ANTI-INJUNCTION AND RESTRAINING ORDERS. [H. R. 4445, Fifty-ninth Congress, first session.] A BILL to limit the meaning of the word "conspiracy," and the use of injunctions and restraining orders in certain cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no agreement, combination, or contract by or between two or more-persons to do or procure to be done, or not to do or procure not to be done, any act in contemplation or furtherance of any trade dispute between employers and employees in the District of Columbia or in any Territory of the United States, or between employers and employees who may be engaged in trade or commerce between the several States, or between any Territory and another, or between any Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States or foreign nations, shall be deemed criminal, nor shall those engaged therein be indictable or otherwise punishable for the crime of conspiracy, if such act committed by one person would not be punishable as a crime, nor shall such agreement, combination, or contract be considered as in restraint of trade or commerce, nor shall any restraining order or injunction be issued with relation thereto. Nothing in this act shall exempt from punishment, otherwise than as herein excepted, any persons guilty of conspiracy for which punishment is now provided by any act of Congress, but such act of Congress shall, as to the agreements, combinations, and contracts hereinbefore referred to, be construed as if this act were therein contained. [H. R. 9328, Fifty-ninth Congress, first session.] A BILL to regulate the granting of restraining orders in certain cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in cases involving or growing out of labor disputes neither an injunction nor a temporary restraining order shall be granted except upon due notice to the opposite party by the court in term, or by a judge thereof in vacation, after hearing, which may be ex parte if the adverse party does not appear at the time and place ordered: Provided, That nothing herein contained shall be held to authorize the issuing of a restraining order or an injunction in any case in which the same is not authorized by existing law. [H. R. 17975, Fifty-ninth Congress, first session.] A BILL in relation to contempts of court. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That contempts of court committed during the sitting of the court, or of a judge at chambers, in its or his presence or so near thereto as to obstruct the administration of justice, are direct contempts. All other are indirect contempts. 3 SEC. 2. That a direct contempt may be punished summarily without written accusation against the person arraigned, but if the court shall adjudge him guilty thereof, a judgment shall be entered of record in which shall be specified the conduct constituting such contempt, with a statement of whatever defense or extenuation the accused offered thereto and the sentence of the court thereon. SEC. 3. That upon the return of an officer on process or an affidavit duly filed, showing any person guilty of indirect contempt, a writ of attachment or other lawful process may issue and such person be arrested and brought before the court; and thereupon a written accusation, setting forth clearly and succinctly the facts alleged to constitute such contempt, shall be filed and the accused required to answer the same, by an order which shall fix the time therefor, and also the time and place for hearing the matter; and the court may, on proper showing, extend the time so as to give the accused a reasonable opportunity to purge himself of such contempt. After the answer of the accused, or if he refuse or fail to answer, the court may proceed at the time so fixed to hear and determine such accusation upon such testimony as shall be produced. If the accused answer, the trial shall proceed upon testimony produced as in criminal cases, and the accused shall be entitled to be confronted with the witnesses against him; but such trial shall be by the court, or, upon application of the accused, a trial by jury shall be had as is any criminal case. If the accused be found guilty, judgment shall be entered accordingly, prescribing the punishment. SEC. 4. That the testimony taken on the trial of any accusation of indirect contempt may be preserved by bill of exceptions, and any judgment of conviction therefor may be reviewed upon direct appeal to, or by writ of error from, the Supreme Court, and affirmed, reversed, or modified, as justice may require. Upon allowance of an appeal or writ of error, execution of the judgment shall be stayed, upon the giving of such bond as may be required by the court or a judge thereof, or by any justice of the Supreme Court. SEC. 5. That the provisions of this act shall apply to all proceedings for contempt in all courts of the United States except the Supreme Court. [H. R. 17976, Fifty-ninth Congress, first session.] A BILL in relation to granting restraining orders and injunctions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no writ of injunction or temporary restraining order shall be granted in any case without reasonable previous notice to the adverse party, or his attorney, of the time and place of moving for the same: Provided, That nothing herein contained shall be held to authorize the issuance of any injunction or restraining order not now authorized by law. [H. R. 18171, Fifty-ninth Congress, first session.] A BILL To regulate the issuance of restraining orders and injunctions and procedure thereon, and to limit the meaning of "conspiracy" in certain cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no restraining order or injunction shall be granted by any court of the United States, or a judge, or by the judges thereof, in any case between an employer and an employee, or between employers and employees, or between employers, or between employees, or between persons employed to labor and persons seeking employment as laborers, or between persons seeking employment as laborers, or involving or growing out of a dispute concerning terms or conditions of employment, except upon at least five days' personal notice to the person or persons against whom such restraining order or injunction is applied for, definitely and specifically naming and describing each and every person and act sought to be restrained or enjoined; nor shall any such order or injunction be granted unless necessary to prevent irreparable injury to property, or to a property right, of the party making the application, for which injury there is no adequate remedy at law, and such property or property right must be particularly described in the application, which must be in writing and sworn to by the applicant, or by his, her, or its agent or attorney. And for the purposes of this act no mere right to continue the relation of employer and employee, or to assume or create such relation, with any particular person or persons, or at all, or to carry on business of any particular kind, or at any particular place, or at all, shall be construed, held, considered, or treated as property, or as constituting a property right. SEC. 2. That in cases arising in the courts of the United States or coming before said courts, or before any judge or the judges thereof, no agreement between two or more persons concerning the terms or conditions of employment of labor, or the assumption or creation or termination of any relation between employer and employee, or concerning any act or thing to be done or not to be done with reference to or involving or growing out of a labor dispute, shall constitute a conspiracy or other criminal offense or be punished or prosecuted as such, nor shall the carrying out of any such agreement be restrained or enjoined unless the act or thing agreed to be done or not to be done would be unlawful if done by a single individual, nor shall the carrying out of any such agreement be restrained or enjoined unless such act or thing when done would be of the character described in the first section of this act. SEC. 3. That all acts and parts of acts in conflict with the provisions of this act are hereby repealed. [H. R. 18446, Fifty-ninth Congress, first session.] A BILL to regulate the issuance of restraining orders and injunctions and procedure thereon and to limit the meaning of "conspiracy" in certain cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no restraining order or injunction shall be granted by any court of the United States, or a judge or the judges thereof. in any case between an employer and an employee, or between employers and employees, or between employees, or between persons, or between persons employed to labor and persons seeking employment as laborers, or between persons seeking employment as laborers, or involving or growing out of a dispute concerning terms or conditions of employment unless necessary to prevent irreparable injury to property or to a property right of the party making the application, for which injury there is no adequate remedy at law, and such property or property right must be particularly described in the application, which must be in writng and sworn to by the applicant or by his, her, or its agent or attorney. And for the purposes of this act no mere right to continue the relation of employer and employee or to assume or create such relation with any particular person or persons, or at all, or to carry on business of any particular kind or at any particular place, or at all, shall be construed, held, considered, or treated as property or as constituting a property right. SEC. 2. That in cases arising in the courts of the United States or coming before said courts, or before any judge or the judges thereof, no agreement between two or more persons concerning the terms or conditions of employment of labor, or the assumption or creation or termination of any relation between employer and employee, or concerning any act or thing to be done or not to be done with reference to or involving or growing out of a labor dispute shall constitute a conspiracy or other criminal offense or be punished or prosecuted as such unless the act or thing agreed to be done or not to be done would be unlawful if done by a single individual, nor shall the entering into or the carrying out of any such agreement be restrained or enjoined unless such act or thing agreed to be done would be subject to be restrained or enjoined under the provisions, limitations, and definition contained in the first section of this act. SEC. 3. That all acts and parts of acts in conflict with the provisions of this act are hereby repealed. [H. R. 18752, Fifty-ninth Congress, first session.] A BILL to regulate the issuance of restraining orders and injunctions and procedure thereon and to limit the meaning of "conspiracy" in certain cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That no restraining order or injunction shall be granted by any court of the United States, or a judge or the judges thereof, in any case between an employer and an employee, or between employers and employees, or between employees, or between persons employed to labor and persons seeking employment as laborers, or between persons seeking employment as laborers, or involving or growing out of a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable injury to property or to a property right of the party making the application, for which injury there is no adequate remedy at law, and such property or property right must be particularly described in the application, which must be in writing and sworn to by the applicant or by his, her, or its agent or attorney. And for the purposes of this act no right to continue the relation of employer and employee or to assume or create such relation with any particular person or persons, or at all, or to carry on business of any particular kind, or at any particular place, or at all, shall be construed, held, considered, or treated as property or as constituting a property right. SEC. 2. That in cases arising in the courts of the United States or coming before said courts, or before any judge or the judges thereof, no agreement between two or more persons concerning the terms or conditions of employment of labor, or the assumption or creation or termination of any relation between employer and employee, or concerning any act or thing to be done or not to be done with reference to or involving or growing out of a labor dispute shall constitute a conspiracy or other criminal offense or be punished or prosecuted as such unless the act or thing agreed to be done or not to be done would be unlawful if done by a single individual, nor shall the entering into or the carrying out of any such agreement be restrained or enjoined unless such act or thing agreed to be done would be subject to be restrained or enjoined under the provisions, limitations, and definition contained in the first section of this act. SEC. 3. That all acts and parts of acts in conflict with the provisions of this act are hereby repealed. COMMITTEE ON THE JUDICIARY, The committee met at 11 o'clock a. m., Hon. John J. Jenkins (chairman) in the chair. The CHAIRMAN. Gentlemen, the committee will be in order. Mr. Fuller will take charge of the gentlemen who are to speak in favor of the bill, and Mr. Parsons will look after those who are in opposition to it, and I believe Mr. Fuller desires to speak now. STATEMENT OF MR. H. R. FULLER, LEGISLATIVE REPRESENTATIVE OF THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS, BROTHERHOOD OF LOCOMOTIVE FIREMEN, ORDER OF RAILWAY CONDUCTORS, AND BROTHERHOOD OF RAILROAD TRAINMEN. Mr. FULLER. Mr. Chairman and members of the committee, I will speak with reference to House bill 9328. It is entitled "A bill to regulate the granting of restraining orders in certain cases," and reads: That in cases involving or growing out of labor disputes neither an injunction nor a temporary restraining order shall be granted except upon due notice to the opposite party by the court in term, or by a judge thereof in vacation, after hearing, which may be ex parte, if the adverse party does not appear at the time and place ordered: Provided, That nothing herein contained shall be held to authorize the issuing of a restraining order or an injunction in any case in which the same is not authorized by existing law. The question of Congressional legislation to limit or define the power of Federal courts in issuing injunctions in labor disputes has within the last ten years been before Congress in three different forms. |