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Congress! on Al Record-Sen Ate 3622 CONGRESS! ON AL RECORD-SEN ATE. .MA.Rcn 20, We submit for consideration, and trust the same will be enacted, two SENATE. provisions amendatory of the Sherman antitrust law, which originally were a part of ~he bill during the stages of its consideration by the Sen­ FRIDAY, March BO, 1908. ate and before Its final pas age, and which are substantially as follows: That nothing in said act (Sherman antitrust law) or in this act is Prayer by the Chaplain, Rev. Enw ARD E. HALE. intended, nor shall any provision thereof hereafter be enforced, so as to Tha Secretary proceeded to read the Journal of yesterday's apply to organizations or associations not for profit and without capital stock, nor to the members of such organizations or associations. proceedings, when, on request of Mr. BuRRows, and by unani­ · That nothing in said act (Sherman antitrust law) or in this act is mous consent, the further reading was dispensed with. intended, nor shall any provision thereof hereafter be enforced so The VICE-PRESIDENT. The Journal stands approved. as to apply to any arrangements, agreements, or combinations among persons engaged in agriculture or horticulture, made with a view of PROPOSED LABOR LEGISLATION. enhancin~ the price of their own agricultural or bortlcultm·al products. It is clearly an unwarranted assumption on the part of the courts The VICE-PRESIDENT. The Chair lays before the Senate or others to place the voluntary associations of the workers in the same category as trusts and corporations owning stock and organized a memorial of the International and National Trade and Labor for profit. Unions and Organization of Farmers, which, in the absence of On the one hand we have the trusts and corporations dealing with objection, will be read by the Secretary. purely material things and mostly with the inanimate products of The Secretary read the memorial as follows : labor· ; on the other hand there are workers, whose labot· power is part of their very life and being and which can not be differentiated LABOR'S PROTEST TO CONGRESS. from their ownership in and of themselves. The effort to categorically place the workers in the same position as AMERICAN FEDERATION OF LABOR, those who deal in the products of. labor of others is the failure to Washington, D. 0., March 19, 1908. discern between things and man. We, the official representatives. of. the national a~d int~rnational It is often flippantly averred that labor is a commodity, but modern trade and labor unions and organizatiOn of farmers, ill nattonal con­ civilization has clearly and sharply drawn the line between a bushel of ference assembled, in the District of Columbia, for the J?Urpo.se ?f coal, a side of pork, and the soul of a human, breathing, living man. considering and taking action deemed necessary to meet the sttuat~o~ ill The enactment of the legislation which we ask will tend to so define which the working people of our country are placed by recent decisions and safeguard the rights of the workers of to-day and those who wlll of the cou1·ts, now appear before Congress to vo!ce the ~arJ?.eSt and come after them that they may hope to continue to enjoy the blessings emphatic protest of the workers of the country agamst the mdifference, of a free country as intended by the founders of our Government. if not actual hostility, which Congress has shown toward the reasOn­ In the relief asked for in the proposed amendment to the Sherman able and righteous measures proposed by the workers for the safe­ antitrust law which we present to Congress, labor asks for no special guarding of their rights and interests. privileges and no exemption from the treatment which any law-abiding In the name of labor we now urge upon Congress the necessitY: for citizen might hope to receive in a free country. immediate action for relief from the most grave and momentous Situa­ Indeed, the present Parliament of Great Britain, at its session in tion which has ever confronted the working people of this country. December, 1906, enacted into law what is known as the "trades dispute This crisis has been brought about by the application by the Supreme act." It is brief, and we therefore quote its provisions in full: Court of the United tates of the Sherman antitrust law to the " 1. It shall be lawful for any person or persons, acting either on workers both organized and in their individual capacity. their own behalf or on behalf of a trade union or other association of Labor and the people generally look askance at the invasion of the individuals, registered or unregistered, in contemplation of or during court upon the prerogatives of the lawmaking and executive depart­ the continuance of any trade dispute, to attend for any of the follow­ ments of our Government. ing purposes at or near a house or place where a person resides or The workers feel that Congress itself must share our chagrin and works or carries on his business or happens to be- sense of injustice when the courts exhibit an utter disregard for the " ( 1) For the purpose of peacefully obtaining or communicating in­ real intent and purpose of laws enacted to safeguard and protect the formation. workers in the exercise of their normal activities. There is some­ "(2) For the purpose of peacefully persuading any person to work thing ominous in the ironic manner in which the courts guarantee or abstain from working. to workers: "2. An agreement or combination by two or more persons to do or The " right " to be maimed and killed without liabifity to the em­ procure to be done any act in contemplation or furtherance of a trade ployer; dispute shall not be ground for an action if such act when committed 'l'he "right" to be discharged for belonging to a union; by one person would not be ground for an action. The " ri~ht " to work as many hours as employers please and under " 3. An action shall not be brought against a trade union or other any conditions which they may impose. association aforesaid for the recovery of damage sustained by any Labor is justly indi~nant at the bestowal or guaranteeing of these person or persons by reason of the action of a member or members of worthless and academtc " rights " by the courts, which in the same such trade union or other association aforesaid." breath deny and forbid to the workers the practical and necessary We submit that if such relief from the onerous conditions brought· protection of laws which define and safeguard their rights and liberties about by the Taff-Vale decision of the highest court of Gt·eat Britain and the exercise of them individually or in association. can be enacted by a monarchical government, there ought to be no The most recent perversion of the intent of a law by the judiciary hesitancy in conceding it in our own Republic. has been the Supreme Court decision in the hatters' case, by which the The unions of labor aim to improve the standard of life ; to uproot Sherman antitrust law bas been made to apply to labor, although it ignorance and foster education; to install character, manhood, and was an accepted fact that Congress did not intend the law to so apply an independent spirit among our people; to bring about a recognition and mio-ht even have specifically exempted labor but for the fear that of the interdependence of man upon his fellow-man. We aim to establish the Supreme Court might construe such an affirmative provision to be a normal work day; to take the childTen from the factory and work­ unconstitutional. shop and o-ive them the opportunity of the schools, the home, and the The workers earnestly urge Congress to cooperate with them in the playground. In a word, our unions strive to li~?hten toil, educate their uphuilding and educating of. a publi.c se.ntimen~ which will confine ~he members, make their homes more cheerful, and m every way contribute judiciary to its proper function, whtch IS certamly not that of placmg an earne t effort toward making life the better worth living. 'l.'o a construction upon a law the very opposite of the plain intent of Con­ achieve these praiseworthy ends we believe that all honorable and gress thus rendering worthless even the very moderate efforts which lawful means are justifiable and commendable and should receive the Congress has so far put forth to define the status of the most important, sympathetic support of every right-thinking American. numerous, and patriotic of our people-the wage-workers, the pro­ Labor asks only for justice. It asks that it be not victimized and ducers of all wealth. penalized under laws never intended to apply to it. We contend that equity, power, and jurisdiction, discretionary gov­ We hope for a prompt recognition on the part of Congress of the ernment by the judiciary for well-defined purposes and within specific wage-workers' very reasonable and moderate insistence in this important limitations granted to the courts by the Constitution, has been so ex­ matter. tended that it is invading the field of government by law and endan­ In addition, the other most important measures which labor urges are :' gering individual liberty. The bill to regulate and limit the issuance of injunctions-Pearre bill. .As government by equity, personal government, advances, republican Employers' liability bill. government, government by law, recedes. The bill extending the application of the eight-hour law to all Gov­ We favor enactment of laws which shall restrict the jurisdiction of ernment employees and those employed upon work for the Government, courts of equity to property and property rights and shall so define whether by contractors or subcontractors.
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