Evening star., 1908-01-11
THE RIGHT TO STRIKE
Lively Discussion in the House
of Representatives.
SHIRLEY-JAMES C0LLOQUY
Former Taunted With Receiving
Republican Applause.
PENAL CODE BILL CONSIDERED
Finally on Mr.. Moons Motion It IL
Decided to Shut on Debate
on the Matter.

After passing, by unanimous consent,
| several bills the House today resumed
| consideration of the bill to codify the
penal laws of the United States. At the
| close of yesterdays session the pending
| business was an amendment to section 10.
providing that in the matter of civil
rights the code shall not embrace agree
ments made by labor or trade unions to
peaceably declare strikes and boycotts,
| and it was the first point to receive at
tention today. 1t was regarded as of suf-
ficient Importance to cause a call for all
republicans to be present at today's ses-
sion.
M. Smiths Amendment.
The amendment was suggested by Mr.
Smith Of Missouri, and not by Mr.. Booher
as has been enormously stated, and at
the beginning OF the days session the
former offered a modification of his own
provision, so 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
efforts in the exercise of free speech made
By such labor or trade unions after such
strike or boycott shall have been de-
clared: provided. that such Efforts were
made in peaceable manner. and pro-
vided 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 be injured
thereby in its property rights"
In speaking to his amendment Mr.. Smith
said he believed labor unions had the
lawful right to make contracts declaring
strikes. but It had been the experience
I,ot xr.hnv khnxp U-n
barred by some court of equity or some
legislative enactment for fear they might
cause some inconvenience and annoyance
to the public. Therefore the efforts OF
court process. The power OF capital. he
sail. was so great as to minimize and Inn
pair every effort made by labor in that
direction.
Upon the supposition that the Smith
amendment would be held to be uncon-
stitutionaI. Mr. Hughes of New Jersey.
while remarking that he was in sympathy
with it. offered the following substitute,
which he thought would stand the test
Of judicial construction:
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,
co-partnership or corporation or to adj
wise, persuade or induce others to do So"
Mr.. Sherley Protests.
Strenuous opposition to both the Smith
amendment and the Hughes substitute
came from Mr.. Sherley OF Kentucky.
What we need In America" he said,
lis to teach the people TO obey the law
and not TO disregard it."
The laboring man. he said. was entitled
to his rights. but ne added, amid loud
applause, "the time has not come in this
country when any class Of men are en-
LIT Ill - @s-I ,fntSN pttx
class" He was willing to defend labor
ing men and had done 80. but he was
not willing to be demOgogic about 1t or
to make the amendment the instrument
of legislation that was crude and had
not been considered by committee.
Mr. Sherley became involved in brief
colloquy with his colleague. Mr.. James,
who said that district judges had fire.
quently decided against labor unions.
And circuit courts OF appeals have re-
versed district judges" responded Mr..
Sherley.
"And laboring men are kept in jail until
those courts are reversed" retOrted Mr.
James. amid democratic applause
Mr.. Sherley Tainted.
Derislve laughter came from the repub-
lican side when Mr.. Sims of Tennessee in
quired of Mr.. Sherley how 1t happened
that he was talking on the democratic
sue dHO SCttlu6 dQplduoS Oh SHS IcQuUu~
can side.
Sherley reoudiated the suggestion that
he was antagonistic to the ma jority of his
own side of the House. He declared that
an investigation would disclose that he
was in accord with the democratic party
upon those matters that relate to the
real rights of the laboring man.
Mr. Mccall of Massachusetts, favored
striking out the whole section. while
Messrs. Hackney of Missouri and Cock
ran of New York declared in favor of
specific legislation on the subject.
Mr.. Moon, Pennsylvania, protested
against any amendments to organic law
as covered by the bill. and moved to shut
of debate in ten minutes.
This aroused the opposition Of the demo-
Gratis. who forced division of the House,
and then vote by tellers, which resulted
favorably to Mr.. Moons motion. III 10
90.