[H. R. 4015, Sixty-second Congress, first session.]

IN THE HOUSE OF REPRESENTATIVES.

APRIL 11, 1911.

Mr. Young of Michigan introduced the following bill; which was referred to the Committee on the Judiciary and ordered to be printed.

A BILL To regulate the issue of injunctions from the Federal courts.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That preliminary or interlocutory injunctions shall be grantable by the Federal courts, or judges thereof, only upon filing a bill in equity praying for such relief and a hearing had thereon, notice of the time and place of which hearing, together with a copy of the bill in equity and affidavits filed therewith, and an order to show cause, must be served upon the defendant or defendants at least four days previous to the hearing, excluding the day of service and including the day of hearing. Said hearing may be ex parte if the adverse party does not appear at the time and place fixed by said notice to show cause. Every injunction awarded by a judge in vacation, unless previously dissolved by the judge granting the same, shall continue in force only until the next term of the court, or until it is dissolved by some other order of the court: Provided, That whenever an order to show cause why an injunction should not issue is made by a circuit or district court, or by the judge thereof, if it shall clearly appear from specific facts shown by affidavit, or by the verified bill, sworn to in either case by some person claiming to have personal knowledge of the facts and not upon information and belief, that irreparable injury will result to the applicant before the matter can be heard on notice, an order may be granted restraining the act sought to be enjoined until the decision upon the motion to show cause. But such order shall be granted only upon filing a bond in such sum and with such sureties as shall be satisfactory to the court or judge making the order, conditioned to pay to the adverse party such damages as shall accrue to him if it shall finally appear that there was not just cause for the issuance of said writ: Provided, however, That the court or judge may, in his discretion, if it shall be made to appear affirmatively to him that the plaintiff by reason of poverty is unable to give such bond, waive such requirement.

SEC. 2. That in all cases where a temporary restraining order has been issued without notice, the order for hearing of the motion to show cause why an injunction should not issue shall be returnable in the shortest reasonable time in the discretion of the court, which time, where the parties live in the same town or city as that in which the court is located, or the judge is to be found, shall be not less than four days nor more than six days, and where the parties or their attorneys live in different towns or cities from that in which the court is located or the judge to be found, only such additional time shall be granted for the hearing as is reasonably necessary for travel from the place or residence of the parties to the place where the court may be sitting or the judge is to be found, and such hearing shall take precedence of all other matters on the calendar, except older matters of the same character and matters to which such precedence may be given by the order of the court. When the matter first comes up for hearing the party who obtained the temporary restraining order shall be required to proceed with his application for a preliminary injunction, and if he be not ready the court or judge may dissolve his temporary restraining order. The defendant, however, shall be entitled, as of course, to one continuance for a reasonable period, if he desires it, to enable him to meet the application for the preliminary injunction. The matter shall be heard upon the bill of complaint and affidavits filed therewith and the answer of the defendant, if one has been filed, and all affidavits filed by him: Provided, That the party seeking the injunction may file additional affidavits in reply to any new matter set up by the defendant, and provided also that the burden of proof shall be upon the party praying for an injunction on all hearings.

SEC. 3. That the temporary restraining order shall continue in force until the application for the preliminary injunction has been heard and decided, which decision shall be made by the court or judge with all convenient speed.

SEC. 4. That the party against whom the preliminary injunction or temporary restraining order has been issued may at any time, upon pleading, demurring, or answering to such bill in equity, move to dissolve or modify the preliminary injunction or temporary restraining order upon such notice as is heretofore provided for the granting of a preliminary injunction, which motion shall be heard and decided within the same restrictions as to time as is provided for the hearing of motion for a preliminary injunction.

SEC. 5. That all acts or parts of acts in conflict with this act are hereby repealed.

[H. R. 4448, Sixty-second Congress, first session.]

IN THE HOUSE OF REPRESENTATIVES.

APRIL 12, 1911.

Mr. Hardwick introduced the following bill; which was referred to the Committee on the Judiciary and ordered to be printed.

A BILL To limit the powers of certain courts of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no circuit or district court of the United States, and no judge of such courts, shall, for any cause whatsoever, issue or grant any injunction against the officer or officers of any State of the United States to prevent or hinder such officer or officers from executing or enforcing any law enacted by the duly constituted legislative authority of such State.

IN THE HOUSE OF REPRESENTATIVES.

APRIL 13, 1911.

Mr Henry of Texas introduced the following bill; which was referred to the Committee on the Judiciary and ordered to be printed.

A BILL In relation to 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.

IN THE HOUSE OF REPRESENTATIVES.

MAY 16, 1911.

Mr. Kendall introduced the following bill; which was referred to the Committee on the Judiciary and ordered to be printed.

A BILL To regulate the issuance of injunctions and to provide for a trial by jury in proceedings for the punishment of contempts.

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 issued by any court of the United States, or the judge thereof, in any dispute between an employer and employees, or between employees, or between persons employed and persons seeking employment, or involving the terms of conditions of employment, unless such restraining order or injunction shall be clearly necessary to prevent such irreparable injury to property or property rights as can not be adequately redressed at law, and then only after reasonable previous written notice of the application therefor shall have been served upon the person or persons sought to be restrained or enjoined and he or they shall have opportunity to appear in person or with attorney and traverse the allegations of said application. In all such cases the application for restraining order or injunction shall be in writing, duly verified, and shall state explicitly the facts upon which relief is demanded, including a description of the property or property rights involved.

SEC. 2. That no agreement between two or more persons to do or not to do any act or thing with reference to any dispute between an employer and employees, or between employees, or between persons employed and persons seeking employment, or involving the terms or conditions of employment, shall be held to constitute a conspiracy unless the act or thing agreed to be done or not to be done would be unlawfu lon the part of a single individual; not shall the entering into or carrying out of any such agreement be restrained or enjoined unless such act or thing agreed to be done or

not to be done would be subject to be restrained or enjoined on the part of a single individual.

SEC. 3. That before any process shall issue in a proceeding for the punishment of any contempt not committed in the immediate presence of the court or judge, or in such close proximity thereto as to interfere with the regular and orderly administration of justice, a written information shall be filed stating in detail the particular facts or circumstances complained of as constituting the alleged contempt. Thereupon a warrant shall issue and the accused shall be presented before the court, where he shall be advised of the precise nature of the charge against him and be allowed reasonable time and opportunity to make preparation for trial. Unless he enter a plea of guilty, the trial shall proceed before a jury in all respects as in ordinary criminal

cases.

[H. R. 11032, Sixty-second Congress, first session.]

IN THE HOUSE OF REPRESENTATIVES.

JUNE 2, 1911.

Mr. Wilson of Pennsylvania introduced the following bill; which was referred to the Committee on the Judiciary and ordered to be printed.

A BILL To regulate the issuance of restraining orders 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 employee, or between employers and employees, or between employees, or between persons employed and persons seeking employment, 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 and 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 patronage or good will in business, or buying or selling commodities of any particular kind or at any particular place, or at all, shall he 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, 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 civil or criminal offense, or be punished or prosecuted, or damages recovered upon 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 definitions 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.

IN THE HOUSE OF REPRESENTATIVES.

DECEMBER 20, 1911.

Mr. Sulzer introduced the following bill; which was referred to the Committee on the Judiciary and ordered to be prin ed.

A BILL Relating to the appointment of receivers in certain cases.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on all applications made in any court of the United States, or to any judge thereof, for an injunction restraining the operation of a railroad or any

public utilities corporation organized under the laws of any State, or for the appointment of a receiver of such a corporation, the attorney general of the State in which said corporation transacts its principal business or operates its road, or the attorney representing the municipality in which said corporation transacts its principal business or operates its road, shall have the right to intervene and be heard on the application.

SEC. 2. That no such appointment shall be entertained unless a notice of said application is served upon the attorney general of said State, or the attorney representing the said municipality, at least two days before the hearing.

SEC. 3. That the governor of the State in which said corporation transacts its principal business and the stockholders of said corporation shall have the right to apply for the termination of said receivership at any time after the expiration of one year from the appointment of said receiver, and the court or judge of the court to whom said application is made shall terminate the said receivership unless good cause be shown by the receiver for continuing the receivership.

SEC. 4. That this act shall take effect immediately.

IN THE HOUSE OF REPRESENTATIVES.

JANUARY 26, 1912.

Mr. Carter (by request) introduced the following bill; which was referred to the Committee on the Judiciary and ordered to be printed.

A BILL To amend the act entitled "An act to codify, revise, and amend the laws relating to the judiciary," approved March third, nineteen hundred and eleven.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section two hundred and sixty-five of the act of Congress approved March third, nineteen hundred and eleven, entitled "An act to codify, revise, and amend the laws relating to the judiciary," be, and the same is hereby, amended so as to read as follows:

"SEC. 265. The writ of injunction shall not be granted by any court of the United States to stay the proceedings in any court by a State except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy, or to restrain the enforcement, operation, or execution of any statute of the State or any order, rule, or regulation having the force of a statute of a State, or order, rule, or regulation made by a commission or body authorized by State laws to regulate and control common carriers or other public-service corporations."

[H. R. 18968, Sixty-second Congress, second session.]

IN THE HOUSE OF REPRESENTATIVES,

JANUARY 29, 1912.

Mr. Smith of Texas introduced the following bill; which was referred to the Committee on the Judiciary and ordered to be printed.

A BILI. To amend the act entitled "An act to codify, revise, and amend the laws relating to the judiciary,” approved March third, nineteen hundred and eleven.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section two hundred and sixty-five of the act of Congress approved March third, nineteen hundred and eleven, entitled "An act to codify, revise, and amend the laws relating to the judiciary," be, and the same is hereby, amended so as to read as follows:

"SEC. 265. The writ of injunction shall not be granted by any court of the United States to stay the proceedings in any court of a State except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy; or to restrain the enforcement, operation, or execution of any statute of the State or any order, rule, or regulation having the force of a statute of a State; or order, rule, or regulation made by a commission or body authorized by State laws to regulate and control common carriers or other public-service corporations."

(H. R. 19717, Sixty-second Congress, second session.]

IN THE HOUSE OF REPRESENTATIVES.

FEBRUARY 8, 1912.

Mr. Thomas introduced the following bill; which was referred to the Committee on the Judiciary and ordered to be printed.

A BILL To amend section two hundred and sixty-five of an act entitled "An act to codify, revise, and amend the laws relating to the judiciary," approved March third, nineteen hundred and eleven, designated as "The Judicial Code."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section two hundred and sixty-five of the act of Congress approved March third, nineteen hundred and eleven, entitled "An act to codify revise, and amend the laws relating to the judiciary," be, and the same is hereby, amended so as to read as follows:

"SEC. 265. The writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy; nor shall the writ of injunction be granted by any court or judge of the United States to restrain the enforcement, operation, or execution of any statute of a State, or any order, rule, or regulation having the force of a statute of a State; or order, rule, or regulation made by a commission or body authorized by State laws to regulate and control common carriers or other public service corporations: Provided, however, That this section shall not be construed to restrain or in any way to affect the jurisdiction conferred upon the Supreme Court of the United States by section two hundred and thirty-seven of "The Judicial Code.'"

SEC. 2. That this act shall be in force from its passage.

[H. R. 20499, Sixty-second Congress, second session.]

IN THE HOUSE OF REPRESENTATIVES.

FEBRUARY 20, 1912.

Mr. Callaway introduced the following bill; which was referred to the Committee on the Judiciary and ordered to be printed.

A BILL To amend the act entitled "An act to codify, revise, and amend the laws relating to the judiciary," approved March third, nineteen hundred and eleven.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section two hundred and sixty-five of the act of Congress approved March third, nineteen hundred and eleven, entitled "An act to codify, revise, and amend the laws relating to the judiciary,” be, and the same is hereby, amended so as to read as follows:

"SEC. 265. The writ of injunction shall not be granted by any court of the United States to stay the proceedings in any court by a State except in cases where said injunction may be authorized by any law relating to proceedings in bankruptcy; or to restrain the enforcement, operation, or execution of any statute of the State or any order, rule, or regulation having the force of a statute of a State, or order, rule, or regulation made by a commission or body authorized by State laws to regulate and control common carriers or other public-service corporations."

STATEMENT OF MR. SAMUEL GOMPERS, PRESIDENT OF THE AMERICAN FEDERATION OF LABOR.

Mr. GOMPERS. Mr. Chairman and gentlemen of the committee, the executive council of the American Federation of Labor began its regular session, or quarterly session, in this city on Monday morning, and, pursuant to the directions of the convention of the American Federation of Labor, held in Atlanta, Ga., about two months ago, we asked the opportunity of appearing before your committee and