The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1908-01-12

to injure or Cypress any citizen in the
exercise cf his constitutional rights, pro-
voked enc Of the hottest sectional ard
labor debates on the floor of the House
or Representatives. yesterday, witnessed
there this session.
1t was in the consideration Of the codi-
fication and revision of the penal laws of
the United States that this matter came
up, the committee having the work IN
charge recommending that the statutes
be continued in the code unchanged such
was finally agreed upon
When the provision was reached pun
ishing conspiracy TO defeat the exercise
of a. right guaranteed under the Consti-
tuition or the laws of the United States.
Mr.. Smith. of Missouri. offered an amend
ment. for which Mr.. Hughes, OF New
Jersey, offered a substitute, as follows
Provided. however. That it shall not
be unlawful for two or more. persons to
enter into an agreement to leave or re-
fuse to enter the employ Of any person,
copartnership, or corporation, or to ad-
wise, persuade. or induce others to do So
SherIey Talks an Hour.
This provoked a discussion of an hours
length, in which Mr.. Sherley Dem. KY
took the principal part in the face of
opposition OF many OF his party asso-
eiates. He said that he would oppose
the amendment, not only for the reason
that II was not germaue to the para
graph, but that it had not been consid-
cred by a committee of the House; was
likely 10 be crude and unfinished, and
likely to fail Of accomplishing the object
desired.
In my humble judgment" he said.
the section does not in any sense apply
to the conditions that the gentlemen por-
tray-the result of iniunctions against
labor strikes. If there have been grave
sbuses, they have not grown out of in
dictments Of strikers or members Of labor
unions under this section; they have been
caused by issuing injunctions in civil
processes in the Federal courts. I, for
one, ain willing to limit that power in
some regard. One OF the elements of a
prosecution under this section must be a
conspiracy against n right guaranteed by
the Constitution or the laws 1 say to
this House, q conspiracy against that
right ought to be punished. tApplause.)
II the right guaranteed IS a wrong right
amend your Constitution, but do not un-
dertake to disregard il by passing an act
that violation Of the law shall not be
punished
Addition to Debate.
Subsequently. when the Succeeding sec
ton was read, there was slight addl-
ton on to the labor debate. It contained
a provision that where an overt crime was
committed pursuant 10 the conspiracy.
punishment should be inflicted in accord
anee with the law of the State IN which
the crime was committed Thus It was
pointed out that III case murder resulted
from a conspiracy by moonshiners in
their efforts TO eYade the revenue laws.
death would be The punishment inflicted
for conviction upon an indictment charg-
ing conspiracy only. where the killing was
committed in a State where the punish
ment for murder was death. NJ De
Almond Dem, Mo-, moved 10 strike ont
the section. He asserted that the reason
for retaining the provision in the law was
10 make members Of labor unions sub
purpose alone and the committee ought
10 know for what 1t was voting when It
passed upon the motion.
Mr.. Payne (Rep., \. ", pleaded with
the committee to proceed in an orderly
manner with the matter before it. which
was the codi6cation Of the criminal code
of the United States. If an attempt was
made to amend every section as it was
read in accordance with the Whlm on
caprice Of a member at the time. the bin
would not be passed in this Congress.
On Books Thirty-five Years.
The section in question had been on the
statute books for thirty-five years. and no
complaint had been heard from any one
against its operation except possibly some
moonshiners and their friends. The evil
dent object Of the proposition before the
committee was to nullify the efforts of
United States officials to prosecute viola
tons Of the internal revenue law, and
this he protested should not be done un-
less a committee Of the House after due
investigation of the subject should 50
recommend
The motion to strike out was defeated
s. TO %.
Five sections Of the bill only were con
sidered during the session. on the last
vote on q motion TO strike out one OF
them. the committee was sustained by g
majority Of but six, and Mr.. Moon rep.
Pa in charge Of the BILL thought it best
not 10 risk a possible adverse vote and
moved that the committee rise.
This was DONE and at $50 p. m. tht
House adjourned until Monday.
Let US not be led astTay by haTdship'
in cases portrayed by gentlemen or by
political agitatOTs outside I believe
have Il proper appreciation Of the right.
and the haTdships Of the labOTing man
I have never constituted myself a speCia
champion because. without intending t.
reflect upon anybody, my observation has
been that those who claim to hold a brie
for a special person. or set Of persons
are not always the truest friends of th'
interests Of those persons. Applause
Wants Laws Respected.
A little later Mr.. Sherley repeated hii
remedy for the troubles outlined b.
Messrs. Hughes and Smith--to repeal tn,
law and not to authorize the disregar,
for the law and law breaking.
Mr. Smith, Of Alissouri-That's what w
are trying TO do now.
Mr. Sherley.-NO, it is not The propo
sition is not 10 take away any right tina
may exist. but it is TO say that if me,
eonsplre against it they shall not be pun
ished
Continuing along this line. Mr.. sher
ley said that he believed laboring mel
had their rights and that he would de
fend them in the exercise of thos
rights He had done SO in the pas
but had never been demagogical abou
it; he did not believe the time had ye
come in this country when speeia
rights should be conferred upon a spe
oial class (Applause) Mr. Shirle,
was in colloquy with several of hi