The Birmingham age-herald., 1908-01-12
Congressman Have a Lively SsSsiOn Discussing the
 Penal Code
REPUBLICANS MUSTER
 THEIR FULL STRENGTH
Questions of conspiracies, Strikes and Boycotts Are Brought Up In Ef- fort To Amend Certain
 Sections of Code.

sections or Code.
 Washington, January 11.--A vigorous
 fight was waged in the House of Repre-
 sentatives today oyer the bill to codify
 and revise the penal laws of the United
 States, with particular reference to sec-
 ton 19. affecting eonspiracies against the
 civil rights of citizens. Messrs. Smith of
 Missouri and Hughes of New Jersey, of
 fered amendments having for their object
 the exemption of labor unions from the
 operation of the section whenever such
 unions declare strikes or boycotts. A
 motion to strike out the whole section
 was made by MT. Bartlett of Georgia. The
 brunt of the debate was borne by Mr.
 Sherley of Kentucky, a member of the committee On revision, but he was sup
 ported by a number of Republicans.
 These amendments were all lost. as was
 one by MT. Dearmond to strike out see-
 tion 20 because 1t conferred federal
 courts in punishing felonies and misde-
 meanors committed under section 19 the
 authority given to the courts of the state
 in which the acts are committed. The
 only amendment. to successfully pass the
 gauntlet was one by MT. Clark of Mis-
 souri, striking out that portion of the
 section ls which provides for offenders,
 the additional punishment of iaelgibility
 to hold any office of honor, trust or profit
 under the government. In anticipation of
 the debate and the necessity for votes,
 the Republican leaders mustered then
 full strength and thereby were enabled to
 vote down all amendments which they deemed undesirable.
 The exceeding earnestness- of the debate led to the charge that there had been @ prearrangeinent but this was denied. 1 The Democratic leaders declared that
 they had no intention of conducting filibuster.
 The fact that many of the votes taken during the somewhat stormy debate were
 almost strictly party votes, was said by Democratic leaders to be incidental and
 not significant of any pre-concerted plan.
 The presence in their seats of many law
 yers served to prolong the debate. It IS
 likely that discussion of the bill on points
 of law will be indulged from time to time
 for several weeks.
 Discussion Begun. After passing several bills by unanimous
 consent, the House resumed consideration of the bill to codify the penal laws of the United States. At the close of yesterdays session, the pending business an amendment to section 19, providing that fin the matter of civil rights the code shall not embrace agreements made by labor or trade unions to peaceably to declare strikes and boycotts, and 1t was the first principal clause to receive att tention today. It was regarded as of suf- ficient importance to cause a call for all
 Republicans to be present at today's ses- sions.
 The amendment was suggested by MT. Smith of Missouri and not by Booker, as had been enormously stated, and at the beginning of the days session the former offered modification of his own pro- vision as to make it read Nothing in this section shall embrace any agreements made by labor or trade unions that shall result in or effect the declaring of a strike or boycott or any efforts in the exercise of free speech made by such labor or trades unions after such a strike or boycott shall have been de- clared; provided, further, that they are made for the purpose of inducing non- union persons to act with them and against the company or corporation | against which the strike or boycott has | been declared even though such company | or corporation he injured thereby in it's l property rights"
 Rights of Labor. In speaking to his amendment MT. Smith said he believed labor unions had the law l full right to make contracts declaring | strikes but it had been the experience | that whenever they did so they were l1xr nf legislative enactment for fear they might cause some inconvenience and annoyance to the public. Therefore the efforts of the strikers were suppressed by some court process The power of capital, he said,
 was so great as to minimize and impair
 every effort made by labor in that direc- tion.
 Upon tho supposition that the Smith amendment would be held to be uncon- stitutional. MT. Hughes of New Jersey, while remarking that he was in sympathy with it, offered the following substitute, which he thought should stand the test of judicial construction:
 Provided, however. that it shall not be unlawful for two or more persons to en- ter into an agreement to leave or refuse to enter the employ of any person, CO., partnership or corporation, or to advise, persuade or induce others to do so" Strenuous opposition to both the smith l amendment and the Hughes substitute came from MT. Sherley of Kentucky. who declared amid applause that the rights guaranteed under the constitution provide that any man who violates & law by con- spiracy or otherwise should be punished What we need in America" lhe said, 1 ''is to teach the people to obey the law l and not to disregard il"
 No Special Rights. The laboring man, he said, was entitled | to his rights, but" he added Qoud ap- l plause) ''the time has not come in this country when any class of men are en- titled to special rights over any other class
 He was willing to defenu laborng men, | and had done so, but he was not willing | to be demagoglc about it, or to make the | amendment the instrument of legislation | that was crude and had no. been consid- l cred by committee. | MT. Sherley became involved in | brief colloquy with his colleague. MT. ~>~~~>~~~~~~~~~
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