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Donald R. Richberg, Esq., Chicago, Ill., representing the Railway
turers, Washington, D. C...
Alfred P. Thom, Esq.,
general counsel, Association of Railway Execu-
James S. Easby-Smith, Esq., counsel, American Federation of Labor.
Donald Richberg, Esq., resumed.
COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES
HATTON W. SUMNERS, Texas, Chairman. ANDREW J. MONTAGUE, Virginia,
LEONIDAS C. DYER, Missouri. FRED H, DOMINICK, South Carolina.
C. A. CHRISTOPHERSON, South Dakota. HENRY ST. GEORGE TUCKER, Virginia. RICHARD YATES, Illinois. TOM D. McKEOWN, Oklahoma.
EARL C. MICHENER, Michigan. GORDON BROWNING, Tennessee.
J. BANKS KURTZ, Pennsylvania. EMANUEL CELLER, New York.
C. ELLIS MOORE, Ohio. FRANK OLIVER, New York,
FIORELLO H. LAGUARDIA, New York. W. V. GREGORY, Kentucky.
HOMER W. HALL, Illinois. MALCOLM C. TARVER, Georgia.
CARL G. BACHMANN, West Vriginia,
CHARLES I, SPARKS, Kansas.
DEFINING AND LIMITING THE JURISDICTION OF COURTS
SITTING IN EQUITY
HOUSE OF REPRESENTATIVES,
COMMITTEE ON THE JUDICIARY,
Washington, D. C., Thursday, February 25, 1932. The committee convened in the committee room, House Office Building, at 10 o'clock a. m., Hon. Hatton Sumners (chairman), presiding
Present: Mr. Sumners (chairman), Mr. Montague, Mr. Dominick, Mr. Tucker, Mr. McKeown, Mr. Browning, Mr. Celler, Mr. Oliver, Mr. Gregory, Mr. Tarver, Mr. Condon, Mr, Weaver, Mr. Dieterich, Mr. Dyer, Mr. Christopherson, Mr. Yates, Mr. Michener, Mr. Kurtz, Mr. Moore, Mr. LaGuardia, Mr. Hall, Mr. Bachmann, and Mr. Sparks.
The CHAIRMAN. The committee will be in order. The hearing this morning is on H. R. 5315, a bill to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes.
The bill may be inserted in the record. (Said H. R. 5315, is here printed in full, as follows:)
(H. R. 5315, Seventy-second Congress, first session) A BILL To amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity,
and for other purposes
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no court of the United States, as herein defined, shall have jurisdiction to issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute, except in strict conformity with the provisions of this act; nor shall any such restraining
order of temporary or permanent injunction be issued contrary to the public policy declared in this act.
Sec. 2. In the interpretation of this act and in determining the jurisdiction and authority of the courts of the United States, as such jurisdiction and authority are herein defined and limited, the public policy of the United States is hereby declared as follows:
Whereas under prevailing economic conditions, developed with the aid of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore it is necessary that he have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate the terms and condicions of his employment, and that he shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; therefore, the following definitions of, and limitations upon, the jurisdiction and authority of the courts of the United States are hereby enacted.
Sec. 3. Any undertaking or promise, such as is described in this section, or any other undertaking or promise in conflict with the public policy declared in section 2 of this act, is hereby declared to be contrary to the public policy of the United States, shall not be enforceable and shall not afford any basis for the granting of legal or equitable relief by any court of the United States, including specifically the following:
Every undertaking or promise hereafter made, whether written or oral, express or implied, constituting or contained in any contract or agreement of hiring or employment between any individual, firm, company, association, or corporation, and any employee or prospective employee of the same, whereby
(a) Either party to such contract or agreement undertakes or promises not to join, become, or remain a member of any labor organization or of any employer organization; or
(b) Either party to such contract or agreement undertakes or promises that he will withdraw from an employment relation in the event that he joins, becomes, or remains a member of any labor organization or of any employer organization.
SEC. 4. No court of the United States shall have jurisdiction to issue any restraining order or temporary or permament injunction in cases involving or growing out of any labor dispute to prohibit any person or persons participating or interested in such dispute (as these terms are herein defined) from doing, whether singly or in concert, any of the following acts:
(a) Ceasing or refusing to perform any work or to remain in any relation of employment;
(b) Becoming or remaining a member of any labor organization or of any employer organization, regardless of any such undertaking or promise as is described in section 3 of this act;
(c) Paying or giving to, or withholding from, any person participating or interested in such labor dispute any strike or unemployment benefits or insurance or other moneys or things of value;
(d) By all lawful means aiding any person participating or interested in any labor dispute who is being proceeded against in, or is prosecuting, any action or suit in any court of the United States or of any State;
(e) Giving publicity to the existence of, or the facts involved in, any labor dispute, whether by advertising, speaking, patroling, or by any other method not involving fraud or violence;
(f) Assembling peaceably to act or to organize to act in promotion of their interests in a labor dispute;
(g) Advising or notifying any person of an intention to do any of the acts heretofore specified;
(h) Agreeing with other persons to do or not to do any of the acts heretofore specified; and
(i) Advising, urging, or otherwise causing or inducing without fraud or violence the acts heretofore specified, regardless of any such undertaking or promise as is described in section 3 of this act.
Sec. 5. No court of the United States shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the