SENATE BILL NO. 133.

AN ACT TO REGULATE THE ISSUANCE OF RESTRAINING ORDERS AND INJUNCTIONS AND PROCEDURE THEREON, AND ΤΟ LIMIT THE MEANING OF CONSPIRACY, IN CERTAIN CASES.

Be it enacted, etc., as follows:

SECTION 1. No restraining order or injunction shall be granted by any court of the commonwealth of Massachusetts or a judge or the judges thereof in any case between an employer and an employee or between employers and employees, or between employees, or between persons employed to labor and persons seeking employment as laborers or between persons seeking employment as laborers or involving or growing out of a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable injury to property or to a property right of the party making the application for which injury there is no adequate remedy at law, and such property or property right must be particularly described in the application, which must be in writing and sworn to by the applicant or by his, her, or its agent or attorney. And for the purpose of this act no right to continue the relation of employer and employee or to assume or create such relation with any particular person or persons, or at all, or to carry on business of any particular kind, or at any particular place, or at all, shall be construed, held, considered or treated as property or as constituting a property right.

SECTION 2. In cases arising in the courts of the commonwealth of Massachusetts or coming before said courts or before any judge or the judges there

of, no agreement between two or more persons concerning the terms or conditions of employment of labor or the assumption or creation or termination of any relation between employer and employees or concerning any act or thing to be done or not to be done with reference to or involving or growing out of a labor dispute, shall constitute a conspiracy or other criminal offence or be punished or prosecuted as such unless the act or thing agreed to be done or not to be done would be unlawful if done by a single individual, nor shall the entering into or the carrying out of any such agreement be restrained or enjoined unless such act or thing agreed to be done would be subject to be restrained or enjoined under the provisions, limitations and definition contained in the first section of this act.

SECTION 3. That all acts and parts of acts in conflict with the provisions of this act are hereby repealed.

SECTION 4. This act shall take effect upon its passage.

SENATE BILL NO. 143.

AN ACT TO ALLOW PEACEFUL COMMUNICATIONS WITH APPLICANTS FOR POSITIONS DURING STRIKES, LOCKOUTS AND LABOR DISPUTES.

Be it enacted, etc., as follows:

SECTION 1. In case that a dispute arising between an employer and his employees results in a strike or a lockout it shall be the duty of the chief of police or any officer acting in the capacity of chief of police in the city or town where the strike or lockout occurs, by a conference with the leaders of the strikers and by an inspection of the records of the employer which denote or which have denoted the number of men employed, to ascertain the number of men who have gone out upon a strike or who have been locked out.

SECTION 2. It shall be lawful for men on strike or for men who have been locked out, at a meeting called for the purpose, to elect by ballot representatives, who shall be permitted to walk upon the public streets and ways in the vicinity of the place of employment or in any other place to which said representatives have lawful access, and in a peaceful manner to converse with persons intending to go to such employer for work, for the purpose of informing such persons of actual conditions, facts and circumstances in order to induce them not to enter into, or, if already employed, not to continue in the service of said employer. Nothing in this act shall be construed to permit any person or persons to obstruct travel upon or over any public street or way. SECTION 3. The number of representatives above designated shall not exceed one for every twenty strikers: provided, that if the total number as recorded by the chief of police gives an even number of representatives with a fraction over, the larger fraction of twenty shall be entitled to one representative, and provided, further, that if the whole number of strikers is less

than twenty said strikers shall be entitled to one representative.

SECTION 4. Only one set of representatives shall be elected during any one strike or lockout: provided, only, that in case of death or physical or mental disability the chief of police or any officer acting in the capacity of chief of police of the city or town where the strike or lockout occurs, shall issue a permit to the men on strike or those locked out to fill the vacancy so occasioned.

SECTION 5. The chairman and secretary of the meeting at which said representatives are elected shall immediately furnish each of said representatives with proper credentials, signed by the chairman and secretary of said meeting, certifying their election as such representatives, and designating them as representatives for peaceful communication. Said representatives shall within twenty-four hours after the election present said credentials to the chief of police or any officer acting in the capacity of chief of police of the city or town where the strike occurs, and Isaid chief or officer shall record the names and places of residence of said representatives and shall countersign said credentials. Said representatives shall at all times when engaged in said peaceful communication bear upon their persons said credentials.

SECTION 6. This act shall take effect upon its passage.

draw." This report was accepted by the Senate on March 23 and by the House on April 12.

SENATE BILL NO. 34. AN ACT RELATIVE TO STRIKES. Be it enacted, etc., as follows:

No strike or other action of a labor union shall be enjoined or deemed unlawful, merely because it is enforced against the members by the imposition of fines under by-laws previously adopted, or because it is ordered by a committee or board of officers, acting under authority of the union, regularly conferred.

NOTE. This bill accompanied the petition of Francke W. Dickinson for legislation to establish the legality of strikes enforced by labor unions by the imposition of fines upon their members. It was referred to the Committees on the Judiciary and Labor, sitting jointly, which on March 10 reported that the petitioner be given "leave to withdraw." On March 18 Senator Ross, of New Bedford, moved as an amendment to the report that the following bill be substituted:

SENATE BILL NO. 256.

AN ACT RELATIVE TO THE IMPOSITION AND COLLECTION OF FINES BY CERTAIN ASSOCIATION S.

Be it enacted, etc., as follows:

SECTION 1. No fine or notice of intention to impose a fine by any association, incorporated or unincorporated, or any authorized representative thereof, upon any member thereof, according to the rules thereof to which such member has agreed to conform, shall be held to be unlawful or coercive as to such member or to any other person, provided such fine is reasonable in amount and is for a purpose which is legal for such association to seek to accomplish by peaceable persuasion.

SECTION 2. This act shall take effect upon its passage.

The Senate rejected Mr. Ross' motion to substitute by a roll-call vote of 13 to 14.