Right to Trial by Jury Established. peacefully obtaining or communicating information, or from peacefully persuading any person to work or to abstain Act such trial may be by the court, or, from working; or from ceasing to pat- upon demand of the accused, by a jury; ronize or to employ any party to such in which latter event the court may imdispute, or from recommending, advising panel a jury from the jurors then in ator persuading others by peaceful and tendance, or the court or the judge therelawful means so to do; or from paying of in chambers may cause a sufficient or giving to, or withholding from, any number of jurors to be selected and sumperson engaged in such dispute, any moned, as provided by law, to attend at strike benefits or other moneys or things of value; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall any of the acts specified in this paragraph be considered or held to be violations of any law of the United States. Regulating Contempt Cases. Sec. 21. That any person who shall wilfully disobey any lawful writ, process, order, rule, decree, or command of any district court of the United States or any court of the District of Columbia by doing any act or thing therein, or thereby forbidden to be done by him, if the act or thing so done by him be of such character as to constitute also a criminal of fense under any statute of the United States, or under the laws of any State in which the act was committeed, shall be proceeded against for his said contempt as hereinafter provided. the time and place of trial, at which time a jury shall be selected and impaneled as upon a trial for misdemeanor; and such trial shall conform as near as may be to the practice in criminal cases prosecuted by indictment or upon information. Penalty for Contempt Limited by Law. If the accused be found guilty, judgment shall be entered accordingly, prescribing the punishment, either by fine or imprisonment, or both, in the discretion of the court. Such fine shall be paid to the United States or to the complainant or other party injured by the act constituting the contempt, or may, where more than one is so damaged, be divided or apportioned among them as the court may direct, but in no case shall the fine to be paid to the United States exceed, in case the accused is a natural person, the sum of $1,000, nor shall such imprisonment exceed the term of six months: Provided, That in any case the court or a judge thereof may, for good cause shown, by affidavit or proof taken in open court or before such judge and filed with the papers in the case, dispense with the rule to show cause, and may issue an attachment for the arrest of the person charged with contempt; in which event such person, when arrested, shall be brought before such court or a judge thereof without unnecessary delay and shall be admitted to bail in a reasonable penalty for his appearance to answer to the charge or for trial for the contempt; and thereafter the proceedings shall be the same as provided herein in case the rule had issued in the first instance. Sec. 22. That whenever it shall be made to appear to any district court or judge thereof, or to any judge therein sitting, by the return of a proper officer on lawful process, or upon the affidavit of some credible person, or by information filed by any district attorney, that there is reasonable ground to believe that any person has been guilty of such contempt, the court or judge thereof, or any judge therein sitting, may issue a rule requiring the said person so charged to show cause upon a day certain why he should not be punished therefor, which rule, together with a copy of the affidavit Sec. 23. That the evidence taken upon or information, shall be served upon the the trial of any person so accused may person charged with sufficient prompt- be preserved by bill of exceptions, and ness to enable him to prepare for and any judgment of conviction may be remake return to the order at the time fixed viewed upon writ of error in all respects therein. If upon or by such return, in as now provided by law in criminal cases, the judgment of the court, the alleged and may be affirmed, reversed, or modicontempt be not sufficiently purged, a fied as justice may require. Upon the trial shall be directed at a time and place granting of such writ of error, execution fixed by the court: Provided, however, of judgment shall be stayed, and the acThat if the accused, being a natural per- cused, if thereby sentenced to imprisonson, fail or refuse to make return to the ment, shall be admitted to bail in such rule to show cause, an attachment may reasonable sum as may be required by issue against his person to compel an the court, or by any justice, or any judge answer, and in case of his continued fail- of any district court of the United States ure or refusal, or if for any reason it be or any court of the District of Columbia. impracticable to dispose of the matter on the return day, he may be required to give reasonable bail for his attendance at the trial and his submission to the final judgment of the court. Where the accused is a body corporate, an attachment for the sequestration of its property may be issued upon like refusal or failure to answer. Sec. 24. That nothing herein contained shall be construed to relate to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States, but the Sparks. A bound volume of the Locomotive Firemen and Enginemen's Magazine will be sent prepaid to any point in the United States for $3.00, or to Canada and MexSec. 25. That no proceeding for con- ica for $4.00, subject to duty. The uptempt shall be instituted against any per- to-date matter it contains on the locomoson unless begun within one year from tive and its latest improvements is worth the date of the act complained of; nor shall any such proceeding be a bar to any many times that amount to you. Send criminal prosecution for the same act or remittances to John F. McNamee, Editor acts; but nothing herein contained shall and Manager, Traction Terminal Buildaffect any proceedings in contempt pend- ing, Indianapolis, Ind. ing at the time of the passage of this Act. All letters sent to the Magazine office must bear the signature of the writer. We have no time to give attention to anonymous communications. Attempts have been made in certain "Sparks and Cinders," a book of excelpolitical quarters to minimize the value lent poems by Brother Killingsworth, can of the above provisions to wage-earners, be secured for $1.25 a copy. Send remitand it is asserted that the enactment is tances by express or postal money order only a "sop," and nothing but a legisla- to J. A. Killingsworth, St. Thomas, Ont., tive declaration of the law as it is now Canada. administered. In view of the fact, however, that as a rule this claim emanates from those who oppose the legislation even as it has been adopted, the statements cannot be given much credence, especially when the bill was framed and urged by those who have been our friends in the past, and is designated by them as a substantial "bill of rights for labor." The Cummins clause, "That the labor of a human being is not a commodity or article of commerce," standing alone sounds like an Emancipation Proclamation to those who have been treated as industrial slaves under existing law. The provisions are drawn to strip the great and powerful combinations and corporations of this country of the power they have had to use the courts of the United States in enforcing unconscionable pro- appearing elsewhere in this issue entitled, ceedings against labor organizations and "A Word from the General Medical Exthe members thereof; and it is confi- aminer to Claimants and Lodges-Impordently expected that the enlightened tant Requirements that Must be Obhigher courts of the country will give the served." new enactment of the Congress an interpretation that will in deed liberate labor from the perverted Sherman Anti-Trust law and the tyranny of certain inferior judges. We urgently request that recording secretaries upon receiving a lodge mailing list for correction do not make up a new list but instead make all necessary changes on the list sent them from the Magazine office, adding thereto the names and addresses of members of their lodge that do not appear thereon and return same to us. Claimants-Important! Read article Inasmuch as lodge mailing lists are sent to recording secretaries for correc tion in accordance with instructions of the Twenty-sixth (Washington) Convention, all brothers should advise the recording secretary of their lodge immediately of their change of address. Adelbert Clark, can be secured for $1.00 per copy. Remit to Adelbert Clark, Lakeport, N. H. The railroad man who needs help in familiarizing himself with the electric headlight will find the vest-pocket edition of the "Catechism of the Electric Headlight," containing supplement on the Pyle National Equipment "E" with folders a veritable "storeroom" of knowledge on that subject. read notice appearing at the head of the Brotherhood Department before sending matter to the Magazine office for publication. Twelve colored charts of the No. 6 ET Locomotive Brake Equipment in its various operative positions, together with printed descriptive matter, may be secured for thirty cents. Send remittances to John F. McNamee, Editor and ManaIt costs but fifty cents. ger, Traction Terminal Building, IndiaSend remittances to John F. McNamee, napolis, Ind. Editor and Manager, Traction Terminal Building, Indianapolis, Ind. Brothers who have been members of the "Tried and True" continuously for twenty-five years are entitled to one of the twenty-five-year lapel buttons provided for by the Twenty-sixth Convention (Washington, D. C.). Apply to Brother A. H. Hawley, General Secretary and Treasurer, Peoria, Ill., for same. As the Directory is corrected up to the 10th of February, May, August and November, all notifications of changes of address, etc., to appear in the Directory should be in the hands of the General Secretary and Treasurer not later than the first of the months named. Send us four cents in postage and we will forward you a copy of the beautiful Magazine souvenir of the Twenty-sixth Convention. Remember, brothers, that it is the duty of all of us to do our part in organizing the men of our craft. Keep a few application blanks constantly in your pocket and ready to hand to the first nonBrotherhood man you meet who is eligible to join the ranks of the "Tried and True." Many of them are simply waiting for just such an opportunity. A piping diagram of the LT Automatic Control Equipment may be secured for ten cents. Send remittances to John F. McNamee, Editor and Manager, Traction Terminal Building, Indianapolis, Ind. Write John F. McNamee, Editor and Manager Traction Terminal Building, Indianapolis, Ind., for information relative to soliciting subscriptions for our Magazine. All members, particularly claimants, should read with care article appearing elsewhere in this issue entitled, "A Word from the General Medical Examiner to Claimants and Lodges-Important Requirements that Must be Observed." Anyone desiring back copies of the Magazine from April, 1909, to January, 1914, kindly communicate with Bro. W. M. Weiland, Villa Grove, Ill. Be sure to notify the Editor and Manager promptly when you change your address and thus insure the Magazine reaching you regularly. There may be something of special interest and importance in one particular issue that fails to reach you on account of negligence on your part to advise us of your new address. Although the Magazine is being printed at Columbus, Ohio, the editorial offices are still located at Indianapolis, Ind., and all communications should be addressed to us at Indianapolis. Brothers, always keep a few application blanks on hand so that you can give one to any non-Brotherhood fellow worker you may meet who is eligible to membership in the "Tried and True." Don't forget to drop the Magazine office a postal card when changing your address so that you will receive the Magazine regularly each month. The Editor and Manager is very desirous that each and every member receive his Magazine regularly as issued. Be sure to impress upon that nonBrotherhood fireman of your acquaintance that membership in the Brotherhood means that his wife and children or other dependents will be protected against Every member is requested to carefully want in case of his death. www FROM THE GENERAL SECRETARY AND TREASURER Occupation of New Members. date, be sure that you go to the polls and vote against the enactment of this amendment. Michigan will have to pay all of the death losses that occur in that State. You should call to the attention of all of your friends the fact that you have an interest in a large beneficiary fund now held in the Grand Lodge office, and if this We are experiencing a great deal of trouble in having local medical examiners place the occupation of all applicants for If this amendment is carried, it will membership on the application for practically put our organization out of beneficiary certificate. It must be under- business in the State of Michigan, and stood that no one is eligible to member- if it does, the members of the State of ship unless employed, as stated in Article Sixteen, Section 4, "Qualifications of Applicants," in the Constitution, and it is absolutely necessary that this office know the occupation of every applicant. In fact we cannot refer the application for beneficiary certificate to the General amendment is carried you will lose all of Medical Examiner unless the occupation is given. It should be the duty of every recording secretary and every local organizer before forwarding the application for beneficiary certificate to this office to be sure that the occupation of the applicant is given. I suggest that recording secretaries notify their local medical examiners that it is just as necessary for this part of the application to be filled out as it is for any other part. The application for beneficiary certificate must be filled out in its entirety, otherwise the same cannot be passed upon by the General Medical Examiner. the interest you have in that fund and none of it can be used to pay death and disability claims in your State. Be sure and go to the polls on November 3d and vote "NO" on this amendment. Issuing Receipts. It seems that some of our financial secretaries still continue to issue official receipts to expelled members before notices of the readmission of these expelled members are received. This is strictly against the provisions of the Constitution and is continually getting the organization into difficulties. I urge upon all financial I trust that all who have anything to secretaries to withhold the official receipt do with the applications for beneficiary of an expelled member until such time as certificate will make it a point to see he receives notice from this office that the that this particular feature is taken care member is readmitted. I have treated on of, and recording secretaries must be sure and place the date of initiation, and local organizers when obligating an applicant must be sure to put a paster on the front of applications for beneficiary certificates showing the exact date of obligation. this subject many times and yet information comes to this office that little attention is being paid to that part of the law, but on the other hand, a receipt is given no matter when the member pays. A member knows that he is not entitled to an official receipt after having failed to pay his assessments on time, and having Attention, Michigan Members. failed to pay on time, he should not hesiYou have received a copy of the circu- tate, if he desires to be readmitted, to lar sent out from this office with refer- pay his money to the financial secretary ence to the proposed amendment to the and wait until notice of his readmission Constitution of your State, which is to is received before expecting to get his ofbe voted on November 3d. I urge every ficial receipt. member in the State of Michigan to see J. P. B. Assessments. that he gets to the polls and casts his vote against this amendment. Brothers, On several occasions I have treated on if you do not vote for anything else, or if the subject of members liable for Joint you do not desire to vote for any candi- Protective Board assessments, but in |