El Paso herald. (El Paso, Tex.) 1901-1931, 1917-05-10
P|CKETING'
LAW PASSES
Council Hears Protests
From Labor Leaders,
But Fixes Penalties.

over the protest of ". J. Moran
and other labor leaders OF FL Paso
the city council Thursday morning
passed an ordinance under the emer-
gency clause, making it unlawful for
any person. firm or corporation to
picket or cause "picketing'' to be
done upon the streets or sidewalks Of
the city.
This ordinance came up for consid-
GRAFTON last Thursday. when AIr.
Moran and other labor leaders APP
peared and protested against its
passage. 1t was the contention at
that time. and still is OF the labor
leaders. that such an ordinance is I'M
constitutional. The labor organiza-
tons intend making test case OF the
ordinance just as soon as one Of their
piclzets is arrested for violating the
law. it was said.
ViOIators Subject To Fine.
This ordinance provides the penalty
OF a misdemeanor for violation and
the person found guilty is subject to
fine OF not more than $500. The
ordinance was drawn by city attorney
J. H McBrOom and specifies that
person is guilty OF its violation who
walks back and forth in front OF
business house for the purpose OF
persuading any person or persons,
either by words spoken. signs made
or carried. from entering the place
o. business.
Hold Ordinance Constitutional.
When the council met there wers
more than 20 representatives of labor
Organizati ons in the city seated in the
council chamber. Mayor Charles
Davis stated that this was the day
for acting on the 'picketing" or
dinance under the emergency clause
He stated that city attorney Nc
Broom had consulted with a number
Of prominent attorneys Of the city as
to the constitutionality of the or
dinance and they held it was consti-
tutional.
Attorney L 4. Dale, representing
the labor unions. delivered a lengthy
address in which he held the pro-
posed ordinance was. in his opinion.
unconstitutional and that in all
events its constitutionality was a
question OF doubt in the opinion OF
legal profession
Cites Oklahoma Case.
Mr.. Dale said that the penal code
of the state of Texas provided that
the labor unions had the right to act
in such matters providing they were
peaceful and lawful. He cited a case
in Oklahoma City where a picket was
arrested for violating an ordinance
something similar to the one pro-
posed by the council and held uncon-
stitutionaI by the supreme court Of
oklahoma
Refers To California Decision
Attorney McBroom. in replying tol
Mr. Dale, said that a case almost
identically similar to that of Okla
homa was held by the supreme court
of California constitutional He said
it was his Judgment and the Judgment
OF two of the most able attorneys in
FL Paso whom he consulted that the
ordinance was constitutional
Says ADon't Choke Under Dog"
Mr.. Moran spoke against the pass
age OF the proposed ordinance. He
said that "the under dog should not
be choked" and that while he was not
versed in legal technicalities he knew
what was right and just for the labor |
men.
Mayor Davis then asked council
what action II would take on the mat
ter and upon motion of alderman ".
c. Jolly and seconded by alderman
Frank B. Simmons the ordinance was
passed without a dissenting vote.
VIII Make Test Case.
After the council had recessed Mr..
Moran, when asked what the labor
made the following statement to The
Herald reporter:
I'VE will make a test case out OF il.
II will be brought before the Amer
can Federation Of Labor. Just as soon
as a picket is arrested il will be
carried to the supreme court We will
give FL Paso some good advertising
1ut OF this"
The members OF the labor unions
we're very much dissatisfied at the
action taken by council. their repre-
ientatives said.
Regulates Arms Sale.
Under the emergency clause the
council passed an ordinance regulat-
ng dealers in the sale of fire arms,
ammunition and other explosives
This ordinance makes il unlawful for
dealer or firm to sell fire arms,
ammunition and other explosives
Without first obtaining a city license
I yearly fee Of 81.
The ordinance specifies that the
ouncil has the right TO demand
roof OF the good character and repu- j
alton Of persons or firms selling !
UGH articles and states that they
must be loyal American citizens. The /
Iealer or dealers must keep a list OF /
purchasers and a description Of them.
he sale prices and their places Of