Do you mean to tell me, gentlemen, that any lawyer dares to assert that the power to control or regulate the jurisdiction of the Congress of the United States can be used for the purpose of depriving the court itself of its own constitutional powers or depriving the Supreme Court of the United States of the constitutional rights, or that it can be used for the purpose of destroying the authority of the Executive department? Why, that question was decided long ago.

I ask you gentlemen to read the case of the United States v. Klein (128 U. S.), and there you will see very plainly the case that is presented and where it was sought to do what? To destroy the effect of the pardoning power of Abraham Lincoln, who declared a general amnesty in the bitter controversy following the Civil War, and the Congress of the United States provided in a statute which it passed that the Court of Claims in an action before it by a person possessed of such a pardon, should not permit him to have its effect unless he deliberately disclaimed all the acts which he was alleged to have committed, and in this particular case Klein was the administrator of the estate of one Wilson, who it was shown had received a pardon from the President, but on his estate he had become a surety for a bond of two Confederate officers, and under the provisions of the act of Congress the claim of his estate for captured and abandoned property was to be denied under the act of Congress, and it was informed that not only when that fact was presented, that not only was the Court of Claims to disregard the pardon, but the Supreme Court of the United States should not have any jurisdiction of appeal to consider the effect of the pardon, although the Supreme Court itself had previously decided what the pardoning powers of the Chief Executive were, but nevertheless they took jurisdiction, and then they examined this question promptly raised by eminent counsel, that they could not have jurisdiction because Congress had taken it away from them. In that the Supreme Court of the United States answered:

Undoubtedly the legislature has complete control over the organization and existence of that court and may confer or withhold the right of appeal from its decisions.

And if this act did nothing more, it would be our duty to give it effect. If it simply denied the right of appeal in a particular class of cases, there could be no doubt that it must be regarded as an exercise of the power of Congress to make "such exceptions from the appellate jurisdiction" as should seem to it expedient. But the language of the proviso shows plainly that it does not intend to withhold appellate jurisdiction except as a means to an end.

And what was the means to that end? It was intended to destroy the effect of the Executive pardon, to prevent the court from passing it into effect or giving it effect, and I say when they undertake to tell this court how it shall decide cases before it under those circumstances and for that purpose, you are invading judicial power, and with the utmost respect it can not be done. You will see in here the same thing. You are giving those courts jurisdiction of the subject matter and then you are saying to them how that judgment of the facts may be made no matter what conditions may be present, but you have jurisdiction. You can not grant a remedy in this case because in this class of cases when you refuse to permit to exercise that right, that no matter what their judgment you can not form a judgment here, that is an injury and you are depriving them of the right by a deliberate destruction of property, an irreparable injury, and you can not

exercise or practice those rights for five days, subject to litigation about it, and if you do not exercise your power within five days, then it means destroying it. That is the end of judicial power of the United States, because the power to hear, to decide, to enforce in a controversy that right of the parties in that case would be utterly destroyed, and the equity structure which has been established by our forefathers during long centuries of law and builded up into this remarkable, flexible weapon we now possess, would be utterly destroyed in one class of cases. The power of enforcing authority of the court is there. That is what we are presented with in this matter. I will presently go further into this matter and I have declared here a number of propositions to which I will call your attention. In this brief you have here presented the proposition that, not that the act shall be made legal that is committed by one class of citizens as against any other class of citizens, that the Government of the United States representing the American people shall be denied the right to enter its own courts to secure the means of enforcing its own powers and perform its own obligations whenever it is confronted with the situation herein described in this bill. It is to set up arbitrarily in this case the case of the denial of that protection.

I can not conclude better in the limited time I am taking than to call your attention to a statement that seems to me so remarkably appropriate to the matter here presented to you from the lips of Mr. Justice Brandeis in his book on "Business a Profession," written and published just before his entrance upon the Supreme Court of the United States:

You may compromise a matter of wages, you may compromise a matter of hours-if the margin of profit will permit. No man can say with certainty that his opinion is the right one on such a question. But you may not compromise on a question of morals, or where there is lawlessness or even arbitrariness. Industrial liberty, like civil liberty, must rest upon the solid foundation of law. Disregard the law in either, however good your motives, and you have anarchy. The plea of trades-unions for immunity, be it from injunction or from liability for damages, is as fallacious as the plea of the lynchers. If lawless methods are pursued by trades-unions, whether it be by violence, by intimidation, or by the more peaceful infringement of legal rights, that lawlessness must be put down at once and at any cost.

Likewise, industrial liberty must rest upon reasonableness. We gain nothing by exchanging the tyranny of capital for the tyranny of labor. Arbitrary demands must be met by determined refusals, also, at any cost.

The CHAIRMAN. I am advised that 52 minutes have been con

sumed. You can arrange your time. It is almost the noon hour. Mr. EMERY. Very well, sir.

TRADE DISPUTES AND TRADE-UNIONS ACT ENACTED JULY 29, 1927

An act to declare and amend the law relating to trade disputes and trade-unions, to regulate the position of civil servants and persons employed by public authorities in respect of membership of trade-unions and similar organizations, to extend section 5 of the conspiracy and protection of property act, 1875, and for other purposes connected with the purposes aforesaid

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. (1) It is hereby declared

(a) that any strike is illegal if it

(I) has any object than or in addition to the furtherance of a trade dispute within the trade or industry in which the strikers are engaged; and

(II) is a strike designed or calculated to coerce the Government either directly or by inflicting hardship upon the community; and

(b) that any lockout is illegal if it—

(I) has any object other than or in addition to the furtherance of a trade dispute within the trade or industry in which the employers locking out are engaged; and

(II) is a lockout designed or calculated to coerce the Government either directly or by inflicting hardship upon the community; and it is further declared that it is illegal to commerce or continue or to apply any sums in furtherance or support of any such illegal strike or lockout.

For the purposes of the foregoing provisions—

(a) a trade dispute shall not be deemed to be within a trade or industry unless it is a dispute between employers and workmen, or between workmen and workmen, in that trade or industry, which is connected with the employment or nonemployment or the terms of the employment, or with the conditions of labor, of persons in that trade or industry; and

(b) without prejudice to the generality of the expression "trade or industry" workmen shall be deemed to be within the same trade or industry if their wages or conditions of employment are determined in accordance with the conclusions of the same joint industrial council, conciliation board or other similar body, or in accordance with agreements made with the same employer or group of employers.

(2) If any person declares, instigates, or incites others to take part in or otherwise acts in furtherance of a strike or lockout, declared by this act to be illegal, he shall be liable on summary conviction to a fine not exceeding 10 pounds or to imprisonment for a term not exceeding three months, or on conviction on indictment to imprisonment for a term not exceeding two years: Provided, That no person shall be deemed to have committed an offense under this section or at common law by reason only of his having ceased to work or refused to continue to work or to accept employment.

(3) Where any person is charged before any court with an offense under this section, no further proceedings in respect thereof shall be taken against him without the consent of the Attorney General except such as the court may think necessary by remand (whether in custody or on bail) or otherwise to secure the safe custody of the person charged, but this subsection shall not apply to Scotland, or to any prosecution instituted by or on behalf of the Director of Public Prosecu

tions.

(4) The provisions of the trade disputes act, 1906, shall not, nor shall the second proviso to subsection (1) of section 2 of the emergency powers act, 1920, apply to any act done in contemplation or furtherance of a strike or lockout which is by this Act declared to be illegal, and such any act shall not be deemed for the purposes of any enactment to be done in contemplation or furtherance of a trade dispute: Provided, That no person shall be deemed to have committed an offense under any regulations made under the emergency powers act, 1920, by reason only of his having ceased work or having refused to continue to work or to accept employment.

PROTECTION OF PERSONS REFUSING TO TAKE PART IN ILLEGAL STRIKES OR LOCKOUTS

2. (1) No person refusing to take part or to continue to take part in any etrike or lockout which is by this act declared to be illegal, shall be, by reason of such refusal or by reason of any action taken by him under this section, subject to expulsion from any trade-union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he or his legal personal representatives would otherwise be entitled, or liable to be placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the union or society, anything to the contrary in the rules of a tradeunion or society notwithstanding.

(2) No provisions of the trade union acts, 1871 to 1917, limiting the proceedings which may be entertained by any court, and nothing in the rules of a tradeunion or society requiring the settlement of disputes in any manner shall apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the court may, in lieu of ordering a person who has been expelled from membership of a trade-union or society to be restored to membership, order that he be paid out of funds of the trade-union or society such sum by way of compensation or damages as the court thinks just.

(3) As respects any strike or lockout before the passing of this act but since the first day of May, 1926, which, according to the law as declared by this act, was illegal, this section shall have effect as if it has been in operation when the strike or lockout took place.

PREVENTION OF INTIMIDATION, ETC.

3. (1) It is hereby declared that it is unlawful for one or more persons (whethe acting on their own behalf or on behalf of a trade-union or of an individual en ployer or firm, and notwithstanding that they may be acting in contemplation or furtherance of a trade dispute) to attend at or near a house or place where a person resides or works or carries on business or happens to be for the purpose obtaining or communicating information or of persuading or inducing any perso to work or to abstain from working, if they so attend in such numbers or otherwise in such manner as to be calculated to intimidate any person in that hous or place, or to obstruct the approach thereto or egress therefrom, or to lead to a breach of the peace; and attending at or near any house or place in such number or in such manner as is by this subsection declared to be unlawful shall be deeme to be a watching or besetting of that house or place within the meaning of section 7 of the conspiracy and protection of property act, 1875.

(2) In this section the expression "to intimidate" means to cause in the mind of a person a reasonable apprehension of injury to him or to any member of l family or to any of his dependents or of violence or damage to any person of property, and the expression "injury" includes injury to a person in respect of his business, occupation, employment, or other source of income, and includes any actionable wrong.

(3) In section 7 of the conspiracy and protection of property act, 1875, the expression "intimidate" shall be construed as having the same meaning as in this section.

(4) Notwithstanding anything in any act it shall not be lawful for one or more persons, for the purpose of inducing any person to work or to abstain from working, to watch or beset a house or place where a person resides or the approach to such a house or place, and any person who acts in contravention of this subsection shall be liable on summary conviction to a fine not exceeding 20 pounds or to imprisonment for a term not exceeding three months.

PROVISIONS AS TO POLITICAL FUND

4. (1) It shall not be lawful to require any member of a trade-union to make any contribution to the political fund of a trade-union unless he has at some time after the commencement of this act and before he is first after the 31st day of December, 1927, required to make such a contribution delivered at the head office or some branch office of the trade-union, notice in writing in the form set out in the first schedule to this act of his willingness to contribute to that fund and has not withdrawn the notice in manner hereinafter provided; and every member of a trade-union who has not delivered such notice as aforesaid, or who, having delivered such a notice, has withdrawn it in manner hereinafter provided. shall be deemed for the purposes of the trade-union act, 1913, to be a member who is exempt from the obligation to contribute to the political fund of the union. and references in that act to a member who is so exempt shall be construed accordingly: Provided, That, if at any time a member of a trade-union who ha delivered such a notice as aforesaid gives notice of withdrawal thereof, delivered at the head office or at any branch office of the trade-union, he shall be deemed for the purposes of this subsection to have withdrawn the notice as from the first day of January next after the delivery of the notice of withdrawal.

For the purposes of this subsection a notice may be delivered personally or by any authorized agent and any notice shall be deemed to have been delivered at the head of a branch office of a trade-union if it has been sent by post properly addressed to that office.

(2) All contributions to the political fund of a trade-union from members of the trade-union who are liable to contribute to that fund shall be levied and made separately from any contributions to the other funds of the trade-union and no assets of the trade-union, other than the amount raised by such a separate levy as aforesaid, shall be carried to that fund and no assets of a trade-union othe than those forming part of the political fund shall be directly or indirectly applied or charged in furtherance of any political object to which section three of the trade-union act, 1913, applies; and any charge in contravention of this subsection shall be void.

(3) All rules of a trade-union made and approved in accordance with the requirements of section 3 of the trade-union act, 1913, shall be amended so as to conform to the requirements of this act, and as so amended shall be approved by the registrar of friendly societies (in this act referred to as 'the Registrar" within six months after the commencement of this act, or within such further

ime as the registrar may in special circumstances allow, and if the rules of any rade-union are not so amended and approved as aforesaid they shall be deemed ot to comply with the requirements of the said section.

(4) Notwithstanding anything in this act, until the 31st day of December, 927, it shall be lawful to require any member of a trade-union to contribute to he political fund of the trade-union as if this act had not been passed.

(5) If the registrar is satisfied, and certifies that rules for the purpose of omplying with the provisions of this section, or for the purposes of the tradeinion act, 1913, as amended by this act, which require approval by the registrar ave been approved by a majority of the members of a trade-union voting for he purpose by the executive or other governing body of such a trade-union or y a majority of delegates of such a trade-union voting at a meeting called for he purpose, the registrar may approve those rules and those rules shall thereupon ave effect as rules of the union notwithstanding that the provisions of the rules of the union as to the alteration of rules and the making of new rules have not been complied with.

(6) Section 16 of the trade-union act, 1871 (which provides for the transmission o the registrar of annual returns by registered trade-unions) shall apply to every inregistered trade-union so far as respects the receipts, funds, effects, expendiures, assets, and liabilities of the political fund thereof.

REGULATIONS AS TO ORGANIZATIONS OF WHICH ESTABLISHED CIVIL SERVANTS MAY BE MEMBERS

5. (1) Amongst the regulations as to the conditions of service in his Majesty's ivil establishments there shall be included regulations prohibiting established ivil servants from being members, delegates, or representatives of any organizaion of which the primary object is to influence or affect the remuneration and conditions of employment of its members, unless the organization is an organisation of which the membership is confined to persons employed by or under the Crown and is an organization which complies with such provisions as may be contained in the regulations for securing that it is in all respects independent of, and not affiliated to, and such organization as aforesaid the membership of which s not confined to persons employed by or under the Crown or any federation comprising such organizations, that its objects do not include political objects, and that it is not associated directly or indirectly with any political party or organization: Provided, That the regulations made in compliance with the provisions of this section shall not prevent

(a) any person who is at the commencement of this act an established civil ervant from remaining a member of any trade union or organization not composed wholly or mainly of persons employed by or under the Crown of which he ad, at the commencement of this act, been a member for more than six months, f under the rules thereof there had on the 4th day of April, 1927, accrued or begun to accrue to him a right to any future payment during incapacity, or by vay of superannuation, or on the death of himself or his wife, or as provision for ais children; or

(b) any person employed at the commencement of this act by or under the Crown who thereafter becomes an established civil servant from remaining, so ong as he is not appointed to a position of supervision or management, a member of any trade-union or organization, not composed wholly or mainly of persons mployed by or under the Crown, of which he is a member at the date when he so becomes an established civil servant, if under the rules thereof there has at that late accrued, or begun to accrue, to him a right to any future payment during ncapacity, or by way of superannuation, or on the death of himself or his wife, r as provision for his children; or

(c) a person who in addition to being an established civil servant, is, apart from is service, as such, also engaged in some other employment or occupation from being a member, delegate, or representative of any trade-union or organization, of which the primary object is to influence or affect the remuneration or conlitions of employment of persons engaged in that employment or occupation. (2) Subject as hereinafter provided, any established civil servant who conravenes the regulations made under this section shall be disqualified for being a ember of the civil service: Provided, That, in the case of the first offense, a civil ervant shall forthwith be warned by the head of his department, and the said lisqualification shall not take effect if within one month after such warning the ivil servant ceases to conravene the said regulations.