diction. Upon a careful examination of the reported cases, we find but one which seems to deny its power to do so. We are not concerned with cases which hold that the power may be exercised by courts or legislative bodies only when they are proceeding within the sphere of duty when the alleged contempt is committed. However clear it may seem, from a consideration of the principles involved, that the authority conferred by the Constitution upon the legislature to create additional courts has reference only to courts with all the attributes and inherent powers that are requisite to the efficient performance of judicial duties, we are not now concerned with any reported cases which holds that the legislature may create a judicial tribunal without power to enforce respect for its sessions, its writs, or its process. We are mindful that, in reviewing the judgment of the circuit court in this case, we are exercising jurisdiction conferred by the statute, as was the circuit court when it reviewed the judgment of the court of common pleas. This we do without doubt as to the validity of the statute which authorizes the review. It does not in any manner or to any degree limit the power of the judicial department of the government of the State. Its object is to diminish as much as may be the liability of the power to abuse, but without assuming a revisory authority in another department. (36 L. R. A., 260.) The conclusions derivable from the authorities just quoted may be summarized as follows: 1. The district courts of the United States are created by the Constitution and endowed with judicial power by that instrument of their creation. 2. Congress was invested with the duties of organizing these courts and establishing their jurisdiction, but the power of Congress is limited by the act of establishment and the marking of jurisdiction, and is in no manner concerned with the exercise of judicial power by these courts after their establishment. 3. The power to punish for contempt of court is inherent in chancery jurisdiction, and necessary and vital, to the existence of the courts themselves, and the enforcement of their decrees. That Congress has not the authority, in the exercise of its legislative function, to dominate the judicial branch of the Government is a salutary effect of the forethought of the framers of our Constitution. Life, liberty, and property must be protected. When the common law affords no adequate remedy, from time immemorial chancery jurisdiction has supplied the necessary want. Those who clamor for the passage of this bill call merely for a license to riot without the likelihood of punishment for their crimes. They realize full well that in labor disputes the foment of local thought and sentiment is oftentimes such that it is only in a court of chancery jurisdiction that protection can be afforded to men who wish to work without the interference and hindrance of union regulation. It is a mistake to assume that the courts of this country have offended by arbitrarily exercising their right to punish for contempt. On the very contrary I assert without fear of successful contradiction, that if ever a court offended in this regard it would be a saving exception which would but more forcefully establish the general rule. It is not alone in disputes wherein labor is involved that interference with chancery jurisdiction over contempts would prove a substantial and irremediable evil, but in the everyday affairs of business life property interests could be successfully attacked without a chance of check or hindrance. Receivers would be refused the delivery of property under court order, and properties would be dissipated before the right to punish for contempt could be invoked under the dilatory tactics applied by the jury system. Businesses might be disrupted, property rights destroyed, and all for the sake of attempting to afford additional opportunities for organizations of men to violate the fun damental right of labor and contract by unlawful interference with impunity. It has been argued that certain party demands as enunciated in party platforms have called for the passage of this measure. As a Democrat myself, it is my respectful thought that my party did not have in contemplation at the time of the passage of that plank in its platform, the conditions as they are shown to exist in this country to-day. It has always been and I hope will always continue to be a party which subscribes to the fundamental principles under which our Government was organized. Its constituent parts do not attempt to legitimatize or screen the acts of men done disregardless of law. It did not have in mind the dynamiting of Los Angeles, or the vast conspiracy which has swept over this country, nor could it have known or understood the vast necessity which exists for the preservation of the rights of mankind, whether of labor or capital, in the protection afforded by writs of injunction and punishment for contempt. More than this, I most decidedly urge that the welfare of this country and the preservation of our threefold system of government is above the policy of party or the demands of any organization. From the standpoint, therefore, of the policy of the passing of this measure, as well as the constitutionality of it, I respectfully urge that this committee refuse to extend to it the stamp of their approval. The time allotted to me has been passed, but I desire at this time in conclusion to file with the committee a statement, first, of members of the organization which I represent, and secondly, a compendium prepared by the organization of the strikes in which it has been interested during the past four years. This is a report of the strikes had between 1904 and 1907, inclusive. The number of affidavits filed is 400. The total number of strikes was 300; in those 300 strikes the total number of injunctions asked for was 34; the total number of injunctions granted was 34; the approximate number of contempts charged was 36; convictions on contempts charged, 32. I will state for the benefit of the committee that during the last 4 years we have had 224 strikes. In those 224 strikes we made application for 5 injunctions, and of those 5 injunctions asked for, 5 were granted. The number of contempts applied for during that period was none. So during the last 4 years this organization has not been before the court asking that a single man be punished for contempt of court, which denotes the lack of necessity for the radical charge here contemplated. The mere effect of the injunctions themselves was sufficient to restore a peaceful condition in the States in which the strikes were originated. Mr. Monaghan presented the following documents under permission of the committee: MEMBERS NATIONAL FOUNDERS' ASSOCIATION. [Organized, New York, Jan. 26, 1898.] OFFICERS NATIONAL FOUNDERS' ASSOCIATION, 1911. O. P. Briggs, president, Minneapolis, Minn. Henry D. Miles, vice president (Buffalo Foundry & Machine Co.), Buffalo, N. Y. A. E. McClintock, commissioner, Chicago, Ill. F. W. Hutchings, secretary, Detroit, Mich. The Peoples State Bank, treasurer, Detroit, Mich. ADMINISTRATIVE COUNCIL. O. P. Briggs, president, Minneapolis, Minn. Henry D. Miles, vice president (Buffalo Foundry & Machine Co.), Buffalo, N. Y. J. H. Schwacke (Wm. Sellers & Co., Inc.), Philadelphia, Pa. G. H. Johnson (Isaac G. Johnson & Co.), Spuyten Duyvil, N. Y. H. J. Boggis (Taylor & Boggis Foundry Co.), Cleveland, Ohio. C. H. Gifford (American Blower Co.), Detroit, Mich. F. C. Caldwell (H. W. Caldwell & Son Co.), Chicago, Ill. H. T. Hornsby (United Iron Works Co.), Springfield, Mo. Otto H. Falk (The Falk Co.), Milwaukee, Wis. Oliver Crosby (American Hoist & Derrick Co.), St. Paul, Minn. J. A. Milne (Allis-Chalmers-Bullock, Ltd.), Montreal, Quebec. L. L. Anthes (Anthes Foundry Co., Ltd.), Toronto, Ontario. W. D. Tynes (Hardie-Tynes Manufacturing Co.), Birmingham, Ala. LIST OF MEMBERS. [Arranged alphabetically.] Acme Foundry Co., Cleveland, Ohio. Wm. Greenbaum. Light and medium gray iron castings. Adams & Westlake Co., Chicago, Ill. Ward W. Willits. Brass and bronze founders, finishers, and spinners; sheet metal stampings; railway lamps and lanterns; brass and iron bedsteads. Adams & Westlake Co., Philadelphia, Pa. hardware; railway supplies; brass, bronze, and Adriance, Platt & Co., Poughkeepsie, N. Y. ing machinery. Advance Thresher Co., Battle Creek, Mich. machinery, and general agricultural work. Edw. L. Langworthy. Car and ship Albert J. Glass. Castings for harvest- Aermotor Co., Chicago, Ill. L. C. Walker. Windmills; pumps; tanks; tank towers; electrical transmission towers. Akron Foundry Co., Akron, Ohio. Frank Fiebeger. Hot-air furnaces; steam and hot-water boilers; gray iron castings. Albany Malleable Iron Co., Albany, N. Y. Edward Oliver. Malleable iron and semisteel castings. Albion Malleable Iron Co., Albion, Mich. H. B. Parker. Malleable iron castings and patterns. Allen Engineering Co., Memphis, Tenn. Thos. H. Allen. Transmission machinery and engine castings. Allis-Chalmers Co., main office, Milwaukee, Wis. Corliss engines; steam turbines; gas engines; hydraulic turbines; pumping engines; blowing engines; air compressors: mining, crushing, sawmill, flour-mill, and electrical machinery. Branches: Chicago Works, Chicago, Ill.; Scranton Works, Scranton, Pa. Allis-Chalmers-Bullock (Ltd.) Montreal, Quebec. J. A. Milne. Air compressors; coal cutters; rock drills; channelers and all kinds of mining machinery; hoisting engines; rapid unloaders; electrical machinery of all classes. American Blower Co., Detroit, Mich. C. H. Gifford. General machinery castings. American Clay Machinery Co., Willoughby, Ohio. L. W. Penfield. Heavy machinery castings. American Clay Machinery Co., Bucyrus, Ohio. R. O. Perrott. Brick and tile; sewer pipe; terra cotta; fire proofing; pottery; clay refining; general line of clay-working and cement machinery. American District Steam Co., Lockport, N. Y. Chas. R. Bishop. Cast-iron pipe fittings, and all devices pertaining to district heating systems. American Foundry & Machine Co., Hamilton, Ohio. A. Ballinger. General jobbing; machine and light castings. American Foundry & Manufacturing Co., St. Louis, Mo. B. H. Sanders. Light and medium weight castings; plumbers' supplies. American Hoist & Derrick Co., St. Paul, Minn. Oliver Crosby. Hoisting engines and derricks. American Locomotive Co., main office, New York City, N. Y. Jas. McNaughton. Locomotive castings. Branches: Brooks Works, Dunkirk, N. Y.; Cooke Works, Paterson, N. J.; Manchester Works, Manchester, N. H.; Montreal Works, Montreal, Quebec; Pittsburgh Works, Allegheny, Pa.; Richmond Works, Richmond, Va.; Rogers Locomotive Works, Paterson, N. J.; Schenectady Works, Schenectady, N. Y. American Motor Castings Co., Detroit, Mich. F. L. Bromley. Automobile castings and general jobbing. American Seating Co., Chicago, Ill. Wayne Mills. School furniture and opera chairs. Branches: Buffalo Works, Buffalo, N. Y.; Grand Rapids Works, Grand Rapids, Mich.; Thos. Kane & Co. Works, Racine, Wis. American Ship Building Co., Cleveland, Ohio. Lee Wallace. Marine work. American Ship Windlass Co., Providence, R. I. E. G. Marble. Light and heavy castings up to 10 or 12 tons; green and dry sand. American Skein & Foundry Co., Racine, Wis. W. F. Walker. General line of gray castings. American Tool & Machine Co., Boston, Mass. M. H. Barker. Machinery castings. American Well Works, Aurora, Ill. M. C. Chapman. Well drilling machinery; pumps; gasoline engines, air compressors, etc. American Wood Working Machinery Co., Rochester, N. Y. J. E. McKelvey. Machinery castings. Ames Iron Works, Oswego, N. Y. Allen Ames. General machinery castings for engines and boiler work. Josiah Anstice & Co., Rochester, N. Y. Josiah Anstice. Fine, specialty, and small castings. Anthes Foundry (Ltd.), Toronto, Ontario. fittings; sinks and boiler stands. Associated Foundry Manufacturing Co., Gasoline-engine castings. The Atkinson Company, Rochester, N. Y. aluminum castings. L. L. Anthes. Cast-iron soil pipe and Waterloo, Iowa. George B. Miller. George Atkinson. Brass, bronze, and Aultman & Taylor Machinery Co., Mansfield, Ohio. J. E. Brown. Machine castings for engine and thrasher building. Aurora Foundry Co., Aurora, Ill. General machinery castings. Avondale Stove & Foundry Co., Birmingham, Ala. Perkins Ellis. Ranges, cooking and heating stoves, hollow ware, grates, pulleys, machine castings, etc. Baker & Shevlin Company, Saratoga Springs, N. Y. Machinery castings. Ball Engine Company, Erie, Pa. Engine castings and jobbing. Bancroft, Ross & Sinclair Co. (Ltd.), New Orleans, La. E. J. Ross. Machine castings for sugar and saw mills and general jobbing. Barbour-Stockwell Co., Cambridgeport, Mass. Fred F. Stockwell. Machinery, jobbing. S. G. Barker & Son, Scranton, Pa. F. S. Barker. Railroad track scales, mining machinery, structural iron castings, wire coal screens. Barlow Foundry Co., Newark, N. J. Arthur E. Barlow. Malleable and gray iron castings. Barnard & Leas Manufacturing Co., Moline, Ill. Charles A. Barnard. Flour-mill builders, grain-cleaning machinery. Barnes Manufacturing Co., Mansfield, Ohio. T. R. Barnes. Iron pumps, sanitary enameled ware, including lavatories, sinks, etc. Oscar Barnett Foundry Co., Newark, N. J. machinery castings. Gerald Hannay. Light and heavy Boilers, Corliss and slide A. F. Bartlett & Co., Saginaw, Mich. A. F. Bartlett. valve engines, coal-mining and sawmill machinery, power transmission. Bartlett, Hayward & Co., Baltimore, Md. T. B. Athey. Gas-works apparatus, structural and ornamental work. Bass Foundry & Machine Co., Fort Wayne, Ind. C. T. Strawbridge. Engines, boilers, car wheels, etc. Bauer Bros. Co., Springfield, Ohio. Louis E. Bauer. Machinery and implement castings. Baush Machine Tool Co., Springfield, Mass. Gray iron castings for machine tools. M. Beatty & Sons (Ltd.), Welland, Ontario. Dredges, steam shovels, hoisting engines, and contractors' machinery. W. C. McMahon. General malleable Beaumont Iron Works Co., Beaumont, Tex. L. J. Black. Gray iron castings. Belle City Malleable Iron Co., Racine, Wis. iron castings. Belle City Manufacturing Co., Racine, Wis. and jobbing. L. E. Jones. Agricultural implements Beloit Iron Works, Beloit, Wis. A. Aldrich. Paper mill machinery. Bernstein Manufacturing Co., Philadelphia, Pa. Jobbing work. Betts Machine Co., Wilmington, Del. Edward T. Betts. Machine tools. Birmingham Iron Foundry, Derby, Conn. F. D. Wanning. Machinery castings; chilled and sand rolls. Birmingham Machine & Foundry Co., Birmingham, Ala. R. W. Boland. Corliss engines; blowing engines; sugar machinery, etc. Black-Clawson Co., Hamilton, Ohio. F. C. Trowbridge. Paper and pulp mill machinery; evaporating and drying machinery; perforators. E. W. Bliss Co., Brooklyn, N. Y. F. C. B. Page. General machinery castings. Wm. Bros Boiler & Manufacturing Co., Minneapolis, Minn. Miscellaneous castings, chiefly boiler fronts and connections. A. & F. Brown Co., Elizabeth, N. J. Charles Brown. Shafting; pulleys; hangers; gears; friction clutches; rope transmission; special machinery. Brown Cotton Gin Co., New London, Conn. Edw. T. Brown. Cotton gin castings; ribs, etc.; machine castings generally. Brownell Co., Dayton, Ohio. A. Í. Kemper. Engines and boilers. A. Buch's Sons Co., Elizabethtown, Pa. Farm machinery and molding machines. Buckeye Engine Co., Salem, Ohio. C. S. Bonsall. Steam and gas engines. Buckeye Foundry Co., Cincinnati, Ohio. William Gilbert. Machine tool castings. Buckeye Iron & Brass Works, Dayton, Ohio. W. B. Anderson. Linseed and cottonseed oil machinery; tobacco cutting machinery; valve castings. Bucyrus Co., South Milwaukee, Wis. W. W. Coleman. Excavating machinery; railway cranes; pile drivers. The Bucyrus Steel Casting Co., Bucyrus, Ohio. C. F. Vollmer. General steel castings. The Buda Co., Harvey, Ill. F. E. Place. Medium weight gray iron castings. Buffalo Foundry & Machine Co., Buffalo, N. Y. H. D. Miles. General gray iron jobbing, medium and heavy. Buffalo Pitts Co., Buffalo, N. Y. C. M. Greiner. Traction and portable engines; thrashing machinery. Buffalo Scale Co., Buffalo, N. Y. T. L. Richmond. Railroad track, wagon, platform, counter, and general line of scales; testing machines. Buhl Malleable Co., Detroit, Mich. Chas. A. Rathbone. Malleable iron castings, sprocket wheels, chains. Builders' Iron Foundry, Providence, R. I. D. K. Bartlett. castings. Butler Street Foundry & Iron Co., Chicago, Ill. A. Hinkens. mental castings. Cadillac Motor Car Co., Detroit, Mich. Henry M. Leland. brass, bronze, and gray iron. General machinery Structural and orna Motor car castings in E. R. Caldwell & Co., Bradford, Pa. E. R. Caldwell. Gas engines; air compressors, etc. H. W. Caldwell & Son Co., Chicago, Ill. F. C. Caldwell. Light and heavy gray iron machinery castings. Caldwell-Watson Foundry & Machine Co., Birmingham, Ala. T. J. Caldwell. ings for furnaces, mining, and rolling mill machinery. Cast Canada Foundry Co. (Ltd.), Toronto, Ontario. Geo. W. Watts. General engineering, including pumps, hydraulic fittings, valves and pipes; electrical machinery, locomotives, etc. Canada Iron Corporation (Ltd.), Montreal, Quebec. F. G. O'Grady. Car wheels, steel tires, cast-iron centers, general gray iron castings. Branches: Canada Iron Corporation (Ltd.), Hamilton, Ontario; Canada Iron Corporation (Ltd.), Three Rivers, Quebec. Canadian Locomotive Co. (Ltd.), Kingston, Ontario. C. Bermingham. Locomotives. Canadian Steel Foundries (Ltd.), Montreal, Quebec. W. F. Angus. Steel and manganese, frog and switch work for railways. Carondelet Foundry Co., St. Louis, Mo. Geo. Q. Thornton. Light and medium gray iron castings. Stuart R. Carr & Co., Baltimore, Md. Stuart R. Carr. Machinery and general jobbing work. The Carroll Foundry, Houghton, Mich. Philip Carroll. Mining and milling machinery. Carroll Foundry & Machine Co., Bucyrus, Ohio. General engineering; gray iron castings; machine, boiler and pattern works. J. I. Case Plow Works, Racine, Wis. H. M. Wallis. Agricultural implement castings. J. I. Case Threshing Machine Co., Racine, Wis. Frederick Robinson. Traction and portable engines; threshing machinery; road rollers. |