El Paso herald. (El Paso, Tex.) 1901-1931, 1913-05-03
Labor and the Trust Law.

same.
Labor and the Trust Law.
The debate on the sundry civil ap-
propriatiOn bill Is on, and it cenLers
upOn the provision eXempting labor
unions from the operation of the Sher-
man anti trust act Items apprOprlat-
ing money for this and that purpose are
forgotten for the time beng, and labor
as an oppressed or as a privileged
class is the topic of the hour. In the
course of the discussion there Is q great
variation in opinion as to the intent Of
the tutors of the law Did they or did
they not mean that labor unions and
farmer organizations should not be
persecCted2
The Intent OF Senator sherman
A glance into the history. of the pass
ing of this important act discloses
some interesting things
The sherman bill was presented to
the senate on Feb. Is, 1890. Senator
Sherman rose in his seat and offered
an amendment. In Offering 1t he said
Il take this provision from the amend
ment proposed by the senator from
Mississippi Mr.. George do not think
it necessary, but, at the same time, to
avoid any confusion. submit 1t to
come at the end OF the first section"
The amendment was as follows:
Provided that this act shall not be
construed to apply to any arrange
mentS, agreements or combinations be-
tween the labOrers made with a view
Of lessening the hours Of labor or the
increasing Of their wages; nor to any
arrangements, agreements, or combine
lions among persons engaged In EOrrl-
culture or agriculture, made with
view of enhancing the price of agri-
cultural or horticultural products
The bill including this amendment
soon after came TO q vote The yeas
We're 81. the nays IS. ana the measure,
thus enlarged and made specific by the
exemption of labor unions and farmers
organizations, went to the committee on
the judiciary. On the ID on April the
bill was reported out Of the committee
without the amendment and in the IN
amended form 1t was passed. OF this
action president Samuel GOmpers Of the
American Federation of Labor says
Though at the time we doubted the
wisdom of that amendment being
omitted. we Were assured by several
that under the reconstructed bill, labor
and agricultural organizations were
not included"
This assurance. however. appeared to
be i'll judged, because, as il is well
known. labor unions have been prose
cuted under the Sherman act for sew
eral years But the records show con-
clUsively that the intent of the author
of the bill as well as Of some OF its
was that labor unions should
be exempted.
Senator HOur Advocates Labor
Senator HOar Of Massachusetts,, a
member of the committee on the judic-
larry which framed the bin. gave utter
7nce to the following before the 31-&
vote was taken;
1T seems to me-" he said. that there
is a very broad distinction which. If
borne in mind will warrant not only
this exception TO the provisions of the
DILL but a great deal of other legis-
latiOn which We enact or attempt to
enact relating to the matter OF labor
" hen you are providing 10 regulate
the transactions Of men who are making
ducts, specUlating- or when they are
lawfully dealing with them without
speculation, YOU are aiming at mere
commercial transaction. the beginning
OF the end of which is the making Of
money for the parties and nothing else
That is the only relation that trans
action has to the state. that is. the crea-
ton or division of much of the owner
shin OF the wealth of the community
But when the laborer is trying TO
raise his wages, or IN endeaVOring to
shorten the hours of his labor, he is
dealing with something that touches
closely. more closely than anything else
the government and the character Of
the state itself The labOrer who IS en-
gagged lawfully and usefully and ac-
composites his purpose in whole or IN
part, endeavoring to raise the standard
of wages, is engaged in the occupation
the success OF which makes the re-
publican government itself possible,
and without which the republic cannot
alton, continue to exist"
The A. +. of L. Active
It so happens that these words eN-
press precisely the view which is held
by the American Federation Of Labor,
the leader in the campaign for the
It is a matter Of interest
that this amendment was first offered
in the last congress by representative
". 3. Wilson, now the presidents ad-
wiser on labor matters in the cabinet.
The labor people in Washington re-
gard the exemption rider to the sundry
civil bill as a restoration Of the orig
inal intent Of the law, not as essentially I
new legislation They point out that
labor unions are amenable under other
laws for their misdeeds, either through
heir officers or else through their z
corporate organization, and they urge
that since there is no labor trust IL is z
bsurd to enforce a measure against :
labor intended TO break NJ industrial I
trusts and mOnOpOlies. They argue, I
further, that if the Sherman law were 1
amended as Mr. Brandeis and Mr.. La 1
seem to belive that it ought to be I
lmended, namely. by specifying Ger I
tain practices as Illegal, then it might /
logically apply to the unions. But the I
abor people fail to see the justice Of 4
NJ Taft's veto. and are looking for
ward with confidence to the passage OF 3
The exemption by the Democratic ad- /
whose national platform I
declares that there should be no I
srs and producers to. organize for the 4
protection Of wages and Improvement !
IF labor conditions to the end that
such labor organizations and their I
should not be regarded as il