhood of Railway Trainmen of the Burlington system concluded their three days' sessions late last Saturday night. During the evening the con ductors elected the following officers: Chairman, J. B. Tanney, of Lincoln Neb.; vice chairman, G. F. Murphy, of Beardstown, 111.; secretary and treas urer, R. F. Ledford, of Hannibal, Mo. The next meeting of the conductors' general committee will be held ' at Kansas City two years from now. The conductors decided that the salary of the chairman shall be $2,500 a year for the two years of the term. That of the chairman of the trainmen is the same. Chairman Tanney, of the conductors, and Chairman Barnes of the trainmen, went to Chicago Mon day tt confer with General Manager Ward, of the Burlington lines east of the Misstouri river, regarding griev ances that have 'been considered at this meeting. The trainmen held a meeting Satur day night at which it was understood matters relating to the adjustment of present schedules were considered. The conductors also were in session, at which similar subjects were dis cussed. No formal announcement of the proceedings of the night's sessions was made further than they related largely to matters of schedules and organization. It was denied that a demand for increased wages will be made at this time. CENTRAL LABOR UNION. Meets Next Tuesday Night and Elec tion Will Be Held. The Central Labor Union will meet at Bruse's hall next Tuesday evening. The chief business will be the elec tion of officers for the ensuing term, and for this reason it la desired that evry accredited delegate be present. it is up to the delegates to "chirk up" : and make the central 'body of stome real service to the organizations in the city. Of late months the body has "not been very active, owing large ly to the lack of interest on the part of delegates. This should be reme died, and. must be if the body is to be made of service. Sjet every delegate be present at the meeting next Tuesday night. The St. Joseph Lead company and the JJoe Run Lead company, of Bonne terre, Mo., have resumed operations, and 10,000 men are employed. Employer's Liability 1 Law Unconstitutional Last Tuesday the supreme cour; of the United States, through Justice White, handed down an opinion as to the constitutionality of the employers' liability law, enacted , at the request cf President Roosevelt by the last congress. By a vote of five to four the law was held to be "repugnant to the constitution." Justice Harlan, who is pretty near ly always right on the questions of interest to the common; people al though he missed it in the Moyer habeasi corpus case dissented from the majority opinion and held that the law was constitutional. It is held that the law is not in accordance with the constitution of the United States be cause it "goes beyond the bounds per mitted in the regulation of interstate commerce." Following are the principal points from Justice White's opinion: - "The act then being addressed to all common carriers engaged in interstate commerce, and imposing a liability upon them in favor of any of their employes may be engaged at the time of the injury, of! necessity includes subjects wholly outside of the power of congress to regulate commerce. Without stopping to consider the numerous instances where, although a common carrier is engaged in inter state commerce such carrier may in the nature of things transact business r.ot interstate commerce, although such local business may indirectly be related to interstate commerce, a few illustrations showing the operation of the statute as to matters wholly inde pendent of interstate commerce will serve to make clear the extent of the power exerted by the statute. "Take a railroad engaged in inter state commerce, having a purely local 1 branch operated wholly within a state. Take again the same road having shops for repairs and it may 'be for construction work as well as a large accounting and clerical force and hav ing, it may be, storage elevators and warehouses not to suggest- besides, the possibility of its being engaged in other independent enterprises. Take a telegraph company engaged In the transmission of interstate and local messages. Take an express company engaged in local as well as interstate business. Take a trolley line moving wholly within a state as to a large part of its business and as to the re mainder crossing the state line. "As the act thus includes many sub jects, wholly beyond the federal power to regulate; it results that the act is repugnant to the constitution and can not be enforced unless there be merit in the propositions advanced to show that the statute may be saved. "So far as the face of the statute is concerned, the argument is this, that because the statute says carriers en gaged in commerce between the state, etc., therefore the act should be inter preted as being exclusively applicable to the interstate commerce business and none other of such carriers and tnat the words 'any employe,' as found In the statute should be held to mean any employe when such employe is en gaged only in interstate commerce. But this would require us to write into the statute words of limitation and re striction not now in it. But if we ould bring ourselvse to modify the statute by writing in the words .sug gested, the result would be to restrict the operation of the act as to the Dis trict of Columbia and territories. "Of course, if it can be lawfully done, our duty is to construct the statute so as to render it constitutional. But this does not imply, if the text of an act is unambiguous that it may be re-written to accomplish that purpose. Equally clear is it, generally" speaking, that where a ' state contains provisions which are constitutional and others which are not, effect may be given to the " legal - provisions1 by . , separating them from the illegal.- But this ap plies only to a case where the pro visions are inseparable and not de pendent one upon the other and does not support the contention that that which is indivisible may be divided. Moreover, the rule that a case where the legal provisions may be severed from those which are illegal,' in order ot save them, applies to where it is plain that congress would have en acted legislation with the unconstitu tional provisions eliminated. All these principles are so clearly settled as to not be open to controversy. It remains only to consider the conten- .T tlon which we have previously quoted, that the statute is constitutional al though it embraces subjects not within the power of congress to regulate, be cause one who engages in interstate ' commerce thereby admits all his business concerns to the regulating power of congress. To state the proposition is to refute it. It assumes that because one engages in interstate commerce he thereby endows congress with power not delegated to it by the constitution, in other words, with the right to legislate concerning matters of purely state concern. It is appar ent that if the contention were well founded, it would extend the power of congress to every conceivable sub ject, however inherently local, and would obliterate all the limitations of power imposed by the constitution and would destroy the authority of the states as to all conceivable matters which from the beginning liave been and must continue to be under their control, so long as the constitution endures. i "Concluding as we do, the statute, whilst, it embraces subjects within the authority of congress to regulate com merce, also includes subjects not within its constitutional power, and that the two are so Intended, in the state that they are incapable of sepa ration, we are of the opinion that the courts below rightly held the stat ute as to be rpuguant to the consti tution and non-enforcible and tlfa judgments below, are therefore af firmed." ', Senator Knox of Pennsylvania, who has taken much interest in the litiga tion growing out of the employers' lia bility act, which was declared to be unconstitutional, has introduced a bill which is intended to remedy the defects in the present law. ' . The bill is so drawn as to make !t applicable only to corporations en gaged in such commerce as congress has the undoubted right to control and to employes' of such corporations engaged exclusively in interstate com merce. The existing law is so broad as to cover all transportation between states, but Mr. Knox's bill so modifies it as to limit its operations to common carriers which are operated by steam or similar motive power. . UNION ELECTRIC CAB. Union Men Should Call For It When Needing a Ride. L. A. Dickson, a member of Local No. 265, International Brotherhood of Electrical Workers, is engineering the electric cab which is so often seen pursuing its noiseless way about the streets of Lincoln. In "sassiety" par lance it is known' as an "electric brougham," but .we'll call It a cab for the sake of convenience. . ' Mr, Dickson wants the patronage of union men, and he deserves it. He will answer all calls, day or night, and the caller can ride in a hand somely equipped electric cab just as cheaply as he can in one of the old kind. His night stand is at the Lin dell hotel. His 'phones are Auto 4531 and Bell A427. He will give party calls especial attention. The Wage wcrker recommends this good union biother to the unionists of the city. See his business card elsewhere in this paper. V . UNION OFFICIALS QUIT. On January 8 the last Union Labor party city official in San Francisco stepped down and out, and the city is . now in the hands of "business men." Organized labor controlled the city for three years, and to the ever lasting disgrace of unionism Is pre sented the spectacle of graft to the limit. It will take organized Sabor years to live down the injury done to H by the weak men who were made the tools of designing grafters and political corruptionlsts. 1 MANY OUT OF WORK. ; Retrenchment is the excuse given by the Illinois Central for letting out more than 3,000 employes. Most of these are paid at ' the New Orleans terminal, and -the result is a heavy depression in the Crescent City. :