Resolution No. 58-By the Journeymen Tailors and the Garment Workers delegations:

WHEREAS, The courts of our country in several instances have denied us our constitutional rights, and have frequently enjoined us from doing that against which there is no moral or civil law, and have restrained us from doing many things which are essential to the life and welfare of organized labor; and

WHEREAS, Up to this time they have not enjoined us from putting union labels on products made by our hands for our employers who want labels on their output, and as we have not been enjoined from requesting our friends to patronize union-made products, nor enjoined from mentioning that there are union labels in this country; therefore, be it

non-concur

RESOLVED, That all delegates of this Convention. upon their return preach with greater energy than ever before the gospel of earnest work and fidelity for and to the label, and to insist that their organizations make its supply and demand one of the paramount objects in the field of their endeavor to uplift the wage earners of our common country.

The committee reported concurrence in Resolution No. 58, and recommended that it be adopted.

On motion the recommendation of the committee was concurred in.

Resolution No. 63-By Delegate Arthur Kahn, of the International Association of Fur Workers of the United States and Canada:

WHEREAS, The Fur Workers are in a continuous struggle for the betterment of their conditions; and

WHEREAS, They can be successful only by and through the aid of organized labor and its friends; therefore, be it RESOLVED, That we request of the and its members of organized labor friends to ask for the label of the International Association of Fur Workers of the United States and Canada whenever purchasing fur garments, and that the Twenty-Eighth Annual Convention of the American Federation of Labor appeals to all sympathizers to do likewise, and that we request all trade and labor papers to turn the attention of their readers to the label of said organization.

The committee reported concurrence in Resolution No. 63, and recommended that it be adopted.

On motion the recommendation of the committee was concurred in.

Resolution No. 71-By Delegate Austin Davis, of the Utah State Federation of Labor:

RESOLVED, That the observance of the patronage of union products of union and firms of union exclusively shall be made among as obligatory union principles and tenets as that of

men

RESOLVED, That this, the TwentyEighth Annual Convention of the American Federation of Labor, recommend to its affiliated bodies and all friendly persons that they demand such goods bearing the label whenever making any purchase.

The committee reported concurrence in Resolution No. 87, and recommended its adoption.

On motion the recommendation of the committee was concurred in. the Delegate Hayes-That completes of the Committee on partial report Labels.

Vice-President Mitchell, Chairman of the Committee on Local and Federated Bodies, reported as follows:

Resolution No. 8-By Delegate Charles T. Smith, of the Washington, D. C., Central Labor Union:

RESOLVED, That it is the sense of this Twenty-Eighth Convention that all subordinate unions of International and National unions are hereby requested to immediately affiliate with the city central bodies of their respective localities. The committee reported favorably on the resolution, and recommended adoption.

its

On motion the recommendation of the committee was concurred in.

Resolution No. 16-By Delegate T. W. McCullough, of the International Typographical Union:

WHEREAS, For the purpose of propaganda, it becomes necessary at times to reach the individual members of organized labor directly; and

WHEREAS, Much difficulty has been met at various times because of the inability of access to the membership directly, and by reason of this inability, the dissemination of needful and often important information is greatly retarded, and thus the cause suffers; and

WHEREAS, It is often desirable to reach the mass of unorganized labor as

individuals for the purpose of imparting information that may be of service to organized labor, especially in the matter of education of the unorganized in the fundamentals of the labor movement, and the necessity of organization; therefore, be it

RESOLVED, That the American Federation of Labor recommends to central bodies of the various cities and industrial centers of the jurisdiction of the American Federation of Labor that the secretaries of such bodies provide, whenever practicable, lists of the memberships of the several affiliated unions composing such central bodies; such lists to contain the postoffice addresses of the memberships, and to be carefully preserved under rules to be made by the central bodies for the protection of the membership. These lists to be available, under proper restrictions, at any time to the properly recognized bodies of organized labor for the purpose of spreading needed or useful information to the members. And that the secretaries of the central bodies, as far as possible, provide similar lists of the non-union workingmen in their several districts. such lists to be similarly kept and used as the lists of union members.

The committee reported favorably on the resolution, and recommended its adoption.

On motion, the recommendation of the committee was concurred in.

Resolution No. 28-By Delegate A. B. MacStay, of the New York City Central Federated Union:

WHEREAS, A charter has been issued by the Executive Council of the American Federation of Labor to the Bronx Labor Council, New York City, N. Y.; and

WHEREAS, The Central Federated Union of Greater New York and Vicinity entered a protest against the granting of said charter to the Twenty-Seventh Annual Convention of the American Federation of Labor at Norfolk, Va.; therefore, be it

RESOLVED, To request information at the Twenty-Eighth Annual Convention of the American Federation of Labor at Denver, Colo., as to why such charter was granted without due notice being given to the protesting body.

The committee recommended that the resolution be referred to the Executive Council.

On motion, the recommendation of the committee was concurred in.

LOCAL UNION STRIKES.

A number of applications have been made by locals directly affiliated for assistance in case of strikes and lock-outs during the year. Where such applications were made and were in conformity with the provisions of Article XIII of has assistance been the Constitution, In some cases promptly given to them. it developed that the officers of the local unions did not thoroughly understand the provisions of Article XIII, and it required

considerable correspondence to have them thoroughly understand this provision in the Constitution. The Executive Council is now, as it has always been, desirous of dealing as generously as possible under the law with the directly affiliated local unions.

During the year, benefits from the Defense Fund to the directly affiliated local unions were paid to the amount of $12,124.00. This amount paid out is wholly apart from payments by assessments or by other funds raised by voluntary contributions to aid workmen engaged in trade disputes.

On that portion of the report of the Executive Council under the caption "Local Union Strikes," the committee reported as follows: "The committee recommend that a circular letter be directed by the Executive Council to all directly affiliated local to unions calling attention Article XIII of the Constitution."

A motion was made and seconded that the recommendation of the committee be concurred in.

The question was discussed by Delegate Gallagher and President Gompers.

The motion to concur in the recommendation of the committee was carried. Delegate Wheeler-I would like to have the Secretary note in the proceedings of this session that the question of the Pavers and Rammermen is referred by the Committee to the Building Trades Committee on Adjustment.

on

On motion the request of Delegate Wheeler was granted.

Delegate Coombe, for the Committee on Credentials, presented the following supplemental report:

"Your Committee on Credentials recommend the seating of W. G. Richards as delegate from the Ohio State Federation of Labor, with one vote; the seating of S. J. Thompson, delegate from the Texas State Federation of Labor, with one vote, and William E. Terry, from the Federated Trades Council of San Diego, California, with one vote." (Signed)

"ISAAC COOMBE, Chairman,
"ALVIN HOWES,

"PATRICK DUFFY, Secretary."

On motion the recommendation of the committee was concurred in and the delegates seated.

Delegate Sharpe, Secretary of the Committee on Treasurer's Report, submitted the following:

Denver, Colo., Nov. 16, 1908.

To the American Federation of Labor: Ladies and Gentlemen:

Your Committee on Treasurer's Report beg leave to submit the following:

Your committee understand that it assumes no responsibility for the actual existence of funds as accounted for in Treasurer Lennon's report, but having compared the Treasurer's statement with reports of the Secretary and Auditing Committee of this Federation, we find they agree, and so report. The duty of verifying and checking vouchers, receipts, certificates of deposit, etc., is one that devolves upon the Auditing Committee and that body has already submitted its report, and the same has been adopted.

Your committee think this an opportune time to direct attention to the necesIsity of further guarding all funds of the American Federation of Labor. The recent experience of the United Hatters of America makes it plain that the funds of this and kindred organizations are subject to attachment upon order of the court, and we deem this matter sufficiently important to justify special consideration. We, therefore, recommend that immediately following adjournment of this Convention the Executive Council take this matter under advisement and, if possible, devise and put in operation some method whereby the funds of this organization will be removed from the danger of attachment and be preserved subject only to such order as provided for in our Constitution and By-Laws.

Your committee desire to express their approval of the manner in which the business affairs of the Treasurer's office have been administered under direction of the present incumbent.

All of which is respectfully submitted,
MAGNUS SINCLAIR, Chairman;
HARRY S. SHARPE, Secretary;
D. F. MANNING,

A. J. GALLAGHER,

E. W. SHIRK,

JOHN SHERET,

A. P. TIGHE,

JAS. J. DARDIS,

MISS CARRIE PARMER,

Committee on Treasurer's Report.

Delegate Mahon-I move that the report of the committee be approved and adopted. (Seconded by Delegate Sinclair.)

Treasurer Lennon-I desire to say a few words regarding safeguarding the funds of the Federation against judgments from suits at law. The matter was discussed in a Council meeting a short time ago, but other business intervened and no definite conclusion was reached. After returning home I discussed the matter with one of the best lawyers in our city. He was unable to point out any way it could be accomplished with absolute certainty that would not involve at some time or another perjury on the part of some one. I do not say the matter has been examined thoroughly, for it has not. I think the recommendation of the committee is commendable. It may be that further examination and investigation will lead us to some conclusion that will reach the end desired. I want to assure the delegates here that the Treasurer, as well as every member of the Council, is as desirous of reaching that end as anybody can possibly be. The question was discussed by Delegate Tighe and Delegate Furuseth.

Delegate Hayes (Max S.)-There is no question as to the gravity of the situation that confronts, not only the Federation, but the average international union that may have a sum of money on deposit in the bank. In fact, even local unions are in danger under the decision of the Supreme Court in the Hatters' case. The funds of organized labor are practically at the mercy of any employer who will attempt to go into court and prove he has been damaged by reason of a strike or boycott. If the Executive Council has already considered plans by and through which the funds can be protected, that is something I know nothing about. It is a question, however, that will have to be arranged for in the future. I was going to suggest that the American Federation of Labor move its headquarters to Cleveland, Ohio, for we have a bank there where any trade union can deposit funds and defy any court to reach them. Their plan is this: Say a local has one thousand dollars in its treasury. Nothing is to prevent that local from re questing John Smith, a member of the local, from taking that money to the bank and securing depositor's certificates in its stead. He can then return these

depositor's certificates to the treasurer of the local union. There will be nothing on the books of the bank to show that the treasurer has a cent in the bank, and yet he can take these certificates of deposit, keep them in his safe or in a deposit vault and go to the bank whenever he needs money and get his funds.

Delegate Ramsay-The union men, Mr. Chairman, had an opportunity to place their treasuries beyond the reach of these persons, but they let that opportunity pass by on November 3d. I hope and trust the day will come when the union men will forget political affiliations of the past when they see that laws are being enacted that take away from their rights, and laws that are on the books are being misinterpreted so as to take away the few rights that are left. There is only one correct way to reach this, 'and that is to change the law. Whenever union men can stand together and go to the legislatures and say, "You who give us laws that give us equality we will recognize, and those of you who do not we will remember, not on the floor of the Convention of the American Federation of Labor and forget at the ballot box, but we will remember you there." When you do that, those lawyers who are SO decried at Convention time, and those legislators who are on the wrong side of the fence, will take heed and get over on the right side. If you have money in your treasury you cannot evade having it levied on so long as the right of injunction prevails and is so readily issued.

President Gompers-Discussing this matter with competent attorneys this statement was made: "Yes, suppose you do find a way by which through subterfuge you evade the processes and order of the court in mulcting your organization in damages under the interpretation of the Sherman Anti-Trust Law, or by fines in cases of contempt proceedings-suppose you do that, the court may thereafter appoint a receiver, not necessarily in order to get the money you have in some way secreted, but to get the money that is being contributed." The receiver would receive the per capita tax, the assesments or the voluntary contributions, and then we would have, instead of the secretary-treasurers or the secretaries and treasurers of the American Federation of Labor and the

International unions receiving the payments of the members and of the local and International unions, a court officer receiving the moneys and turning over to the courts the fines imposed and giving you what was left. In other words, the American labor movement, instead of being conducted by its duly elected officers, would be conducted by receivers appointed by the courts.

Delegate Furuseth-I would like to ask one of the British Fraternal Delegates to give us their experience. It is of great importance that we have all the information we can get on this question.

Fraternal Delegate Skinner-Before the Taff Vale decision, which was a judgemade law, the unions were supposed to be immune in that respect. If an offense was committed against the common law by an official of a labor union he was held responsible, but the Taff Vale decision made the unions responsible in damages when they induced men to leave their work or tried to prevent other men from taking their places when they struck. The injunction was applied for against the Amalgamted Society of Railway Servants. The injunction was granted and the courts had charge of the union's funds. The case was tried and the union found guilty of breach of contract and interfering with the business of the railway company. They were assessed in heavy damages.

Then there was the miners' case. Men working in a mine struck without the sanction of their executive council. They did not give the required notice, and that committed a breach of contract between themselves and their employers. Notwithstanding that, the union's executive council decided to contribute towards the support of the men who were out. One of the members of the union was induced by the employers to take action in the court and get an injunction to prevent the union from using its funds for the benefit of the men on strike. That injunction was granted and action taken against the miners' union for stopping work and damaging the company. In the first instance, I think, the courts gave damages of something like £180,000 against the Yorkshire Miners' Association.

A general election was well in sight at the time the last decision was given, and the Yorkshire miners instructed their

council to endeavor to have the case deferred until after the general election. That was a wise move, as events proved, because the decisions of courts often follow the ballots. They were successful in securing the postponement of the case until after the elctions, and to their astonishment, when the case went to the House of Lords, that body gave a verdict in favor of the miners' organization. We are quite confident that had that case been completed before the general elections it would have gone against the miners and placed them in a very serious position.

We have had two aspects of this. We have had employers appeal to get injunctions to prevent the men from using the money to maintain the men who were out, and, on the other hand, if an agent of the union was responsible for causing a single man to lose his employment that man could immediately enter a case in court and claim heavy damages from the union for losing his situation.

It seems to me you are in a position similar to the one we were in at that time. I have listened to the discussion

very closely, and to schemes to drive a coach and four through the law. The lawyers are watching these things very closely and will manage to circumvent the unions.

Fraternal Delegate Draper in the chair. A discussion of the Danbury Hatters' case, and of the working of "government by injunctions" generally was entered into. This was followed by a discussion of how these could be remedied by political action. Those taking part in the discussion were President Gompers, Delegates McCullough, O'Sullivan, Hayes (Max S.), Grout, Gallagher, Furuseth and Walker.

Or motion of Vice-President Duncan debate was closed.

The motion to concur in the report of the Committee on Treasurer's Report was carried.

Delegate Lewis (T. L.) moved that the report of the Adjustment Committee be made a special order of business for 10 o'clock Wednesday morning. (Seconded and carried.)

The Convention was adjourned under the rules to reconvene at 9 a. m. Tuesday, November 17th.