the proper legal advice he might have been found not guilty." What, forsooth, is the duty of a prosecuting attorney? Is he merely to prosecute, to use all of his skill and legal ability to obtain convictions, irrespective of whether the State accords justice or injustice? Is he intrusted with power and responsibility merely to win his case, or to see to it that the people's courts do justice to one and all? One of the lawyers for the State denounced the leading counsel for the defense because he was professionally associated with those charged with the dynamiting conspiracy and because he pleaded their case. If the law insures to each and every person a fair trial and proper defense, can it be dishonorable or unfitting to serve in the capacity of counsel to even the most miserable creature? And what higher duty could there be than assisting in the administration of justice? Unable to attack the American Federation of Labor directly, Walter Drew, well known as the counsel for the National Erectors' Association, who has long sought to injure every labor organization, now seeks the more subtle method of dismemberment. With the exultant note of one who thinks victory within his grasp he demands: Now that the dynamiters have been found guilty, the pressing question of the hour is, what is the American Federation of Labor going to do? This union, the International Association of Bridge and Structural Iron Workers, is a member of the American Federation of Labor. Frank M. Ryan is one of the members of the executive council of the federation by virtue of his office as president of the union. The entire executive board of the union, with the exception of one, has been found guilty of conspiracy. Is the American Federation of Labor going to retain this union in its membership? Does the federation think of the duty devolved upon it by having a member of its family convicted in this fashion? Will organized labor repudiate the Structural Iron Workers' Union and leave them helpless and at the mercy of organized capital and insatiable, uncurbed greed for profits? Such a course might win the praise of the pharisaical and unmerciful good, but those with the love of humanity in their hearts will join in the pledge to sustain and strengthen the Bridge and Structural Iron Workers' Union. Men can not hold places of responsibility and trust, men can not be in positions to exert great influence for the welfare of those intrusted to their keeping, without incurring opposition and encountering temptations to betray the trust. But the man who would neglect, pervert, or betray, who would do aught but give the best that is in him to protect and advance the rights and interests intrusted to him, in order to secure his own ease, protection, and advancement, is unworthy of confidence or respect. Though detectives hound us, though threats be hurled at us, though charges and insinuations assail us from all sides, yet will we fight on for the liberty and betterment of those who do the world's work and pay the price of our civilization with their blood and bodies, yea, verily, with their very souls. Men who would ease the weltschmerz must not fear criticism and opposition, prosecution or persecution. Though all censure those whom men may deem guilty of dynamite conspiracy, none feel the terrible consequences of the Indianapolis trial more keenly than the men of organized labor. There have 47909-14- -69 been added heartache and sorrow to our already heavy burdens. The men accused and sentenced can not suffer the penalties alone-upon them and all workingmen fall the suffering and penalty. But what of the conspiracy of organized capital-the conspiracy to murder the liberty of the toilers, to tear from them the means of protection by which they have bettered their condition, to leave them bare and defenseless in the competitive struggle? Is not such a conspiracy sufficiently dastardly to incur some odium? Should the conspirators, with their hands stained with the life-blood of men's ambition, happiness, liberty, be accorded nothing but honor, power, respectability? Should they be allowed to continue to manipulate the powers of government, the administration of justice, until the oppressed find the burden intolerable? More wise it is to seek social justice while yet we may. The judge who presided at the trial realized one of the issues-government by injunction-lawless, autocratic, irresponsible exercise of governmental authority, according privileges to the strong and denying justice to the weak. Thereupon, at 12.05 o'clock p. m., the committee adjourned until Friday, January 10, 1913, at 10 o'clock a. m. FRIDAY, JANUARY 10, 1913. SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY, UNITED STATES SENATE, The subcommittee met, pursuant to adjournment, at 10 o'clock a. m. ADDITIONAL STATEMENT OF SAMUEL GOMPERS, PRESIDENT OF Mr. GOMPERS. Mr. Chairman and gentlemen of the committee, what I desire to present immediately I have in writing, and, desirous of conforming with the suggestion of the committee at the meeting last Monday, I should be very glad to hand it in without reading, if it may appear as having been read. Senator Roor. I think there is no reason why that should not be done, Mr. Gompers, subject, however, of course, to examination by the committee. Sometimes opinions of persons who appear before committee and the opinions of the committees differ as to what ought to be said, so that I think that always in such cases there should be reserved to the committee the right to examine the matter afterwards, and to exclude anything which seems to the committee ought to be excluded. Mr. GOMPERS. Of course, from such a decision there can be no dissent, and I should say, Mr. Chairman and gentlemen of the committee, that if anything which I should offer or incorporate in my remarks at any time were found either untrue or unprofitable, I should feel not only that exclusion would be justified, but I should feel myself censured and unworthy of appearing before a committee of the Congress of the United States. Mr. Chairman and gentlemen of the committee, in the effort to make their case appear as formidable as possible, attorneys representing the various employers' associations have used every species of argument before this committee that has seemed to them helpful to their cause. They have not hesitated to draw snap conclusions and tried to make them appear as incontrovertible facts, apparently believing thereby to take advantage of this committee, or at least expecting that the time of this committee would be so thoroughly occupied with many pressing matters of state that they would not have time or opportunity to analyze their statements. I herewith call to your attention a most glaring instance of this kind. On June 13, 1912, Mr. George F. Monaghan, an attorney representing the National Founders' Association, made a statement before this committee in which he made special effort to minimize the importance of the organized labor movement. He quoted statistics and drew conclusions therefrom which, upon their face and as presented, were sure to have a misleading effect. He tried to show you that the number of persons who are connected with the organizations of labor is a very small percentage of the total of persons engaged in gainful occupations. In fact, he would have you think it is a negligible quantity. He said: "Let us realize the fact that in the United States there are, according to reports by the Bureau of Labor, approximately 30,000,000 men, women, and children engaged in gainful occupations. That, of course, is all-embracing. There are 2,000,000 men united in organized labor, including all the unions of the United States. The vast majority of men working at trades, working at agriculture, working at manual pursuits, are not organized, and a large proportion of these men who might join labor organizations have not done so." STATISTICS ON ORGANIZATIONS OF LABOR FAIRLY PRESENTED. In order that these data may be presented completely and orderly, I have deemed it essential to take from the census reports a summary which can be clearly seen and readily understood. For instance, on page 86, table 21, of the Twelfth Census report on "Occupations," it is stated that in the year 1909 the whole number of persons (men, women, and children) engaged in gainful occupations was 29.073,233. These occupations were grouped under five grand divisions, namely: In the first division, or those engaged in agricultural pursuits, some 3,000,000 persons are enrolled in the Farmers' Educational and Cooperative Union of America and the American Society of Equity. This shows that nearly 29 per cent of the persons engaged in agricultural pursuits are members of industrial and economic organiza tions. The second division, namely, "professional persons," comprises those engaged in law, medicine, dentistry, academies, hospitals, and ministers. Of course, everybody is familiar with the fact that practically all divisions of professional service are very thoroughly organized. In the third group, namely," domestic and personal service," the millions engaged follow a multitude of occupations, very largely of a personal character concerning which it is not necessary to go into details to explain other than to say that, to the great misfortune of persons so employed, organization and united action for protective purposes has not yet become attainable. In the two remaining divisions, namely, “trade and transportation" and "manufacturing and mechanical," it will be noted that 11,852,273 persons are engaged in gainful occupations, or about 40 per cent of the grand total (29.073,233). The organizations of labor affiliated with the American Federation of Labor, and the railroad brotherhoods, find their field of opportunity among these two latter groups of persons engaged in gainful occupations. The total membership of the several organizations of labor is about 2,500,000 at the present time, or about 18 per cent of these two groups, and among such persons so employed organizations of labor may be made effective. I leave this subject with you without making special reference to the hundreds of thousands of persons employed by great corporations, such as the express companies, the Tobacco Trust, the Harvester Trust, the Steel Trust, the Sugar Trust, the Cordage Trust, the great ramifications of the textile industry and the many thousand employees of large department stores, in which the slightest effort for organization among the persons so employed is sufficient to penalize and forever blacklist them. Neither do I make detailed reference to the hundreds of thousands. maybe millions, of individuals who are engaged in minor lines of transportation, such as local teamsters and private express wagon drivers. If these were all deducted, it would be seen more readily that those who speak for the organized workers do so with understanding and authority. Let me respectfully call the attention of the committee to a more correct way in which such comparisons should be made, so that the proportional number of persons connected with the organizations of labor by trades and industries may be more easily and readily comprehended. Early in the year 1912, I had occasion to prepare a table showing the proportion of persons connected with the organizations of labor in comparison with the total number engaged in certain occupations in several large cities in the United States. That table I herewith present and include in my statement. It shows that in a large number of occupations the proportion of persons so engaged who are connected with organizations of labor runs from 60 to 100 per cent. |