Evening star., 1932-02-25
YELLOW DOG PACT
? CHARGED TO D. c.
Contract Is Identical With
PoIice-Firemen Agreement,
Committee Hears.

The yellow dog" contract, which
Congress is asked to outlaw in the
Norris-La Guardia anti-injunction bill,
Is identical with the agreement which
Congress has required from its own
police and flremen as a condition OF
entering public employment in the Dis
trict of Columbia" the House Judiciary
Committee was told today by James A.
Emery, counsel for the American Manu-
facturers' Association.
Emery and Alfred P. Thorn, counsel OF
the Association of Railway Executives,
appeared in opposition to the measure.
Labor Favors Bill.
Two representatives OF labor testi-
fed in favor of the bill. disputing the
contention Of counsel for the associated
employers that Congress does not have
the right to curtail the power of the
courts to the degree the anti-injunction
bill would limit it.
The labor representatives, who testi-
= just before the Senate began hear
ing on the bill. was Donald r. Rich
berg, counsel for the Railroad Labor
Executive Association, and James S.
EaSby-Smith, counsel of the American
Federation of Labor
The legislation to outlaw the yellow
dog" contracts was said to be uncon-
stitutional in the Senate today by Sen
ator Hebert. Republican. Of Rhode Is
land, in offering substitute for the
Norris bill.
Hebert agreed with proponents Of the
Norris bill that abuses have resulted
from the issuance of injunctions in
labor disputes, but contended some
provisions of the measure would not
stand the test of constitutionality and
therefore will result in mere gesture.
Offers a Substitute.
He offered on behalf Of o minority
of the Judiciary Committee a bill con-
tanning as substitute to the Norris
clause outlawing contracts under which
employees must agree not to join labor
unions, a proposal that merely would
prevent issuance Of injunctions in labor
disputes wherever these yellow dog"
contracts were in effect.
"a provision which would deny in
junctive relief upon the existence of
such contracts" he contended. would
afford full remedy to employees against
any injustice done them in labor dis
putes and at the same time would prob
ably not be open to serious constitution
al objections"
Hebert - this would prove salts
factory to every one"
1T will relieve the laboring man
from the injustices which grow out Of
that form of contract which is so OBJ
noxious to American citizens" he said.
1T will remove the we'll founded OBJ
jections to some Of the injunctive
processes which have been issued in
the past in labor disputes; 1t will deny
to courts the right to legislate by in
junction, as it is claimed they have
done, and will afford to every citizen
the right Of trial by jury guaranteed
him by the Constitution.
OF the Norris proposal he said: "In
my opinion this form of agreement de-
prives by coercion employees OF the right
of free association with their fellows
and takes away from them the oppor-
tunity to deal on basis of equality
with those by whom they are employed.
But however distasteful they may be
to us ., the fact remains that the
Supreme Court of the United States in
three cases has held that there is no
legislative power, State or Federal, to
inhibit or outlaw employment contracts
providing against union membership"
Senator Blaine, Republican, of Wis
consin, told the Senate yesterday the
use Of injunctions in labor disputes
has "a direct tendency to undermine
the very foundation Of our Govern
ment" q
The Wisconsin Senator charged in
functions often are used as means
of coercion. He insisted remedy
should be provided by Congress. As an
example, he said, an injunction granted
in the Chicago railroad shopmen's strike
of 1922 was las severe a one as possibly
could be conceived"
This injunction was issued by Fed
eral Judge James H. Wilkerson, whose
nomination to the Circuit Court is
pending before a Judiciary subcommit-
tee Of which Blaine is member.
Richberg Contention.
Before the House Committee. Rich
berg said there was no question of
Congress authority to state in the bill
that 1t is the public policy of the
United States to recognize the right of
labor to organize and negotiate con-
tracts.
Emery argued that the bill "seri-
ously impairs the authority of the
Government of the United States to
enter its own courts or to secure their
aid for the exercise of its powers and
enforcement of the law. not only in
labor cases but many others"
TT arbitrarily strips private suitors
Of all effective remedy in equity in the
course Of labor controversies. and de
nies due process of law under the re-
peated decisions Of the Supreme Court"
he said.