Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-12-28
LABOR INJUNCTION BILL.
TERMED FOE OF TYRANNY
Senator Brookhart. Explains Provisions
of Proposed Measure in Radio
Forum Address.

pointed reasons for its enactment.
The bill provides that no court Of
the United States shall have jurisdic-
ton to issue any restraining order or
temporary or permanent injunction in
case involving or growing out OF a
labor dispute, except in strict conform1-
ty with the provisions OF the act.
Section Of the proposed act I'M
dertakes to interpret and to determine
the Jurisdiction and authority OF the
courts In these matters. It declares:
Whereas under prevailing economic
conditions, developed with the aid Of
governmental authority for owners OF
property to organize in the corporate
and other forms Of ownership asSocia-
ton, the individual unorganiZed worker
Is commonly helpless to exercise actual
liberty of contract and to protect his
freedom Of labor, and thereby to obtain
acceptable terms and conditions Of en-
ployment, wherefore 1t Is necessary that
he have full freedom Of association,
self denomination, and designation Of
representatives of his own choosing, 10
negotiate the terms and conditions OF
his employment, and that he shall be
free from the interference, restraint, or
coercion Of employers Of labor, or their
agents, in the designation of such rep
resentatives or in self organization or
in other concerted activities for the
purpose Of collective bargaining or
other mutual aid or protection; there
fore, the following definitions OF, and
limitations upon, the Jurisdiction and
authority of the courts Of the United
States are hereby enacted"
The act, after this declaration OF
principles, strikes directly at contracts
like the so-called yellow dog" con-
tracts, which have been used in coal
mining communities to prevent the or
ganization Of the miners into unions.
It provides any undertaking or promise,
such as described in this section, or any
other undertaking or promise in con-
f1ict with the public policy declared in
section 2 Of this act, Is hereby declared
to be contrary to the public policy of
the United States, shall not be enforce
able and shall not afford any basis for
the granting of legal or equitable re-
lief by any court of the United States,
including specifically the following:
Every undertaking or promise here
after made, whether written or oral,
express or implied, consisting or con-
tanned in any contract or agreement of
hiring or employment between any
individual, firm, company, association
or corporation and any employee or pro-
spective employe of the same, whereby
Either party to such contract or
agreement undertakes or promises not
to join, become, or remain a member of
any labor organization or of any en-
ployer organization; or
Either party to such contract or
agreement undertakes or promises that
he will withdraw from an employment
relation in the event that he joins, be-
comes, or remains a member of any
labor organization or Of any employer
organization.
Certain Rights Preserved.
Section declares that no court of
the United States shall have jurisdic-
ton to issue any restraining order or
temporary or permanent injunction in
cases involving or growing out Of any
labor dispute to prohibit any person or
persons participating or interested in
such dispute Gas these terms are herein
deflned) from doing, whether singly or
in concert, any of the following acts:
Ceasing or refusing to perform any
work or to remain in any relation OF
employment;
Becoming or remaining member Of
any labor organization or of any en-
ployer organization, regardless OF any
such undertaking or promise as Is de-
scribed in section Of this act;
Paying or giving to, or Withholding
from, any person participating or inter
ested In such labor dispute any strike
or unemployment benefits or insurance
or other moneys or things of value;
BY all lawful means aiding any person
participating or interested in any labor
dispute who Is being proceeded against
in, or is prosecuting, any action or suit
in any court of the United States or of
any State;
Giving publicity to the existence Of, or
the facts involved in, any labor dispute;
ganized to act in promotion OF their in
terestS in labor dispute;
Advising or notifying any person of
an intention to do any Of the acts here
tofore specified:
Agreeing with other persons to do or
not to do any of the acts heretofore
specified: and
Advising, urging, or inducing without
threat, fraud, or violence the acts here
tofore specified, regardless of any such
undertaking or promise as Is described
in section 3 Of this act.
In section 1t Is provided that no
court Of the United States shall have
Jurisdiction 70 issue restraining order
VI VI PCALldAlCAlb
upon the ground that any of the per-
sons participating or interested In
labor dispute constitute or are engaged
in an unlawful combination or conspir-
acy because of the doing in concert Of
the acts enumerated In section Of this
act
Specific provision Is made in section
6 Of the act that no officer or member
Of any association or organization, and
no association or organization partici-
pating or interested in a labor dispute,
shall be held responsible or liable in
any court of the United States for the
unlawful acts of individual officers,
members, or agents. except upon clear
proof of actual participation in, or
actual authorization Of, such acts, or of
ratification Of such acts after actual
knowledge thereof.
Must Hear Witnesses.
No court of the United States shall
have Jurisdiction to issue a temporary
or permanent Injunction in any case
involving or growing out Of labor dis
pute, as herein defined, except after
hearing the testimony of witnesses in
open court with opportunity for cross
examination) in support of the allega-
tons of a complaint made under oath,
and testimony in opposition thereto, If
RESORTS.