The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-01-12
LABOR UNIONS
NOT EXEMPTED
Vigorous Fight in the House
Over the Bill to Codify and
Revise Penal Laws.
AMENDMENTS VOTED DOWN
KENTUCKY DEMOCRAT LED THE
REPUBLICANS.

Washington, Jan. IA vigorous
fight was waged in the house of rep
resentatives today over the bill to
codify and revise the penal laws of
the United States, with particular re
ference to section 49, affecting conspl-
racies against the civil rights of citi-
Zens. MeSsrs. Smith of Missouri and
Hughes of New Jersey offered amend
ments having for their object the ex-
emption OF labor unions from the ope-
ration of the section whenever Sucn
unions declare strikes or boycotts. A
motion to strike out the whole section
was made by Mr.. Bartlett Of Georgia.
The brunt of the debate was borne by
Mr.. Sherley of Kentucky. member OF
the committee on revision, but he was
supported by a number of Republicans.
The amendments were all lost, as was
one by Mr.. Dearmond to strike out
section 20 because II conferred on led
eral courts in Furnishing felonies and
misdemeanors committed uhder sec
ton 10 the authority given TO the
courts of the state in which the acts
are committed.
The Smith Amendment.
When the house resumed considera-
ton of the hill to cOdify the penal
laws the pending business was an
that In the matter of civil rights the
code shall not embrace agreements by
labor or trade unions to peaceably set
tie strikes or bOycotts. 1t was regard
ed as of sufficient importance to
cause a call for all Republicans to be
present
The amendment was suggested by
Mr.. Smith of Missouri. not by Booher,
as has been enormously stated, and
the former offered a modification of his
own provision so as to make it read:
Nothing in this section shall en-
brace any agreements made by labor
or trade unions that shall result in or
effect the declaring of a strike or boy
colt or any efforts in the exercise OF
free speech made by such labor or
trade unions after such strike or boy
colt shall have been declared, provid-
ed that such efforts were made in
peaceable manner. and provided fur
Their, that they are made for the pur-
pose of inducing non-union persons 10
act with them and against the COM
pany or corporations against which the
strike or boycott has been declared,
even though such company or corpo-
ration be injured thereby in its prop
erty rights.
Suppressed by Court Process.
Mr.. Smith said he believed labor
unions had the lawful right TO make
contracts declaring strikes, but it had
been the experience that whenever
they did so they were barred by some
court OF equity or some legislative en-
actment for fear they might cause
some Inconvenience and annoyance to
the public. Therefore the effort of
strikers are often suppressed by some
court process. The power of capital.
he said, was so great as to minimize
and impair every effort made in that
direction.
Upon the suppOsitiOn that the Smith
amendment would be held to be I'M
constitutional. Mr.. Hughes of New
Jersey. while remarking that he was
in sympathy with it, offered the fol-
lowing substitute. which he thought
would stand the test of judicial con-
struction:
Provided, however, that it shall not
be unlawful for two or more persons
to enter an agreement to leave or re-
fuse to enter the employ of any per
son, eo-partneTship or corporation, or
TO advise. persuade or induce others to
do So
Strenuous Objections.
Strenuous opposition to both the
Smith amendment and the Hughes
substitute came from Mr. Sherley of
Kentucky, who declared, amid Repub-
liean applause that any right guar
anteed under the constitution or any
law which is violated by conspiracy or
otherwise should be punished.
What we need in America he said,
lis to teach the people to obey the law
and not TO disregard it,"
The iaboring man. he said, was en-
titled TO his rights. but" he said.
amid loud applause. "the time has not
come in this country when any class
OF men are entitled TO special rights
over any other class"
He was willing TO defend laboring
men, and had done so. but he was not
willing to be demagOgic about it, or
to make the amendment the instru-
ment of legislation that was crude and
had not been considered by commit
tee.
Mr.. Sherley became involved in a |
Continued on PAGE 2.