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I LLINO

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UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN

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MBLEM

OPEN SHOP

THE ASSOCIATED EMPLOYERS

y

OF INDIANAPOLIS
INCORPORATED

P

can

IN
DS
SHOP

EM NOn.ARN
1407

M

GENERAL OFFICES
Gmel

ATs

BANK BLDG.

A

1406-07 MERCHANTS BANK BUILDING

ANDREW J. ALLEN
SECRETARY

A BILL TO
PROHIBIT PICKETING AND BOYCOTTING
(Introduced in the State Senate.)
January 28, 1921
TO ALL INDIANA EMPLOYERS, CIVIC
AND BUSINESS MEN'S ORGANIZATIONS:
Senate Bill No. 140-To prohibit picketing and boycotting, (copy of bill enclosed) was jntroduced in
the Indiana General Assembly by Senator Arthur R. Baxter of Indianapolis, on January 27th, and referred to
the Senate Committee on Rights and Privileges which is composed of the following State Senators:-Chairman,
Miles Furniss, (farmer of Lynn), Howard Cann, (manufacturer of Frankfort), Wm. M. Swain, (manufacturer
of Pendleton), Chas. J. Buchanan, (undertaker of Indianapolis), Oliver E. Dunn, (merchant of Spencer),
F. Harold Van Orman, (hotel manager of Evansville), and Wm. A. Arnold, (attorney of Salem).
The need of an anti-picketing and anti-boycott law is urgent and state-wide. The record of strikes
that have occurred throughout this commonwealth during the past few years is replete with unlawful and riotous
interferences with the contractural employment relationships of employers and employes, affecting business,
commerce and industry, and the peace and good order of the whole State. The court records in many Indiana
Cities bear mute evidence of these conditions in the numerous cases where injunctions have been sought and
secured to protect the rights of person and property of both employers and employes from unlawful invasion
and abridgement.
IATELY
We therefore suggest to each employer who receives this communication that he should IM
write a strong personal letter to each member of the Senate committee on Rights and Privileges and to his
respective State Senators, expressing his views on this Bill. Naturally State Legislators desire to know what
the majority sentiment is and what the true conditions are that make legislation necessary. Labor union misleaders already have their opposition machinery in operation, and no time should be lost in reassuring State
Senators that the whole people which includes working people who need and want protection in employment,
are in favor of this proposed bill.
The next step you should take is to bring this matter to the IMMEDIATE attention of the officers
of all civic and commercial bodies, clubs, societies, trade and business organizations to which you belong,
and have them urge upon their members the necessity of writing AT ONCE to their respective State Senators
and the committee, expressing their views with respect to this legislation, and urging the passage of said Bill.
Employers throughout the State who have experienced business interference through picketing and boycotting, should detail the circumstances of these occurrencesin their letters to the State Senators. This will help
to show the legislators the need of remedial legislation in behalf of the public peace, safety, morals, progress
and prosperity of Indiana.
The Senate Bill in question, is similar to the City Ordinance which was passed by the Common Council of Indianapolis on September 19th, 1919, and the constitutionality of which has been upheld in City Police
Court, in Marion Circuit Court, and in Johnson Circuit Court.
te
At the time the Indianapolis ordinance was passed, The Indianapolis News said editorially on Oct.
15th, 1919:-" There exists in our country a doctrine of the right towork. * * * * Interferencewith the right to
work is what causes most of the trouble in districts where strikes are in progress. * * * * Every man should
have the privilege of saying when he will accept employment and when he will refuse. * * * * Organizers of labor
speak with indignation of employers who would deny men the right to work because they belong to unions
-but some of the sympathy is lost when unions attempt to deny the right to work to men not of their way of
thinking. * * * When he (the picket) uses force to prevent men from working where they please and how they
please, he has gone so far that the law must restrain him."
And again on another recent occasion The Indianapolis News said editorially:-"As to picketing
generally, it must be said that men have a right to employ whom they please, and to work for whom they please,
and also that people are guilty of no offense when they patronize places of business that are picketed. The
purpose, of course, is to injure or destroy businesses that are conducted in a perfectly lawful manner and
that purpose may properly be declared to be unlawful."
"There is a question involved (in picketing) that is not often discussed," said the News, "and that is
as to the proper use of the streets and sidewalks. This question assumes considerable importance when the
picketing is put in force in downtown streets. It undoubtedly interferes with the legitimate use of the sidewalks,
which are meant for the people to use in going from one place to another. Men moving back and forth over
a narrow front all day do as a matter of course obstruct traffic. This of course is still more true when they
interfere, even by spoken word, with those seeking to enter the picketed premises. The thing is clearly a nui,
sance."
It is now pretty generally recognized by the courts and laymen, that there is no such thing as peaceful
picketing any more-than there can be any other form of lawful lawlessness. The presence of pickets about
a place of employment is sufficient to intimidate the worker against whom this display of force is directed,
whether or not that force is put into action. Another reason why those who work have reason to distrust
and fear pickets, is because they are called such rude and offensive names as "scab", "rat", "fink", "slacker",
"rattler", "yellow dog", etc. Pickets watch and spy upon workers against whom they have an imaginary
grudge; follow them on the streets, into street cars and to their homes; point them out for the intended scorn

"4RG

T

1 t3

I-E-.AT

SU

IN

ORT

OF

LO. 14.

BI

January 28, 1921.
To prohibit picketing and boycotting for the purpose
inducing workers to quit or refuse
of
employment, and to forbid the mainteice of a
b tcot t .
Senate Bill No. 140 - (Imvrn as the Anti-Picketing a . AntiBolrcott Bill) - n7 pending before the Indiana General Assembly, does not prepo:
to make ptnishable, any act which is already made punishable by law as an
offense against the State, nor is said bill inconflict with any present law
of Indi ana.
This Bill is in thorough accord with public
and human needs, and in behalf of the enforcement of good
order"and public security. Its passage will make for the
lives, health, morals a' property of the whole people of

praposed

policy, social justice
government, law and
protection of the
tiis State.

Bill does not attempt to prohibit any act or provide
The
given the right to
a penalty for the doing of any act, which any citizen

is

perform by the existing laws and Constitution of the United States or the State
of Indiana. Said Bill does not affect a classification of citizens, including
some and exempting others, but z)plies without discrimination, to each and
every citizen of the State who attempts to indulge in the unlawful p~actices
of picketing. This Bill is intended to and will operate equally upon all mdiprovisions
viduals and groups of citizens, thus satisfying the
against discrimination.

constitutional

If the

this
application of group Bill, in event of its passage, should
of society because that particular

in effect discriminate against any

group happened to be the only one that violated the law, then it would be but
the natural result of the inherent conceit ions of picketing pertaining to that
group, but such discrimination would not be the fault of the law
self.
it

particular

the right

The laws of this country do not grant the privilege, or
or the license

to

any group of

citizens,

to prevent any person from freely.

, or

in

to prevent them from
employment
securing or entering into or continuing
legitimate business and the proposed Bill merely prohib.patrpnizing
freely
tts-such-unlaw-

any
l interferenceAhrough1the

of picketng and boycott_
w.0ices

"life, liberty and the pursuit of hapiness. ;i
It is either right or wrong to interfere with personal and proper
rights through the process of picketing. The Bill in question proposes that
the State Legislature shall definitely say, that picketing for purposes which
the Courts of the land are unanimous in holding are illegal, is unlawful in
Indiana. And only those assemblages are forbidden which are for the unlawful
purpose of picketing with the intent toprocure or compel other citizens three.
tear, to cease or refrain from working and patronizing lawful businesses.

for

lawful

use of the streets
INo citizen is deprived of the
legitimate purposes, but safd Dill would prohibit their use for. the tztlawul
miorpose of picketing with intent to injure other citizens in person, property
or business. The Bill dies not prohibit the doing of overt acts which generally

-which

are offenses against the tate
y picketing and
rout, offending persions o the street, etc.,
and battery,
it does
punishable by present laws and ordinances) accompA

riot,

bat

of

.Which
specifically
-

(such as.assault

are
prohibit

of the

ert
itself . A picket might be punished for a~
,ticeting
the act
be punishable under the 'anti- picl tinge' lx,
acts enumerated and still
in the absence of such a law, there is nothing to
being -twice in Jepardy

And

rrevent the pick~ets from returning to reeat their ttacper after
for other offenses not covered in the pr(3opoe ~ll.

without

pimisliiet

:Page 2.

And now, as to picketing itself,

and

the nural

inevitable results

of this barbarious and illegal practice, are disturbances of the peace, disorderly
assemblages, rioting, destruction o' property, and the u lawful invasiui of the
rights of humanity in general, In the absence of legislation to the contrary,
lbsenoe of a fixed panelty for the doing of
nothing is unlawful in Indiana in
certain things. offenses against the State are all fixd by statute. The'proposeL
la to abolish picketin and the bocott, is simply a measure designed, not to
abridge the lawful right of free speech and lawful conduct, but to limit the mner
in which these lawful rights shall be exercised rithout unlawful injury to others.
The act of 'icketing" has been defined by the Supreie Court of
Alabama (189 Ala. 66; 66 So. 65w) upon the strength of the'definition given in
7ebsters and the Century Dictionary as:.
"A body of men belonging to a trade union sent to watch and

"belonging to the union

in a shop not
a strike is in progress's.

men working

or against

annoy
which

In Oregon the Supreme Court-of that State (169 Pac.515) has
approved the folloping definition from Black's Law Dictionary:'Picketing, by members of a trade union on strike, consists in
posting members at all the approaches to the works struck
against, for the purpose of observing and reporting the workmen
going to and coning from the works, and of using such influence
as may be in their power to prevent the women from accepting
work there."
Circuit Court (110 Fed. 698) defined
The United States
picketing as:- "The establishment of an organized espionage upon the works and upon
those going to and from them".
In the case of Beck V. Railway Teamsters' (118 Mich. 497, 74
word originally
421,77 TJ.7 12, 42 IJ.RA. 407) the Court
#Rep.
Am. St.
had no such meaning. This definition is the result of what has been done under
it and the common application that has been made of it."1

said: "The

"The

tern is appropriately borrowed from the nomenclature of
case of Otis Steel v. Union, Supra, and in
actual warfare"', slid the Court in
of Seattle (4 L.R.A. H.S." 302), the
Cook's and "aiters'
the case of Jensen
Court 'stated:- ". .. The boundary between lawful and unlawful conduct in the

the

v.

to leave

the
to enterto such employment, is .less line between
actual violence,
Open threats, much
induce persons, not under contract,

ef fort

another's erployment , or not

peaceable persuasion and intimidation

*.

...

nevnt4iton-of4int.iidation.
o

im

nr
'nd;

"It is

may

are not an indispensable accomran-.
is
1t'd
ThatIwhich in appeaancend ouf

fndamentally true that

form

whatever

may be enjoined by a

by legislation be declared maluzn prohibit'. ", said the Supreme
Court of equity,
case of Bleck V. Railway Teamsters'
Court of Oregon, (169 Pac. 315 , Page 518). In
It (picketing) itself is an
inion previously cited, the Court also said:- "...
arrantable irterference with the right of free trade.
:pct of intimidation and an
she highways and public streets must be free to all for the purpose of trade, com-erce and labor. The law protects the buyer, the seller, the merchant, the manu'aoturer and the laborer in the right to walk and use the streets u colested.

titie

u

occasion of war", said the Court
certainly is an evidence
in Otis Steel Co. v. Local Union, (110 Fed.
the teirm is appropriately bo-o red from the nomenclature of
that war ex~ists,
::actual warfare. This system, constantly kept up, in its nature leads to disturbance

' 7iie picketing may not be an

and
?fld has a tendency to intimidate.
:ould be
1.4wnst

696),"it
only

in which it could be effective,

to produce in the minds of the non-union men, who have been employed
the wishes and orders of the union, a feeling of fear that the menacing
..

.

The

way

eres of this numerous organiized body of men composing the union,
icome

purpose not

The

friendly."

Iowa

r"as

(1.39

upon them for

Fed. 582) saidi
ease
hz
and can be no such thing as peaceful picetng,9*mr
0*I There is
'
b chstevulariyor ;peaceful mobbing, or lawful lynching. ..hen men
thee cn
h oy
not organize a pifcket line.
toconers or-rsuade, they
w~x

Unted. States Circuit Court ina

do

Page 3.

want to see who are at work, they go and see, and then leave and disturb no one
physically or mentally. But such picketing as is displayed"in the case at bar by
the evidence, does and was intended to annoy and intimidate. The argument seems to
be that anything short of physical violence is lawful. One man can be intimidated
only when knocked down. But the peaceful, law-abiding man can be and is intimidated by gesticulations, by menace, by being called harsh names and by being
foll~ved, or compelled to pass by men known to be unfriendly, . ,This
court has
a concern that peace and quiet prevail and that a state of 'serfdom' shall not
exist, by a so-called system of 'picketingt of one crowd of men over another. No
self respecting man will submit to it. Nor does he have to resort to force to
get rid of it".
In New Jersey, the Court of Chancery (66 Atl, 953) said:- . . . "The
complainant is entitled to have the defendants restrained from establishing or
continuing such picketing, for the only purpose to be served is to intercept persons
coming to seek employment with the complainant, and a Court should judge of the
right to maintain that sort of surveillance over a complainant's business according to its evident intent and purpose.
"In its mildest form it is a nuisance" continued this Court, "and
to compel a manufacturer to have the natural flow of labor to his employment siftec
by a self-constituted and a gigantic committee, w4ose very presence upon the highway for such purpose is deterrent, is just as destructive of his property as a
boycott which prevents the sale of his product. . . ,The single object sought to
be obtained by picketing is to prevent the complainant from continuing its business
by depriving it of one of its essential necessities, namely, labor; for, if the
picketing has not that object, the reason for maintaining pickets would not exist".
The Supreme Court of California (103 Pac. 324) has declared that:"
. The Public's rights are involved the moment the means employed are such
as are calculated to, and naturally do, incite to crowds, riots, and disturbances
of the peace. A picket, in its very nature, tends to accomplish, and is designed
to accomplish, this very thing. It tends to and is designed by physical intimidation to deter other men from seeking employment in the places vacated by strikers.
It tends and is designed to drive business away from the boycotted place, not by
the legitimate means of persuasion, but by the illegitimate means of physical
intimidation and fear. ..
.,:lanypeaceful citizens, men and women, are always
deterred by physical trepidation from entering places of business so under a boycott patrol. It is idle to split hairs upon so plain a proposition and to say that
the picket may consist of nothing more than a cotted place. The plain facts are
always at variance with such refinements of reason".
The Commonwealth v. Hunt, 4 mete. (Mass. 111,38 Am. Dec. 436,)Chief
Justice Shaw said:- "If it be said that neither threats or intimidation are used,
no man can fail to see that there may be threats, and there may be intimidation,

and there may be molesting, and there may be obstructing, without there being any
express words used by which a man should show violent threats toward another, or
any express intimidations. We think it plain that the very end to be obtained by
picketing, however artful may be the means to accomplish that end, is the injury
of the boycotted business through physical molestation and physical fear, caused to
the employer or to those whom he may have employed or who may seek employment from
him and to the general public. The boycott having accomplished this means for
this unquestioned purpose is illegal and a court will not seek by over-niceties and
refinements, to legalize the use of this unquestionably illegal instrument,"
The Supreme Court of Illinois in the case of Chicago Typographical
f
TUnion V. Barnes (232 Il1. 424,83 N.E. 940; 14 L.R.A. I.S. 1018) has held thati 'The veryact act establishing a picket ine is evidence of an intent to ann,
of
emharass and intimidate, whether physical violence is resorted to or not, . . ,If the
watching and besetting of the workmen is carried to such a length as to constitute
annoyance to them or their employer, it becomes unlawful.
.
Any picket line
ust result in annoyance to both to
emplyer and the workmen, no matter what is
said or done, and to say that the Court is to detemte by the degree of annoyance
.hether it shall be stopped or not, would furnish no guide, but leave the question
to the individual notions or bias of the particular judge.
To picket the complainant's premises was in itself an act of intimidation and an unwarrantable interferce with their rights".

an

the

The Supreme Court of Massachdsetts, - 24 Cyc. P. 836 (Re. 167 Mass,
92, 44 N.E. 1077; 57 A.U. St. Rep. 443: 35 L.R.A. 722) - announced the doctrine that
among the first
may be a moral intimidation which is illegal" abd
('ere
judicial steps taken in this country toward overturning the rule permitting peaceful
picketing . . .and was a forerunner of the later rule that there can be no such
thing as peaceful picketing, and consequently that all picketing is illegal".

1was

The Supreme Court of Michigan (178 Mich. 305, 144 N.a. 841, 50 L. R.
A, N S 412) has said:"It is urged that because petitioner stationed himself at
this place and said nothing and did no overt act of interference, that his acts
if found to be picketing, were lawful, . .
The later and more reasonable rule,
howvever, holds .that all picketing is illegal,"

Page 4.
In Alabama the Supreme Court of that State (189 A
65?) said:
Perhaps our Legislature has taken the view, adopted by eo*Courlts,
that in actaal practice there Is and can be 1 such thins as ,eacel pic 3tifl
l
or peaceful persuasion. Certainly this is the effect of the Statute"t

66,

In California (177 Pac. 664), the Court held that:- "The question
presented involves the subject of peaceful picketing.*
Coercion, lea, or
intimidation cannot be resorted to for the purpose of enforcing A.boycott:.
The weight of authority. .
(is)to regard. picketing as inherently illegal for
the reason that it is inseparal,y associated with acts that are undispitably
illegal. Accordingly it has been held that there is no such thing as peaceful
picketing, any more than there can be peaceful mo ing."
This Court of California further said in the same finding:- "In
harmony with this view is the c(,nclus ion reached by our Own Supreme Court ih
Pierce V. Stablemen's tnion (156 Cal. 70. 193 Pac. 324) where it is held that
equity will enjoin striking employers who have established a boycott against their
former employer, from maintainng
a picklet about h. place of business upon the
ground that a picket in its ve:ry nature tends to
does accomplish its object
by the illegitimate means of physical intimidation and

and

fear".

The Supreme Cotr of California in another recent case (179 Pac 417)
stated: "Ours is not a goverrment of liberty under license, but under lawe.
The conce: ded acts of the deendants were an illegal interference with plaintiff's
rights. It needs no agreemeut to convince any God-fearing, liberty-loving, homedefending and humanity-help#ng individual in this enlightened day, of that fact.
Such conduct aediaclosed by the record here we think not only constituted an
illegal interference with
ahe
plaintiff's rights, but became and was as to them
a private nuisance.. +.
"Peaceful pickeing I There is no such thing if the term is intendedto
apply to the facts as they are shown to be by the record in the case at bar,
continued the Court.
"19 are in full accord with the doctrine announced in.the
case of
v, Gee,. (C' C. 139, Fed. 582) where it is held that 'there is and
can be bo such thing as peaceful picketing,
anymore than there can, be chaste vulgarity, or peaceful mobbing or lawful lynch-

Atchison

In Texas in the case of In. re Tom 0. Stout (Tex. Cr, App, . R A. 1918,
I.
p. 297),the Court sar~i; "It was the duty of 31 Paso by such an (anti picketing)
ordinance to protect 'Aim (the employer) in the conduct of his business, otherwise
the city would not htrae been doing its duty to him and other citizens 'to preserve
enforce good
governtaent, order and security of the city and
* fA AhritesAbove afuted 2Nwich shw
w
AL
hSat theactsofreltoAwhchar

4

andi

has the right to injure or disturb his business because he so chose to run it."
Ili the Alabama case of Hardie - Tynes Mfg. Co. v. Cruse (189 Ala.
6,66 Soc. 657). the Court said:
"Certain it is that a right to actively and
=drectly interfere
and to prevent the operation of the lawful business of
-tother is not included among the inalienable
of life, liberty and the
ursuit of happiness.
liberty guaranteed by the Constitution is liberty
regulated by law and the social compact; and in order that all men may enjoy
liberty,
but the tritest truism to say that-every man must renounce unbridled~
: cense. So, wherever, the natural rights of citizens would, if exercised withoiut
restraint, deprive other citizens of rights which are also and equally natural,
such assumed rights mast yield. ..
It is clear that this notion of liberty utterly
ignores the'other fellow' and denies to him the very freedom it (picketing) is
claiming for itself,"'

with

The

rights

It-is

The lUnited States Circuit Court iu'the case of Otis Steel Co. ve
Local Union, etc. (110 Fed. 698, ) said: ".
.*It follows with more force that
a self constituted body of men, deriving no authority from recognized law, should
not be permitted to originate edicts' for the goverment of others and attempt to
enforce them by any ieans whatsoever,. . .E.ach
~an
has a right to use his life.
and ability to labor undisturbed by any interference whatsoever so long as he
does not, in the exercise cC that right, disturb the right of any other man tO
do the same thing."

Exart

In Los Angelan, California, in the case of
i
?ac. 1Q35), the Court said: "As to the provision cocerning Pickti
"cr
purpose of intimidation, threatening, etc. I have no doubt that it is a valid
exercise of he powers of the local Lggislat'&re."
Tlhese Court decisions very cleary showta
h odr
iwQ
picketing is that "it s illegae under all circumstances because
it is
a nuisance; (b) it is intended to iiti5midate and coerce and has a tendenyso to
do and it, is fact, itself an act of intimidation; (ci it naturally leads to
disturbances of the peonce; (d) it tends to incite crowds, riots and disorder
and to frighten persons unconnected ,iith the dispute involved; (e) it is inseparably associated with illegal acts,"

(a)

In the

in

substance

that?"

ome Telephone

Company case in Toledo, Judge

Killita held

is
The right of ohe man to work,,as mLoh entitled to respect as the
right of another to cease work or to strike, The right of an ern.lyer to engage
Whosoever he wishes, is as strong as the right of an erffoye to refuse to work
act of speech of gesture or of conduct rhi h
fair-minded man may
reasonably judge to be intended to convey insult, treat or annoyance to another,
or to work assault or abuse upon him, is unlawful.

Every

ny

generalization

Judge Killits held that it is a safe and proper
that any action having
it the element of intimid
or coercion or a
e,
physical or verbal, or of invasion of rights of Privac, , hen rot performed unde
sanction of law by those lawfully empowered to enforce the law, is
man -has the right of privacy and 'feedom from
by private persons, hostile or otperwise at his home, at his lodging, at his place of work;
he has the right to walk the streets without annoyance and from the unwelole
attention or treatment of others, so long as he conducts himself in a lawful
manner and
due regard for the rights of others

Ever'

molestation

unlwful,

with
The

decision-of Judge Killits has been surrnarized in partafollow,:

Every man has the right to the pursuit of his lawful business, occupat ion or employment undisturbed, and any act performed with intent to inf rine
upon or abridge his lawful rights, or with intent to disturb the :full and-un
restrained exercise and enjoyment of 15s faculties, arid personal wishes and
lawful freedom, is plainly unlawfuls And regardless of whether or not a strike
is in progress, the following acts among others are unlawful and it should be
made illegal by statutory enactment, for

One or more persons to force his or their talk upon the turlisten against his will.
c mel him

w l ing ear of another;

1),

to

One or more personsto persistently follow another to and

to

from

his home or lodging, or about the city, forcing
his work,
upon 'himriunwilli D7their, attentions, or to suggest to him
their

,

to

hostil.ity

unless he meets his or their views.

For one or more persons to assemble or congregate on the public
place of business or employ
boycott a
highays, to p cezit
ment for any purpose Whatsoever, and to prevent interference with
the right of an erployer to have free access to and from hie

and

place of business for

ei
mployes and patrons to the ed

that

the public hi gi'vays :.in front of his place of business may be

clear of pickets, crow~s, by-standers, curiosity. seekers and
similar assemblages incidenat to picketing,

ASOIAT

Submitted by the
~PLOYRS OF IIWIAXrAPOLIS, Inc,
Merchants Bank Building.

1406-07

kept

Anti-Picketing and Anti-Boycott Bill
Introduced by Senator Arthur R. Baxter in the 72nd. General Assembly of Indiana, on January
27, 1921, and referred to the Senate Committee on Rights and Privileges, consisting of Chairman Miles Furniss, Howard Cann, Wm. M. Swain, Chas. J. Buchanan, Oliver E. Dunn, F.
Harold Van Orman and Wim. A. Arnold.

(COPY)
SENATE BILL No. 140

A BILL FOR AN ACT
To prohibit the watching, besetting or picketing of premises for the purpose of coercing, intimidating or inducing by fear, any person or persons to quit employment, or from freely seeking to enter, or freely entering
into employment, or for the purpose of maintaining a boycott; making the same a misdemeanor, and
prescribing penalties therefor; and declaring an emergency.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That it shall be unlawful
to watch, beset or picket the premises of another where any person is employed, or any approach thereto;
or any place or the approach thereto where any employee lodges or resides, for the purpose of threatening,
intimidating, compelling, coercing or inducing, by reason of fear, any person employed to quit employment,
or any person from freely seeking to enter, or freely entering into employment.
SECTION 2. It shall be unlawful for two or more persons in association or agreement to assemble, congregate or meet together in the vicinity of any premises where other persons are employed, or upon the streets,
approaches or places adjacent thereto, for the purpose of coercing, intimidating, threatening or compelling
or inducing by fear, any person or persons employed to quit their employment, or any persons to refrain from
seeking to enter or freely entering into employment.
SECTION 3. It shall be unlawful for any person to utter to, or within the hearing of any person or persons, any derogatory, opprobrious or indecent epithet or language, or make any gesture or threat, for the purpose of coercing, intimidating or inducing by fear, any person to quit employment, or any person to refrain
from seeking, to enter, or freely entering into employment.

SECTION 4. It shall be unlawful to watch, beset or picket the premises of another, or the streets, approaches or places adjacent thereto, for the purpose of preventing, hindering, threatening, compelling or
coercing any person or persons from freely entering into such premises or place of business or employment, or
to refrain from patronizing, transacting business with, or negotiating with the owner or occupant of such premises, or for the purpose of conducting or maintaining a boycott upon the business carried on in such premises.
SECTION 5. Any person who shall violate any of the provisions of this Act shall be guilty of a misd.meanor, and upon conviction thereof shall be fined in any sum not less than ten dollars, nor more than ive
hundred dollars, or imprisoned in the Indiana State Farm or Indiana Women's Prison for not more than sixty
days, or both.
SECTION 6. An emergency is hereby declared to exist for the immediate taking effect of this Act, and
the same shall take effect immediately upon its passage and approval by the Governor.

Additional copies of this bill can be obtained free of cost, from the

Associated Employers of Indianapolis, Inc.
1406-07 Merchants Bank Building

ei~V~aerrOF IWMLII
CzPLJS
-AQcIAED E
i4Q5-07

Mr. James

er

bans

S,
oF - IANAPOLI
Balk Bildi .DEC11192

A.
Eery,

Counsel,
National Industrial Council.
50 Church St.,
NEW YORK CITY.
Dear Mr. Emery:Your supplemental petition, filed with the United States Railroad
date of August 2nd, 1921, on behalf of the original Petitioner
In Intervention, appears to this Association to be well founded in the contentio
as expressed in your letter to us, that if the Railroad Labor Board holds that e
isting law does not authorize intervention by the public whose paramount interes
the Transportation Act was enacted to protect, "a remedy for the situation shoul
be found by amending Section 309 of Title III of the Transportation Act in order
to protect this vital right of the public. "

Labor Board under

the

This Association has previously written Chairman R. M. Barton of
V. S. Railroad Labor Board - (5 North Wabash Ave., Chicago))rsupporting your
Petition in Intervention originally filed with the Board (Docket No. 404, Federby the National Association of Manated Shop Crafts, vs. Pennsylvania
Association, National Founders' Associatio. .nd the
facturers, National Erectors
Metal Trades Association, and the seventh paragraph of which petition
reads as follows:
"7. Your petitioners further submit that if your Honorable'

Rail-road)

National

Board doubts either their authority or the expediency. of

permitting petitioners to intervene , they may be heard at
S
such time and place, as you may appoint jJP0IT
either through counsel or given opportunity to submit a brief 2
,ie note from the copy which you send us of the Railroad
ruling of July 29th on the Petition in Intervention, that Chairman

"The Board deems it
of dispute

npnd

Labor

Board's

Barton says:

inadvisable to grant this request (to intervene in the case
ailroad labor Board between the Feder-

ing befnothe U.RS.

In view of your presentations, we agree with the belief you express
in your favor to us of August 5th, that "the Board has not passed upon the most
whether or not the Labor 3oard, under Titl
in the petition; that
vital
Act of 1920, recognizes the right of public interven
III of the Transportation
tion in any case pending before the Board, or whether recognizing the existence

is,

point

of such right, it declines to

permit

it to be exercised in the pending case.

The Board's decision with respect to our petition is predicated neither upon
this point nor upon the merits of the case, but turns merely upon the fact that
granting such petition might result in inconvenience and embarrassmen t to the
Board because. of the multiplicity of petitions which might be filed, a gratuitoi
assumtion, which begs the question without meeting the issue."
In your supplemental petition of Aug. 2nd., to the Railroad Labor
Board, we think you state the matter at issue, very clearly in these words:

"We do not seek to appear as a witness, but as a
paramount party at interest, and we must respectfully
ask your Honorable Board, apart from the question of

whether or not we have a relevant interest in
or expediency,

right

your Honorable Board is

or in Its discretion inclined
'

l:

pend

authorized

Art of_:

to reco

ntervention whatever on the

the

matter of

ing case, to determine whether or not, as a

,e
any risht

eo'e

=ntoi-ive s

of
Publi, or persons other than the parties .tic, he
dispute,. whatever the character of the interest they
may be subsequently enabled to establish."

iB

I4'

in cons deration of the eceptional importance of the issue iuvolved,
*
we support you and the joint Petitioners in Intervention in re-submitting to the
Railroad labor Board, the 7th paragraph of the original petition, in your suppleIental petition of Augut 2nd, in order that said Board, "apart from the pending
ofvpublicareauthorized
ve
re
no, re por
case, may determine whether
or permitted cder Sections 308 and 309 of Title III of the Transportation Act
of 1930, to intervene in-any dispute pending before the Board, and to the end
the petitioners may be heard ora1ly or by
that upon that i

LM

brief."'

Very

truly yors,

ASSOCIA
By

EMPLO

S Of IIIANAPOLIS, Inc.

"

+

1;i

"The case (that of the Federated Shop Crafts vs. Peunsylvania Railroa4,
Decision 119 of
arising out of the endeavor of the railroads, in compliance
to negotiate agreements with their employes in substithe Railroad Labor Board,
for the 'so"called' iational Agreements negotiated during thited States
tution
.Railroad administration) raises the most vital questions as to the right of mdiv
'rid'.al employees to representation, to remain within or without organization,
to select their form of organization," says a statement of the Petitioners in
"and whether each carrier is to be regarded as a unit of operation
Intervention,
and seif-interest in the establishment of employment relations, or ay be requir
ed bY Iz~ to deal with represntativs seeted by adfrmisone~poea
the nature and extent of so-called "Collective Bargaining," the practical restoration of "tational Agreements" and the practical control of railroad operation
belong in order
throu*h powerful unions to which all employees may be required
4o secure representation, and which possess the power under threat of interru4rtioa
to force uneconomic and artificial burdens upon the transportation system."

with

to

4hippers

"We hold no brief

for railroad

management,"

say

the Petitioners, "but as

we cannot secure material, employ labor, or distribute commodities 1ih
)ess the paramount public interest, in u~'rrupted, adequate and efficient traml

portation at reasonable
respectfully

cost, is assured.

W
W

therefore, seek an opportunity to

submit to the Board, that neither management nor men ought to be r.-

~uired or permitted to enter upon any form or circmnstanic of employment relaLioni which menuaces service with interruption, burdens it with artificial costs,
of management to performu their primary obligations to the. ub
tmpa*. s the
AIrights oroportnities under publiP
niedemploees of eal
nr ga&%m~wvm
dprves
ZI. e,

power

The

Petition in Intervention submits to the Railroad Tabor Board,, tt
emplo e
the
paramout interest of the public, of whom the petitioners and
are a

cost,

part, in
is entitl

their

and eff icient railroad transportation at reasonable

1Ininterrpted

d to superior consideration over that of either the o

their

mane rs of the carriers or

ers or

employee," and "the primary purpose of

the

Transportat ion Act of February 28th, 1920, is to recognize, protect and promote
Just consideration for the rights and interests of
such paramount interest
by
the carriers and their employee, that when such public interest is menad repof railroad operation, shippers and other
actual or proposed circumstances
resentatives of such public interest' are prova'ded throughut the act w t"i enA0
be effectively
dies and ins trunntalities through which such public interest may
by the interpretation and applleation of the Act through any agency

with

protected
created

it."

in

Petitioners also short that'ttby

6,00 manufacturers engaged inth
of comodi ties in all States of
roads

of

the United

the statse of production,
dependent

in accordance with
eomletely

are orgiaions
production,

the

phte

more

omposed of
and sale of a

distribution
States, they employ

in

the

than

variety
aggregate,

more then three million persons, arc~

uponl the uninterrupted and efficient operation of the rail-

ta~

for

the- flow of their raw material,

the

market'Ing_

of

S3their product in domestic and foreign cbmerce and their consequent ability to
conduct their establishments, furnish employment to their co-workers and meet
the needs of the public."
"Vital issues of a public nature intimately related.to the above considerations are involved in the pending case," continues the Petition in Intervention, which sets forth that "1he character and adjustment of ehployment relations between the carriers and their e.ployes is a matter of vital concern to
shippers and the public generally, since uninterrupted and efficient transportation by rail is essential to the maintenance and perpetuation of our political
It has therefore been made the subject
as well as our economic and social life,
of special provision in Title III, Sections 300 and 316 inclusive, of the Transportation Act, that the Board of ultimate adjustment or arbitration especially
provides for representation of the public upon it and should, therefore, when
the public interest is at issue, permit the public to be represented before it.
"Your petitioners tnerefore respectfully submit that the primary purpose for which your Honorable Body was created will be promdted by permitting
the presentation from your petitioners of vital facts and considerations material to the issues and which may aid in reaching a conclusion with respect to the
Your petitioners therefore pray that they
superior public interest involved.
may be permitted to appear in the above cause at such time and place as you may
determine, to be represented by counsel, and to present such evidence and argument material to the issues herein as may relate to the interest 8f your petitYour petitioners further submit that if your
ioners and the general public.
doubts either their authority or the expediency of permitting.
Honorable Body
petitioners to intervene, they may be heard at such time and place as you may
appoint upon that issue, either through counsel or given opportunity to submit a
brief ."
In the case of the Pennsylvania Railroad, the labor Board rendered
decision to the effect that the election of representatives of employes as
such to deal with the company was not properly conducted and that a new election
should be held, since the 15th principle among the sixteen principles that were
laid down by the Board on April 14th provided that:-

4

"The majority of any craft or class of employees shall have the
right to determine what organization shall represent members of
such craft or class.

Such organization,shall have the right to

make an agreement which shall apply to all
or class.

employees in

No such agreement shall infringe, however,

such craft

upon the

right of employees not members of the organization representing
the majority to present grievances either in person of by representatives of their own choice."
The Board's recent decision is based largely upon this principle,
which it holds was violated by the road in that in the election conducted by it
the ballot provided only for election of individual representatives and contained
no space where the employees could vote for an organization to represent them.
The New York Times speaking editorially of the decision,

said in

part:
"The right to control who shall work and under what conditions is
more important than either wages or rates. The labor Board declines to recognize
that this question underlies the decision which it makes in the Pennsylvania
case, and says that the dispute is one of technicalities. * * * The Transportation Act provides that disputes between carriers and employes shall be 'considered and if possible decided, in conference between representatives designated
and authorized so to confer by the carriers or the emplcyes, or subordinate ofThere is not a word g-vficials thereof, directly interested in the dispute.'
ing the Board power to oversee elections, or requiring railways to negotiate
hUntil there is a dispute the 2oard has no
only with unionists or their leaders.
lawful function."
"Whether the Pennsylvania yields to a decision that is clearly beyond
the Board's jurisdiction, remains to be seen," says Walter Drew, Counsel of the
National Erectors Association, who adds:- "Principle 15 as applied practicai.y
deprives the non-union man of his right of dealing with the road and co - s
him to be represented by an organization of which he does not approve, since

4 he will not join it, but one which is actually hostile to him.
This decision, if
observed, will practically restore the dealing with railway organizations which
•was adopted by the Director General of Railroads during the wa;
bring about
a universal closed shop on the roadsj an4 will ut
the control of railway labor
in the hands of a small group of union leaders.

will

"'It is not believed that Congress itself has the power to deprive the
roads and their men of their right to deal with each other as they see fit
or to
compel any man to be represented by an arganization not of his own choosing. Such
a condition can only mean lack of discipline, high cost of transportation to the
public, and a continuance of that same arbitrary and despotic control which compelled the passage of the Adamson law at a time of national stress and danger.
"One of the troubles and dangers of the present situation has been the
tendency of the Labor Board to assume a greater jurisdiction than granted it by
If
the Transportation Act.
The railroads by acquiescence have permitted this.
workable and to gain for the public the adthe Transportation Act is to be at all
vantages intended, it is of vital importance that the Board operate in accordance
with its terms.
"The law confers no power whatever upon the Board to legislate as it has
done in laying down the sixteen principles to govern in the making of agreements
Under these principles, the minority
between the carriers and their employees.
employees on any road were absolutely denied the right of bargaining and were compelled to be represented by any labor organization which was indicated by a majority of the employees.
The encroaching decisions of the Board show the need of public represent.tion at its hearings, which was denied to commercial organizations last fall.
There is a growing demand that the Labor Board shall consist of public represenWhatever may come of this demand, matters now are in the hands of
tatives only.
the present Board and it has been shown that it will give heed to a clear and
that the Board
It is important, therefore,
general expression from the public.
receive continued evidence that the public expects its rights and interests in
No more
railroad matters to be recognized in the Board's decisions.
matter faces the country today than the placing of the railroad labor
important
situation upon a sound basis, and business organizations can help greatly by giving expression to their views."
"Business men generally must arouse themselves to the serious condition
confronting the railroads," says the National Industrial Conference Board, which
consists of thirty principal national trade, business and employers associations
throughout the United States.
"Adequate transportation service is vital to the industrial supremacy of
this country," says the Conference Board.
"Today the railroads face a supreme
crisis.
Either their owners must be permitted to go ahead and work out their salvation with the co-operation of the American public, or we must be prepared to see
the bankruptcy of mmiy of the lines, and close following upon that, the threat of
Government ownership - with all
that that implies to business; the death of competition, service and efficiency reduced to a minimmn, taxes piled mountain-high to
make up the deficit which must necessarily follow, and labor leaders exercising
Such a condition, of course, spells disaster
the dominant voice in management.
for American commerce and American prestige in the Business world.
"In view of this situation, at a conference of Railroad Executives and
importnt manufacturers it was recommended for immediate action as follows:
"1. Abolish completely the agreements made during Federal control by
the Railroad Administration represented largely by union labor leaders, and union
The labor Board has ordered
organizations represented by their national officers.
but has ordered the railroads.to make
the cancellation of these restrictive rules,
Leaders of these organizations are denew agreements with various union crafts.
manding that the new agreements be practically identical with the ones made during
to allow the perpetation
of the
Government control. Refusal of the railroads to allow the perpetuation of these
rules - which it is estimated cost the transportation interests of the country
more than $300,000,000 annually - means that the labor Board will be called upon
to decide the question, where, unless a firm stand is taken, conditions such as
prevailed during Government control will be made perpetual.
Restore to the individual railroads jurisdiction over questions of
"2.
wages, classifications and working conditions, Rules and regulations made by the
Governiment during Federal control, continued in effect by the labor Board, have
railroads without regard to living conditions
standardized wages and rules on all
in particular cammunities or the rates of pay of emuiployees of other industries
doing similar work in these comunities. Workers should be paid according to the
service they perform, as they were before the Government took over the railroads.

,.5-..

Adamson law,

passed
"3. Demand tbat Congress immarediately repeal the
under. duress and unquestionably one of tne most hampering pieces of legislation
affecting a legitimate industry ever enacted at Washington. The Ad.amson.Act was
not an hours-of-labor law but was esseni~aily a wage mase,
soup
by the
union leaders as a way to increase the pay of certain classes of railroad
ees. To repeal it would enable the railroads of the United States to save enormous sums annually without irrpairing their service or doing as injustice to any
employee,
"4. Prevail upon the Government, in settling with the railroads for the
moneys the Government expended
Additions and Betterments, to fund the amounts
due, permitting the repayment in 15 annual installments rather than to demand
payment of the entire amount at once. Further, that the Government settle promptly with the railroads for the rental gtranteed them for their use during Federal
control. These two methods of affording relief would release many millions of dollars and would at once afford help to railroad credit and avoid the present great
hardship.

employ-

in

be R.

"The correction of these conditions will
ters to your Senators and
and to Judie
U. S. Railroad labor Board at chicago ."

Congressmen

facilitated by personal letM. Barton, Chairman of the

In connection with the foregoing situation, M. James A. Emery, General
Covnsel for the several Petitioners in Intervention before the Railroad labor
Board, wrote the Associated Employers of Indianapolis as follows, under date of

Aug.

5th,

to-wit:

"The right of the public to intervene when its interest is at issue in
anyT proceeding before an administrative anlrnssion created by Congress, is a larger and much more important question than even the serious issues presented in
the pending case before the Railroad labor Board.

of

"The absence of a ;eneral affirmative recognition
the public right of
intervention, as a necessary feature of the development of this new branch of
administrative law, is attracting the general attention of the legal profession
seems likely that the Committee on
and of thoughtful legislators. Indeed,

Coma*

it

nlerce, Trade and Commercial Law of the American Bar Association, will recommend

that the right of the public to intervene before all Federal administrative
boards and commissions should be affirmatively declared by the Congress, and si 4,'
action urged upon the States under lik~e circumstance,

lar

"If the public possesses the right to intervene, possible inconvefliene
to the Board cannot obstruct or prevent the exercise of the right, If the public
does not possess such a right under the law in .the opinion of the Board,. then it
is vital in the public interest that such right should be affirmatively establish

to

"The Act
Regulate Conmiefc'does not affirmatively declare such right,
bntt Rule 2 of the Interstate Commerce Commission, paragraphs A,{K and L, recognieg and provides foar petitions in intervention. The Shipping Board, exercising
the most extraordinary administrative authority and dealing with huge suns of pub-s

neither

recognizes a public right of
lic funds, operates under a statute which
intervention nor permits it. The Federal Trade Commission Act contains no
provision, but Section 11 of the Clayton Act gives an express
to int rvene to 'any person'
* * * 'upon good cause shown,' and the exercise of this

tive

right

af firma-

right is provided for under rule 5 of the Federal T rade Commiseior

Wr

"Notlong since,
Elieu RIoot, as President of the American Bar . sociation,, directed the attention of the profession to the rapid development of a
of administrative law. This, he said, naod become
new field of authority, inevitable with the increasing comoplication of modern public administration which
trade it necessary to delegate power to be exercised by subordinae agent-s, subect
to a general direction prescribed by superior authority.

that

"In p ursuance of this condition, we have established in the Federal
field tae Interstate Cozrrerce Comission,

al Reserve Board, the Rai:lroad

the

labor Board,

Federa.

Trade

Commission, the Federw

and other similar agencies.

This vast

field of administration has important uses and affords protection for rights
and remedies for wrongs which, under our highly complex social and Industrial
life, could not be
by the slower and simpler procedure of legislatures
ad
courts,"

met

f

W.

Root,

however,

points out:

these

"'Yet, the powers that are committed to
regulating agencies,
and which they must have to do their work, carry with them great and dangerous
opportunities of Oppression and wrong, If we are to continue a government of
limited powers, these agencies of regulation must themselves be regulated.
The limits of their power over a citizen must be fixed and deteriAned; the
right of a citizen against them must be mace plain, A system of administra-

tive

law must be developed,

and teat with us

and imperfect.

is

still

in

Re spectfully submitted,

/

Secetary

its

infancy,

crude

(SPECIAL INFORMATION BULLETIN*)

Associated Employers of Indianapolis,I

F IL

Ll

92

1406-7 Merchants Bank Building

September 9, 1921
(Activities of Local Unions and State Federation of Labor)
UNION MEMBERSHIP AND LABOR DAY PARADE
The weakness of union labor in Indianapolis was indicated by the Labor Day Parade, prior to which union
leaders announced that 90 local unions with an approximate membership of 25,000 would march. By actual
count there were 2,122 persons in line, apportioned as follows:-Marshals 8; in seven bands 169, including the
Newsboys' Band; in automobiles 97; on foot 1,848; total 2,122. The parade of about 30 unions, in seven divisions, passed a given point in 42 minutes and many marchers walked two abreast in files spread well apart.
Floats, pomp and banners were conspicuQus by their absence. One inscription on the windshield of an automobile read: "Release Debs, An America ".
The metal trades unions included a representation of 360, to-wit: Machinists' Local Unions No. 161
(Commercial shops) and No. 511 (Railroad shops) 111 marchers, Molders No. 56 (Commercial shops) 194,
Molders No. 17 (Stove Plate) 33, Patternmakers 22. The building trades unions made the largest
showing, as usual, with 822, to-wit: Carpenters 371, Painters 188, Structural Iron Workers 116, Cement
Finishers (in automobiles) 78, Paper Hangers 40, Sheet Metal Workers 29. The railway unions had 308 in
line, to-wit: Railway Conductors 148, Boilermakers 96, Railway and Express Clerks 36, Maintenance of Way
employes 28. The allied printing trades had 255 in line as follows: Typographical Union 96, Printing Pressmen
92, Mailers 42, Bookbinders 25. The Stage Hands, Movie Operators and Bill Posters had 107 in line; Bakers
and Confectioners 30, Cabinetmakers and Woodworkers 31, and Stove Mounters 13. Total 1,926 as follows:
on foot 1,848, Cement Finishers in autos 78.
These figures were double-checked by certified public accountants furnished by Coffield-Herdrick
& Co., whom we retained for this purpose. Two groups of accountants with adding machines were stationed
several squares apart along the line of march, the first group counting 2073 and the second group 2122
marchers. The discrepancy in figures was due to confusion among the marchers, some of whom dropped out
as others fell in line.
Several unions that participated in last year's parade were not represented this year, for be it remembered
that according to the Convention of the American Federation of Labor, held in Denver last June, the membership of the Federation has decreased from 4,078,740 in 1920 to 3,906,528 in 1921, a loss of 172,212 members.
That is why the A. F. of L. has just announced another campaign for 5,000,000 members.
Following the parade, the Labor Day Committee of the Central Labor Union said the parade "had been
the most successful celebration in years," and Frank T. Hawley, ex-President of the International Switchmen's
Union, announced to the unionist meeting which followed that "organized labor composes 90 per cent of the
voting power" and declared to the meeting that "the display of unionism was greater than at any previous
Labor Day."
UNION'S STATE FAIR BOYCOTT SHOWS UP WEAKNESS
That union labor in Indianapolis probably does not exceed more than 7,000 to 10,000 working
people, is further borne out by recent events. Coincident with the announcement of the Labor Day
Committee that 25,000 labor unionists would march, came the public declaration from the local Central Labor
Union that "10,000 union workers would be influenced" by the C. L. U's. "boycott" of the State Fair being
held this week. Then came the Labor Day parade with a total of 2,122 persons in line. Presumably the remaining 7,878 labor unionists patronized the State Fair which is on the C. L. U's. "we don't patronize" list.
Pertinent deductions can be made, however, if we accept the figures of the alleged "10,000 workers influenced" by the State Fair "boycott." Indianapolis has a total population of 314,194 and on the foregoing
basis, union labor represents but 3.1 per cent of our local citizenship. The US Census Bureau announces that
Indianapolis has 146,302 gainful workers. The aforesaid "10,000 labor unionists" therefore only represent 6.8
per cent of the gainful workers. The State of Indiana has a total population of 2,930,544, so the State Fair was
boycotted by a local organization of affiliated labor unions representing only .003 per cent of the citizenship of
the State.
The State Fair was placed on the "we don't patronize list" of the Indianapolis Central Labor Union,
the
because the State Board of Agriculture engaged the Purdue University Band of Lafayette, a non-union organization, as one of the musical attractions. This band, composed of about one hundred college boys, is the pride of
Indiana. The musicians' union refused to allow a union band to play at the Fair as long as the boys from this
University (a State institution) played on the grounds. The unions demanded of the State Board of Agriculture
that it cancel the engagement of the Purdue Band and hire none but union musicians. The State Board refused
to do this, but offered to also engage union bands to play at the State Fair Auto Show. The unions, through the
Secretary-Treasurer of the Indiana State Federationwho acted for the local Central Labor Union (and who is
a molder and not a musician), refused the offer and as a result of the State Fair management's "stand pat"
attitude, the boycott action followed. Result-the State Fair enjoyed one of the biggest weeks in its history.
*Special Note: The above bulletin is from weekly report made to the National Metal Trades Association in Chicago by
its Indianapolis Branch, of which the writer is Secretary.

UNION MUSICIANS ON STRIKE
The union musicians in the orchestras of several Indianapolis theatres walked out on strike Sunday
night, September 4th, following the refusal of the respective managements to accede to new closed shop demands
for another year, pending the outcome of final negotiations in New York City between the heads of various
theatre circuits and the Federated Musicians' Union. The union scale was formerly $38.50 per week but one
year ago the union musicians demanded $60.00 per week and after a four weeks' strike following the refusal of
the theatre managements to grant the demand, a compromise was reached on the present weekly scale of $48.50
per week. The union is now demanding that this scale shall be renewed for another year in the face of downward
revisions in costs, while the theatre managers are insisting on a compromise scale of $43.50 per week. The demands were presented to the various theatres by a union committee which has refused to further discuss the
matter with the managers and is insisting on no compromise and no conference which has that end in view.

UNIONS BOYCOTT PURDUE BAND NATIONALLY
The activity of the musicians' union has disclosed the fact that the Purdue University Band, for no reasons that are discernible from the viewpoint of pure Americanism, has "been put on the nationally unfair
list," according to the declaration of the President of the musicians' union, following a walk-out last Saturday
night of the union orchestra which had been furnishing the music at English's Opera House during the showing
here for the previous week of the motion picture, "The Man Without A Country", under the auspices of
the Marion County Council of the American Legion, as the first step in the Legion's national campaign of
Americanism and good citizenship.
The leader of the union orchestra that struck during the American Legion's program for Americanism at
English's was a war veteran and is also Director of the American Legion Band. The union orchestra was ordered
to walk out by officials of the federated musicians' union, because the boys of the local Council of the American
Legion in charge of the entertainment, engaged the Purdue University Band to give a volunteer concert on the
stage prior to the showing of the Americanization picture. The American Legion Band, the Newsboys' Band
and similar organizations had given volunteer concerts on previous nights but on this night union officials refused to even allow the orchestra to remain and furnish the music for the Legion's motion picture because, in the
words of the President of the local musicians' union, "we could not play in the same house with the Purdue
Band." American Legion officials offered to postpone the concert of the Purdue Band until after the show, but
the union representatives refused to remain and announced when they walked out, that they would not return
during the remainder of the Legion's film engagement. Meanwhile the Purdue Band played and the show went
on before a capacity house.
AMERICAN LEGION OPPOSED BY UNION LABOR
If our information is correct to the effect that the American Legion's own band is contemplating unionizing itself into a closed shop organization to affiliate with the federated musical organizations of the country in
the American Federation of Labor, it would seem prudent that all red-blooded American citizens and their
organizations throughout the country, should protest to the national officials of the American Legion at Indianapolis, over such reported action. The Legion Band now has about 50 musicians and we understand that
only eight of them belong to the union at present, including the Director who also led the union orchestra at
English's Opera House for the Legion's own show prior to the walkout of the union musicians.
That the American Legion has no friends among the radical labor uitionists is indicated by the constant
attacks made upon it by professional agitators and by the further fact that it has been practically boycotted by
the action of the Indiana State Federation of Labor which, on September 2nd, at its annual convention in
Hammond, adopted a resolution calling on the United States Congress to revoke the charter of the American
Legion. Louis Schwartz, Business Agent of the machinists' union in Indianapolis referred to the American
Legion as "a bunch of silk stocking dudes" and said that paid lobbyists of the Legion oppose every piece of
labor legislation in Congress. Other delegates complained that Legionnaires had prevented the appearance of
Scott Nearing in several Indiana cities, including Indianapolis, and declared that the Legion is "inimical to
organized labor."
Typographical Union No.1 of Indianapolis has disavowed and repudiated the action of the State Federation of Labor against the American Legion, explaining in a published statement that the resolution calling on
Congress to revoke the Legion's Charter, was "introduced by the machinists' local union of Hammond" and
that "the resolution's committee recommended non-concurrence." The statement as published in the daily
papers since the State Labor Federation's Convention, says: "Delegates from the various typographical
unions voted against the resolution and disputed the charges that the Legion has shown itself inimical to organized labor . . . The resolution was in direct conflict with the action of the American Federation of Labor
at its Denver convention . . . All of the printing in the headquarters of the Legion is being done in union printing offices."
The printers' union requires an oath of allegiance to the union that others have described as being
"paramount to country, family and church." It reads in part as follows:
"That my fidelity to the union and my duty to the members thereof, shall in no sense
be interfered with by any allegiance that I may now or hereafter owe to any organization, social, political, religious, secret, or otherwise."

LABOR FEDERATION SEEKS TO UNIONIZE TEACHERS
The convention of the Indiana State Federation of Labor also set in motion a scheme to try and unionize
the public school teachers of the State and adopted a resolution favoring the employment of union mechanics as
teachers of manual training in public schools. The convention directed that telegrams be sent to President
Harding and Attorney General Daugherty demanding the release of Eugene V. Debs, who was eulogized as
t'he greatest man in America." Two hundred and fifty dollars was donated to the machinists' union at Hammond "for use in the prosecution of police and guards who are charged with killing four strikers in the Standard
street car riots, September 8, 1919." The State Federation of Labor also sent a telegram to President Harding
demanding the withdrawal of the United States troops from West Virginia and the "driving out of BaldwinFelts detectives". A motion of sympathy was forwarded to the union miners involved in the West Virginia insurrection, and aid was pledged the United Mine Workers.
In line with the seemingly country-wide effort of the painters' union to restrict production in the size of
paint brushes and abolish labor saving devices, the State Federation of Labor's Convention passed a resolution
directing that a bill be presented to the next State Legislature to prohibit or restrict the use of the paint spraying
machine "as a menace to the health of workmen." The Convention adopted a recommendation that local
unions in each community should appoint press agents in order to get more "labor news" in the daily papers of
their localities, and a committee was appointed to report to the next convention upon the advisability of the
State Federation publishing a daily labor union paper. Resolutions were adopted favoring the eight hour day
and a minimum wage for women workers, and pledging support to the printing trades unions in their efforts to
secure a national 44 hour work week.
Postmaster General Hayes was commended by the Convention for having put into effect "the labor
policies toward post-office employes as recommended by the American Federation of Labor." The convention
donated $500 for the Mooney Defense League to get Tom Mooney and Warren Billings out of the California
State penitentiary. The Treasurer's report showed the Indiana Federation of Labor has a balance of $15,000.
Delegates from the Indianapolis musicians' union stamped the Indiana State Fair as "unfair to organized
labor" on the floor of the Convention, while the utterances of G. W. Lawson, Secretary-Treasurer of the Minnesota State Federation of Labor, a visiting speaker, serve to support our previous contention that the affairs of
most labor unions are conducted entirely by a clique or "active few". Mr. Lawson said to the Convention:
"There isn't anything said about the employer that could be said which we have left unsaid. Fifteen per cent
of the members of the union do the actual work, and the other 85 per cent stand on the curbstone and criticize
the gang that is running the organization. Lately it has required some honest work to be a good unionist.
Don't buy goods made on the open shop plan if we expect others to buy union-made goods."
UNIONS PLAN BIG UNIONIZING CAMPAIGN
The Building Trades Council of Indiana held its sessions at Hammond just preceding the State Federation of Labor, and refused to seat the delegates from the Carpenters' union because of the withdrawal of the
carpenters' international delegates from the June Convention of the American Federation of Labor in Denver,
when the Federation adopted a jurisdictional resolution giving the sheet metal workers control over certain
classes of building work which the carpenters had claimed. The state building trades council went on record
as determined to continue its fight against the open shop and adopted a resolution criticizing the State Legislature for not passing the building code bill and instructing the council's legislative committee to double its efforts to secure the passage of the bill at the next legislative session. Plans were also laid for another big union
organizing campaign throughout the State in the building trades, and separate state sessions were held of the
councils of plumbers, steamfitters, machinists, electrical workers, painters, etc. The painters' council adopted
a report favoring old age pensions for its members, based on per capita assessment to be conferred on members
having twenty years continuous membership and having reached the age of sixty-two years. The sum to be paid
would be in excess of $25.00 per month and the per capita assessment it was estimated would be about nine to
eleven cents.
Referring to electricians in the building trades we said in our report of May 31st, that "the 1920 rate was
$1.00 and the contractors have instituted a reduction to 85 cents per hour. Some days ago, representatives of
the electricians' union agreed with the contractors that the striking craftsmen would return to work at the old
1920 rate and submit the question of reduction to arbitration." The case did go before a national arbitration
board in the affected trade with the result that the Arbitrators granted the electricians the old 1920 rate of $1.00
per hour. The Master Painters are, however, still standing pat on the open shop, and are paying from 80 to 90
cents per hour, in lieu of the old union rate of $1.00 flat per hour. The wage rates per hour now prevailing in
other building trades under agreement signed May 23rd by the contractors and the Building Trades Council are
as follows: Asbestos workers, 80c, bricklayers and masons, $1.15; carpenters, 92%c; cement finishers, 90c; hod
carriers and mortar men, 70c and 67%1c (common labor is an open shop basis at an average of 35c per hour, no
union recognition);hoisting engineers, 92%c, $1.02% and $1.15; lathers, 90c; plasterers, $1.12% (this is same rates
as last year but the craft granted more reasonable working conditions); plumbers, $1.15; sheet metal workers,
92%c; steam-fitters, $1.15; structural iron workers and reinforced steel setters, $1.15. Tile setters are working at
$1.00 an hour under a three-year International agreement which expires in 1922. The composition roofers are
working open shop with the average hourly rate at about 50c. Elevator constructors get $1.00 per hour under
an old agreement which does not expire until January 1, 1922. Ornamental ironworkers do not come under the
building contractors' classifications and are hired by the individual shops a a present hourly rate of $1.00 an
hour.

CONCERNING THE TEAMSTERS' UNION

Since Indianapolis is the home of the International Teamsters' Union, particular interest is aroused by
the recent newspaper announcement that Daniel J. Tobin, International President of the Teamsters, Chauffeurs, Stablemen and Helpers has sent in his resignation to the American Federation of Labor. The announcement says that "Mr. Tobin, who, besides being a member of the Executive Council of the A. F. of L. is also its
Treasurer, said his resignation was in the hands of the Executive Council. It is not known whether the resignation refers to membership in the council or to his treasurership. Mr. Tobin refused to comment.". Renewed
efforts to organize the local teamsters, stablemen, truck and jitney drivers, also the barber shops, are being
jointly considered, it is rumored, by the international headquarters of the barbers and teamsters. Evidently
the strike breeders have forgotten the terrific defeat the teamsters' union suffered here in the general strike of
December 1913. The strike was squelched in three days, whereas the same disturbers who met their Waterloo
here through fearless law enforcement and protection of non-union workers, have made it a practice for years,
to invade other communities and carry on a strike for many months, during the progress of which drivers,
wagons and merchandise are ;damaged and destroyed. While the teamsters' international headquarters are in
Indianapolis, the open shop prevails here generally, in the teaming line, and no recognition whatever is given the
remnants of the local union that exists by the various establishments and employers of drivers and trucksters.
Not long ago we heard that a regular meeting of the local teamsters' union could not be held for lack of a quorum
-just.fur perstns being present and they were the principal officers. None of the department stores of Indianapolis have union drivers, and in fact the retail merchants dQ not recognize any so-called clerks' union.
tr
Reports indicte that tf more than 2,500 retail clerks in Indianapolis, less than 50 belong to the "clerks'
fact, about 90 per cent open shop and non-union in its commercial and industrial
union." Indianapolis i
enterprises.
FOUNDRIES OPEN SHOP
That the industries of Indianapolis are open shop is shown by recent publications in the weekly industrial
survey of the National Metal Trades Association of Chicago. Under date of July 25th, it said: "A recent survey among 33 foundries (in Indianapolis) shows only 2 of them have any agreement whatsoever with the molders' union for any definite period of time, and these are two stove foundries; 5 are non-union shops; 19 are open
shop; one just installing machinery; 8 are union shops, of which two are the aforesaid stove foundries. The 24
open shop and non-union foundries do not deal with the union. The 6 union foundries (other than the 2
stove foundries), do not have an agreement now with the molders' union; their employes have been and are now
working from day to day for an indefinite period at the reduced rate which became effective last April when the
union foundries reduced the wage scale from 90 cents per hour to 75 cents."
METAL TRADES OPEN SHOP
With respect to the metal trades industries of Indianapolis,the following items appeared in the N. M.T. A.
survey of August 1st, to-wit: "In the metal trades, Indianapolis is 99 9-10 per cent open shop and non-union.
There is no recognized minimum union wage scale for machinists and not one commercial manufacturing plant
has a contract with the machinists' union, or employs machinists solely on the strength of a union card. The
local machinists' union had a membership of about 235 on June 30th, against a boasted membership of over
1,500 during the fall of 1919 when the campaign of agitation was on. It was at this time that 'cooked up'
closed shop demands were made upon the metal trades employers. Not one employer in any way recognized
these demands nor in any way granted the conditions sought. On the contrary, at a general meeting of over 80
employers of 20,000 metal workers, an open shop resolution was unanimously adopted.
BUILDING TRADES' SITUATION
The unionized building trades crafts on outside construction, and to some extent the allied printing trades
unions, constitute the backbone of union labor in Indianapolis, just as they do nationally in so far as the
membership of the American Federation of Labor is concerned.
In his retiring address at the 16th Annual Meeting of the Associated Employers of Indianapolis, President O. B. Iles said:
"While the manufacturing and business institutions in general of Indianapolis (excepting the building
trades), are today, more than 85% OPEN SHOP AND NON-UNION, the black spot today on the industrial
map of Indianapolis, is the DEPLORABLY unionized condition in the building trades on outside construction.
The work of fabrication and manufacture of materials in the shops is however done on the open shop basis.
"There can be no denial of the fact that the present unionized condition in the building trades adversely affects to some extent, every other line of industry and business in the city. This condition is responsible
for the present high cost of building operations which is becoming so prohibitive as to threaten to seriouslyretard
the further development of housing and general building conditions in Indianapolis. It will be a welcome day for
this city when all branches of the building trades are conducted on the open shop basis, and it is believed that
the citizens and business men of this city are ready to support the contractors whenever they determine to stand
unitedly and courageously for the open shop. And when that time comes, the change can be effected almost
over night."
Respectfully submitted,

Secretary

of1
T

DEC

PE

GENERAL

1406-07

ANDREWJL. ALLEN, SECRETARY

OFFICES*

MERCHANTS

.fEES

1

CHAR GED)

I4d~UCHANTS BANK BLD

I NCORPO0RATED

300OO

PHONES{ MAIN
AUTO 26-6I

~~~
BLDG.

BANK

September 12, 1921.
0T0Qz
It would be interesting to k~now the aggregate nuznber of

in.the

P rad~es

in the vari.nus cities
labor Plave
billetin for your i formaticn
will cozrpile a
and With your helps
able
n4 that of the associations generally, giving su inf orwatioxi as we
to gather along these lines.

iiionists that t ar'cbet

'labor

we

special

are

As a preliminary step, we have sent you a bulletinh giving
Indiianapolis,
the laborof Day Parade population. The and the percentage of union
our total toin two experienced Employers'"Assoc'ation of
Labor s representation
couinters, there were
Louisville reports tbat "according*
in line, 11 bands, 190 automobiles, trucks, floats and motor"
3116 civilians
a
last year a decrease in 1921
the figure. on
t

o ycles, as compared with 4125 civilian marchers

of 1OW9." San Antonio, Texas reports: - "Actual count made by ten people
shoed 3144 men, women and children marching or riding, including polAcemnie1i

city and

conr

great
officials; 50 uniions repre seated; ina adecrease many instance s
from the count
and divisions showed

acont'of the various locals
of the sam locals last year., tiny women and children were In line; on one
fl~ost alone

there

ire

fifteen."

Re ei
Planse

Marchers

louisville,.
C.an

Anton

atn

in three cities:-

vrLo
Total

Total Gainful

)nmberskip claims
Of TI';icras

Wor~er

3116

______

io,314_______

___A_

uionists t parade. Will. you also give figures showing the total "claimed
membership" of the unions in your city, the number of your gaitiful workers
as comp~iled by the Us S. Census Bureau, and the total population of yo x city,
for use in coumparison with the "labor day" statistics."
1

S

MMORANDUM

The Association Secretaries in Texas will appreciate a
letter of sympathy, encouragemen~ft and

co-operation

from you in their hour of

calamitous distress caused by the disastrous tornado and cloudburst throughouxt
in
portions of Texas, resulting in an unfortunate and heavy loss of life
of our own
(We enclose copy
addition to a property loss of many
the several Teeas Secretaries.)
letter to

millions.

Thousands of persons are hcmeless and much damage was donei
to the business section of many Texas cities, in an area of 10,000 sq;are
being San Anono
itilesfete
central
andinsouthern Texas, ciesfecd
Cameron, Waco,, an
Junction,
ouston, Dallas, AuAtin, Taylor, Valley
town, Calvery, Bryan, Bastrop, etc,
Christi, George
lrdCpu
Marco,Eli

Hearne,

O2W

Those of is who have been closely associated in the open shop.
movement, know what a live wire "bunch" of open shop Secretaries there are in
the Southwest and& they, and the employers; and people generally in the inundated.
sections of 'Texas, will find encouragement in 'the knowlegdge that wefortucnate
ones in other sections of the country syripathize with them at a time$ which is

mailing

trying men's souls. Our
list
,1'!o1. es the fo~lio .ng Texas Secretaries:
A.s S. Stinnett, Secy. Chamber of "Cornmerce, Amarillo, Texas; Franklin 0.
Thompson, Secy. Southwestern Open
Association, Austin, Texas; W. Le
Dorsey,
Open Shop Association, Austin, Texas; W.-Gilespie Stacy, Secy.
Open Shop Association, Austin, Texas;
S. Solinsky, Secy.
e: Shop
Association,
Texas; G. W. Thorrasson, Secy. Associated Irdustries,
Dallas, Texas;' T. P. Roberts, Mgr.,, Open Sh-cp
Deal As socia tion, Dallas',

Shop

Mgr.,

Sam~uel

Beaiuont,

Texas;

Open

Houston,

Employers 1t

Shop Association,

Texas;

Galveston,

Op

Square

Association,

Texas; Employers Open Shop

Open Shop Association, Palestine, Texas,.; Sidney
Secy. Open Shop Association, 22O7 Bedell Bldg., San Antonio,

~.Cornelius,
Texas;, J. E. Surratt, Mgr. Citizens Welfare .Assn., Sherman, Texas, Jed
Morrow,
Open Shop Association, Vernon, Texas.

Secy.

Very tr~uly yours,
ASSOCIATED EMPLOYERS

OF I1 DIANAPOL.

rrrNllMMw~rrr~4

+

in,

rrr~.ill

Detach- and Return

Inc,

Proptly)--.,.--u
.

'--. '
..

&, J. Allen, Secretary
Associated Employers of lfldianapolis, Inc.

le

Total marchers, labor Day Parade (Sept. 5, l92l1

a.

Total claimed Me~mbership, local labor unions

3.

Total

4.

Total City populat ion (

gainful

workers

(U.

S.
"

..

Census breau)_________________
n"

f

)

REMARKS:

Signed

By.
- -

Cit-

q

City
r

Dae_____

Date
r

OPEN SHOP EMBLEM

BUREAU

OPEMPLOYMENT

(NO FEES CHARGED

IN
OROR
INCORPORATED
GENERAL

TE

OFFICES

1406-07 MERCHANTS

ANDRE V J. ALLEN-SECRETARY

C{ALLTJ

1407 MERCHANTS BANK-JBLDG;
PHONES

.

CIS I
~

S

SS GE COI

3900
26-619

BANK BLDG.

OVT!RNMFITT OR UNIONS RULE?
June

TO

{MAIM
AUTO

23,

192 2 ;

:

and

Red-blooded citizenship should impel you to at once wire
rite
Governor Leonard Small of Illinois (at Waukegan, sending copy to Springfie4d),
nrging him to spare no efforts or expense in apprehending and punishing the
leaders and participants in the bloody Williamson County massacre on June
2st and 2nd, and in wiibch two score or nre cf non.uinmies
wh
a

to

no greater crime than

vrk peacefully

at

-

their occupation to earn
(committed

an honest living), were apparently murdered in cold blood by a mob of alleged
union miners and syrpathizers.
Press reports also say: "Track s, buildings and hundreds of thcusands
of dollars' worth of eq
:iraent were dynamited as today's battle closed shortly
miners and the
before noon, amid the hilarious whoops of 2,000 bloody
admiring plaudits of their women folks. '

drunk

If you agree with the thcught that the Herrin coal mine massacre
well as to the
is a disgrace to the entire United States, and to Indiana
suggest that you so advise Governor Small today,
Stats of Illinois,
atrge him to afford the fullest possible protection to life and property in the

as

we

and

legitimate mining of coal, notwithstanding the minerst union.
Governor Warren T. McCray of Indiana, should also receive irmediate
oomuendat4.on from you for his prom'pt and determined, stand in behalf of

law.

enforcement in this State.

Governor MoCray has mrade public letters which he

sent to 'certain sheriffs and prosec~u2ing attorneys in Indiana counties And in

which he urged these officials, to prevent all forms of lawlessness and promised

the assistance of the State government in any emergency.
That the Governor of Indiana is determined that the full power of
the State will be used to prevent and quell any riotous disorders of a similar
indicated by Governor McCrayts statement to
nature in this comonwealth,

is

We

btrongly suggest also that you bring this entire situation to
the official attention of each society, club, lodge, organization
and church to which you belong, and urge that they shall either act for their
memberships or have the individual members send similar telegrams and jetters,
as indicated to the several. State's officials named herein. This is a part of
a national effort that is being made to condern and forever stamp out the dispropaganda and teachings that are primarily responsible for such horrify..

loyal timAmerican outbreaks as
ing and

that just experienced by the Southern
not operating a union mine.
Illinois Coal Company merely because it
The deeper

questions

was

(a) shall,

involved 'in this ihole situation, are

the government or the labor unio as rule, and (b) shall independent labor not
belonging to the unions, be protected in the legitimate exercise and enjoyment
of its constitutional right to work unmolested, and. (c), shall employers of
labor be protected in the exercise of their right to conduct their own
please without regard to the employ,' s
businesses and employ whomsoever

they

affiliation or non. affiliation with any labor union or other organization of
character?

any

Respectfully submitted,

ASSOCIATE

tPLrnFID

k

7AP

5I,
Inc.

OPEN SHOP EMBLEM

MPLOYMENT
met

allFEE

yC11

140

I NCORPOAED

GENERAL
1406-07

SECRETARY

(

TER

OF

.

OF FICES

MERCHANTS

of

TEi

TA

O
E

ANTSBA

0

IIDP1T OPNCRPRAE

ANDREW J.ALLEN,

BUREA

CHARGED

900

BANK BLDG.

POLICE

OF INNAPOL

.)

F.

Pikhoff of the Indianapolis Police
l;Citef Herman
P
co medation for his announced'law
Department is deerving of
enforcement attitude in connection with the railroad strike situationt
fead the fo11ow11'g letr
to him, and rite a rlar
the Chief' in order that he ray know that the substantial citiZcnship is
behind him in*the WA11M t of his oath of office*)

Mr. of Police,
F#.. Rikhoff,
Chief
Herman

INDIANAF4)LI St

INr dear Chief:
On:behalf of the Officers and twenty-four Directors ofthis
Association, .. and' on behalf of our membership of about five hndred
representative employers in every department of comnerce) industry,
finance and professional pursuits, and on behalf of the good citizenship
of Indianapolis in general, we desire to commend you most heartily-for
your law .enfocement attitude as publicly expressed in the newspapers to
the effect that any interference by striking railroad

shop

workers with

other men at work, will be quickly stopped by the police department ! and
any one caught

interfering

with railroad employes will be arrested and

prosecuted under the "Anti-picketing" ordinance known as genera, ordinance
NIoy $;_ Propertydamage .can bs pros-ecuted under numerous statut~s

re

corrend. you also for your orders to the police department
that "if trouble arises as a result of the railroad strike, each policeman
Cr
pa1
ndi f any t rolmen'9 feels I'ithat1he
is expected to be qual to theoccasn

veryd

hf h4.3
ai nfe
The t present population

no e,

wrkes (bot
according .to Polks
of Indianapolisunio an nn-nin'i 1922
number of gainful workers, according to
is 325,890.
City Directory,
Government census, is 146,300. The Central Labor Union claims
the
a local membership of 10,000 in affiliated unions. -On the basis of this
claim of union leaders, organized labor in Indianapolis therefore represent
only about percent of the gainful workers and but 3 percent of the tota
populations

The

J92O
'6

We cite these figures to emphasize the fact that the intent' of the
"Antipicketing" ordinance is to protect each citizn and particularly

Put in

their
protection

other language i t means that
unmolested.
r
1aivfulr hto
by the.. enfx.eont ,.f, said ordinance the City of Indianapolis assures
to .the..9441.norganiZed citizenship against unlawf'ul strike
intekferonce usually practiced by a minority element represented in the
:.percent of organized workers,

majority

enn tyk

citizens and especially the unorganized
of workers are in favor of the enforcement of statutes and

in particular
one-half of one percent
lawl ess tactics
during

ordinances that harm no one
is safe to say that not
labor approve~ of the

irresponsible

one-half

cent

a nd benefit all in conrxo n.. tt
of the 3 percent of union
by the

generally resorted to
disturbances.
strike

CL

kaa..

corrend

t~e therefore,
you. for your published statement that "picketing
against the law and those who violate the statutes will be arrested and
prosecuto4,"
way to dtiscourape strikers from beccmin~r
is to adhorq to your annouxnced policy "not to permit any congreatin"' in tho
vicinity of' struck shops#"

is

is
in

And one

The

lawbreakers

"The

Courts of our land~ have repeatedly held that:..

State itself

diroctly concerned in the promotion of' all 1leritimate industries and the
the development of all its resources, and owes the uty of' protection

its

citizens on~aged

in the lawful excorcise of' their callinr

tQ

The good

%

order, peace ant rccner4l prosperity of the State are directly involved in the
question."

Past

has fully
he,-artily approve

oxperience ana' observation

that the

.omnenstrate-1

butter element of our citizenshi.p among both ec loyors and employes, and
amn

private citizens in reneral,

of. the onforcement of

the +"anti.pteketing" ordinance vienevor strikers who have left their employments
resort to threats, thtimidat ion, coercion and violence to *}cter others from
exorcising their lawful right

source.,

The

-to

work without iimterferonco whatsoever from any~

of'

Stiprerrw Court
Indiana, in the Case of tho Karel Pbzniture Cot
vat JA1amatcd VWoodworkers Local Union
131, et 4l. (185 Tzid. 421) has
sail;i "Under no circixnstances have pickets the right
employ forcee, mencCes,
or intimidation o:f any kind, in their efforts to induce noti. .st iki±Z

1o4

to

quit, or to prevent those about to take the strikers' places fronfl wr to
doing
so; neither have they the right, a~s pickets or otherwise, to assembly abouat
the vrkl.ng place in such numbors or in such manner as to impress wrorQen
to

with fear

and

intir,

Batton."

If the oonservative
deplore and

disclaim

limet 1i the labor unicnd, vho canten

4r

responsibility in connection with the lawless actswhc

invariably occur in connection with picketing~ are sincere in their

protestations al declarationsn then in behalf'

gooddoing of

of'legi timzate
in

v '

and

cn aoti vU.t

they shoul~d join with 4t11 ottr
citizens
securing
upholiUr las
that
suppress end prevent the
these acts which they say they 4~o
approve. and
cast odi :aand disf'avo on labor unionisate in ge a rat~

will

not
results

1.ich

Lwlessz oss

risin~ from strike picketing during labor risputes,
n property righ'b#
of employer and loll4 employo, because
these acts are usually co4i'tte4
persons v+o it is
.ifficult
to identify,
ant. (2)~ aul tiplicit
of Ottnrt*1U1
acts, comittsd by l edge indivif
als anid. possibly bhwm3ess in
th ecslves alone, become cug .tve and high1ly harmf'ul
wvhen d.one8by many
inserious and irrepa.rable iniju'ry to the personal

by

Itis now

thO

10S

othe

forg

Of'

toym

offorce

,reaon

(1)

gcncorall.y

Is

why

of 14

e

aO p

f

t is

d

~e~
t'lly
l

t

t

thosu who

~e~
wrk

rtsctgi s4 bythe courts aI. l
tnt
moethan th
o nbo
%f#.,.T prsence of' pickets about a plaOe
i
,g4ate
the marker
agwt v hoomthis 4iBP1a!
that force is smut into
actio~ns Athan

t

%&I*

t.

yellordo",

aj

t

as
watch and sy

reasn to

they are called. such rude and offensive

"rattler",

any

.IPicketing

v

l

recowohs

of*

?its

i strust and foar pickuts, is

n.mos

tbom

* sctzb", "rat"r,

aad

to be boycott rd b

their proporty;
anoy
," onstrate the po -ir

workers t ginswho
streets, into stzreet car
'or

of'

tobeos traciseci by thpir neighbors ad frienis

thei'r
eof

"1O(ac

uon

they havrpan it i
y gz'fr; follow
on the
anM to their horns, point tom;s oft for the interied scorn andcen

certain groups; cause t

ea

"fih",

the

troaten,

assault,
1n beat the;
destroy
at school end. in, wriot~s tbew
system and thoir hostility.

odars;.

chil jr

v'

r

o
9

egA_

111lie.

has

This has been the commotn history of picketing and it
reputation for such practices. Its reputation causes picketing
to be feared whether in malignant or allego4 peaceful form, andth4
-opprobrious opthot "scab" has such a very great and evil significance
working people, that those who want to work will quit their c ployment
rather than to have that epithet applied to them. Such conditions areanot
cnsistant with American traditions, ideals and principles, nor are
compatible with public peace and order. Lawabi ding citizens have no
interest in condemning the imposition of lawful restraints nor in seeking
acts, because they are not affected in the least
license to do
degree by laws which prohibit the doing of acts that should not be done.
acquired a

among

unlawful

that

Labor to prosper, nust have work. It is obvious
labor as
such, has no interest in protesting against an "anti-picketing" law that
operates to protect it from any attempt to deprive it of the employment
on which it depends for a livelihood.
The passage of the
ordinance has reacted to the mutual advantage of employers andemployes
and Indianapolis has acquired a national reputation as a city of sane and
constructive enactments which make for industrial peace and order; a city
wherein industry and connerce is afforded a safe place for investment and
labor finds therein a haven &f refuge and steady and lucrative'employment.

"anti.picketing"

For your information we enclose a leaflet and copy of a
"Chronological Review" published. by this Association in January 1920, showing
that the validity of the "anti-picketing" ordinance has been upheld by thre
lower courts . by Judge Walter Pritchard in City Police Court on November
13, 1919, by Judge Fremont Millar in Johnson Circuit Court on January 13,
1920 and by Judge Louis B. Ewbank in Marion

Circuit

Court on February 21,1920.

Subsequently the Central Labor Union ofl behalf of the

molderst# and

machini st s' union « (and the butcher- worker s union which has since dis-.

o appealed
Hi.gh Court of

banded)
the

case,

to

the ordinance is

upholding it,

and

Court of Indiana about July.1920.
yet rendered a decision in this

the Supreme
this. state has not

it

valid

by

reason of

will remain

the three lower court

While
appeal

decisions

enforceable pending any decision

to- the

to the contrary by our State Supreme Court. The several suits that were
unsuccessfully brought against the ordinance try the labor unions were
prosecuted by Attorneys Carson, Faust and. J, Herbert iartman, who was
for a

time,

election.

a candidate for nomination as City Judge at the last primary

(See Page

Pla

e

of enclosed

6

r

"Review". )

all of the enclosed papers to us since they are

the only copies we, havea for our ow~n

files*

ASSOCIATED

6~
P.

OPEN SHOP EMBLEM

Amer 'cn

J~~4

Pan

INDEPENDENT

INCORPORATED

1406-07

BURA

(NO FEES CHARGED

GENERAL
ANDREWUJ. ALLEN, SECRETARY

EMPLOYMENT

1407 MERCHANTS BA

OFFICES

ME RCHANTS

PHONES

BANK

AINO90

BLDG.

July 7, 1922.
NO
1ER S AiD FRIENDSO
The railroad strike to date is surmarized in our memi p bulet
which may also be of general interest, toit;
r
*o
4
hardship is expected as a result of the Railroad strike vhic
cts only
the five shop crafts. Railway executives say that locally, the
a disappointment to the strike leaders since only about 1500 employes out of
about 3000 struck, Mrny of the strikers are already returning -to workhowever,
and the roads are proceeding tofill the vacacies o
seniority and pensions rights by quitting.
Reports today from railwray heads indicate that the number of jobs
vacated by strikers is diminishing. About 1239 vacancies remain to be
filled. Applicants are appearing in abundances All vacancies are filling
rapidly. Mdre than 100 ex. employes have returned to work on the Big 4 and
200 new men have been. hired since the strike began* Other roads report
similar progress.
Ultimatums have been issued by local railway executives in some
*instances, stating a definite time in Wiich old employes must return to vork
or permanently forfeit their jobs. The situation is pointedly surrxarized in
the published statement of the Monon Railway that No11it is necessary for the
succcessful operation of railroad property and to enable us 'to furnish. necessary
transportation to th ~lc
htafl
uto of men be secured;,hreoe
this Coripany will take imediate steps to fill all -vacancies."1

governmental
from Chicago
outlaws, and
railroads at
HOW

tribunal.
The United States Railroad Labor Board announces
that all shop craft strikers in the future shall be treated as
all members of labor organizations leaving the employ of the
this time will be treated in the same way."

CA
1AIR~l
The Association is keeping in constant touch
with the situation through railroad officials and is prepared to
___ME

co-operate

with them in any manner that may seem expedient. Assistance has been rendered
in various ways. All employers can co-operate by referring applicants
work to the various roads and in similar ways lend assistance that will accrue
to the common good. We recommend also, if any of your employes are laid off,
that you suggest to them that they apply to the various railway employment
offices. You could also furnish the railroad officials with the names and
addresses of these available workers. Perhaps you may have in your employ

for

ex.x.rail road -men

whom you could spare and who would be glad to "perform a

public service" in this time of need,

Governor Warren TV, McCray of Indiana has publicly stated that he is
determined that "the full power of the State Will be used to. prevent and quell
disorder. There shall be no bloodshed nor any violence carried out at any
time or place. Life and property must at all hazards be protected from the.
avu'ging hands
law viola tors. In whatever steps county officials are
compelled to take to maintain the supremacy of the law, they will be fully

of

supported by. the State

Administration."

Page

2ZwSp

ecial

Thxlletin.

Orders have been issued by the local Chief of Police to all patrolmen
that "if trouble arises as a result of the railroad strike, each policeman is
expected to be equal to the occasion and that if any patrolmen feels he
not be, he should at once turn in his badge." Chief Rikoff has also issued
public warning in the newspapers to the effect that any interf r nce by striking
shop workers with other men. at work, will be quickly stopped by the
police department, and any one caught intcrferingwith railway enployes will
be arrested and prosecuted under the
ordinance. Chief of
Police Iikoff seas: "Picketing is against the law and those who violate the
statutes will be arrested and prosecuted", and further that he does
intend to permit any congregating in the vicinity of struck shops."

would

railroad

'tanti.picketin;"
"not

enclosed

letter

Your attention is called to the
copy of '
re have
written to Chief Rikoff of the Indianapolis Police Department
him
for his expressed law enforcement attitude, and we suggest that all good
citizens also write him a
letter in order that he may fael encouraged
by your support in the fulfillment of his oath of office.

comending

similar

RAILROAD

APPTIO IN
REV
:
The dollar't distribution as anal4zed by
President Markham of the Illinois Central Railroad shows that 1.5 cents pays
officials' salaries; 61.28 cents goes for maintenance purposes which is
largely labor cost; 7.5 cents for fuel; 6.85 cents for interest; taxes 5.54
cents; dividends to stockholders 4.48 cents; 1.6 cents for bettermenteand
replacements, and the balance for legal services, pensions, depreciation,
doarrges, casual tis,
etc. The income of the Illinois Central
as follows: 71.71 cents from freight receipts; l6w9& certs from passenger
service, and the balance from handling mail and express and from various
services and investments.

is.derived

strong,

SIITUE~.JS:
Letters and resolutions in
lang, ae,
have been sent to Governor Small and other Illinois officials, by business
men and their oaniat;one throughout the country, deploring the cold
massacre
fnonuni on miners anc. c ling
u pon the p ror
authori.ties
to bring the
an d 'oar t cipants to justite.

of

blooded

instigators

%Which

result

These

letters and resolutions are the
of E COO c'rculars
were sent
broadcast
the nation by the ,Associated ,Fployerrs of Indianapoll.
and whic r in turn resulted in similar action being taken by enployers

throughout

associations elsewhere

so

that

the effect of the effort was, ccuntr .ide.

Governor McCray of Indiana also received wides sread
awenforcntement attitude
in cornec turn with tape

XqI.Tflj

State

'S

EQ

Tha

indeed every Indixan apoli.s erpi.cyer,
the latest industrialpublicatio n

ccrmrerdat ion for

)his

strike s ituZation..

: Every member of the .Association, a r

should possess q. library edition of
"Empniloyers'
Associations in the Unite.~

opdbasis."The book sells for $4o
00per cop, a
edtional utility of exceptional usefulness.
0 will b-e glad to instruct
the publishers to send youi a copy pon receipt of your order and check;
76spOC

tdly Subr tt d
e

/Sec r ata'rlr.

This book is a preservation facsimile produced for
the University of Illinois, Urbana-Champaign.
It is made in compliance with copyright law
and produced on acid-free archival
60# book weight paper
which meets the requirements of
ANSI/NISO Z39.48-1992 (permanence of paper).
Preservation facsimile printing and binding
by
Northern Micrographics
Brookhaven Bindery
La Crosse, Wisconsin
2010