The Indianapolis journal., 1904-01-27
.NTI-rNJuNCTIoN LEGISLATION.

The miners convention will probably de-
clare in favor of the passage of the anti
injunction bill now before Congress. 1t is
sometimes referred to as the conspiracy
bill. 1t was introduced by Representative
Grosvenor, of Ohio. and is now in the hands
of the judiciary committee 1t is entitled "A
bill to limit the meaning of the word con-
spiracy,' and the use of restraining orders
and injunctions in certain cases. The bill
provides:
That no agreement. combination or con-
tract by or between twoor more persons to
do or procure to be done any act in con-
temptation or furtherance of any trade dis
pute between employers and employees in
the District of Columbia or in any Terri
tory, or between employers and employees
who may be engaged in trade or commerce
between the several states shall be
deemed criminal. nor shall those engaged
therein be indicted or otherwise punishable
for the crime of conspiracy. if such act
committed by one person would not be pun
ishable as a crime; nor shall such agree
ment, combination or contract be considered
as i'm restraint of trade or commerce. nor
shall any restraining order or injunction be
issued with relation thereto.
The effect of the bill. if passed. would
be to change the common law definition of
the word conspiracy" as it has existed
and been construed by the courts almost
from time immerorial. This definition is
"a combination between two or more per-
sons to commit any act punishable by law,
OF to effect legal purpose by criminal or
unlawful means" Under this definition one
person may do lawfully what. if several
persons combine in doing. becomes a con-
spiracy. One workman may quit work
whenever he pleases, but if number COM
bne i'm a strike, and attempt to make il ef-
fective by intimidation. boycotting or pick
eting it becomes a conspiracy and punisha-
BILE as such at common law The Grosvenor
bill would make fundamental. change in
the legal definition of the term conspir-
acy. and would upset long line of deci-
sions.
A similar bill was introduced in the Fifty
sixth Congress and passed the House on
May 2. 1902 but with amendments which de-
/ stroyed it's value to the labor organizations
by whose attorney it had been drawn 1t was
introduced again i'm the Fffty-seventh Con
gress and passed the House as originally
| drawn. but was so amended by the Senate
/ that the labor unions opposed its further
consideration. The original bill contained
/ the provision above quoted. but the Senate
/ amended il by inserting the words mot IN
/ volving injury TO property or breach of the
peace" This practically left all boycottine
and picketinis combinations stin under tn,
old common law definition OF conspiracy
The labor unions did not want it this way
Samuel Gompers. president of the Ameri
can Federation of Labor. said the senat,
amendment transformed an anti-injunctior
bill into a pro-injunction bill. BY discard
ing the bill as amended the labor unions
virtually admitted that what they wante,
was the right to combine together not onl,
I'm striking. but i'm boycotting and picketing
without beins liable TO be enjoined by tn
courts
In his address at the opening Of the min
ers' convention President Mitchell urge
the convention to indorsc the ant-injunctior
bill. and said:
The evils which have grown out Of the i'm
discriminate Issuance OF FEDERAL iniunctiOus
the insdiOus attempts upon the part q
some OF our federal judges 20 deprive Us O
the right OF trial by jury. are so we'll know
20 the trade unlontsts OF our country as z
require no elaboration Ia this report There
fore. / would recommend that the nationa
secretary be instructed 10 ascertain the ex
act status of these bills. 20 secure thel
proper numbers and titles and 10 send
circular letter containing this infOrmatio
10 each OF our local unions with such m
structions as Will enable our members col