Nomination of Kenneth Mackintosh: Hearings Before a Subcommittee...on the Nomination of Kenneth Mackintosh to be United States Circuit Judge, 9th Circuit...March 18 and 19, 1932

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Page 4 - Giving publicity to the existence of, or the facts involved in, any labor dispute, whether by advertising, speaking, patrolling, or by any other method not involving fraud or violence...
Page 38 - Onward, Christian soldiers, rip and tear and smite! Let the gentle Jesus bless your dynamite. Splinter skulls with shrapnel, fertilize the sod; Folks who do not speak your tongue deserve the curse of God. Smash the doors of every home, pretty maidens seize; Use your might and sacred right to treat them as you please.
Page 7 - No court of the United States shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as herein defined, except after hearing the testimony of witnesses in open court (with opportunity for crossexamination) in support of the allegations of a complaint made under oath, and testimony in opposition...
Page 1 - Washington, DC The subcommittee met, pursuant to call, at 10.30 o'clock am, in the committee room, Capitol, Senator Frederick Hale presiding.
Page 46 - The record abundantly shows that the defendant has both advocated and approved sabotage and criminal syndicalism as a means of accomplishing social and industrial changes in our form of government. In his public addresses, of which he has delivered a great number throughout the state, under the auspices of the organization known as the Industrial Workers of the World, the literature of that organization was circulated among his listeners, which teaches both sabotage and criminal syndicalism as a...
Page 4 - It shall not be unlawful for working men and women to organize themselves into, or carry on labor unions for the purpose of lessening the hours of labor or increasing the wages or bettering the condition of the members of such organizations; or carrying out their legitimate purposes as freely as they could do if acting singly.
Page 8 - Precedent is not our only guide in deciding these disputes, for many are worn out by time and made useless by the more enlightened and humane conception of social justice. That progressive sentiment of advanced civilization, which has compelled legislative action to correct and improve conditions which a proper regard for humanity would no longer tolerate, cannot be ignored by the courts. Our decisions should be in harmony with that modern conception, and not in defiance of it. some nisi prius adjudications...
Page 38 - OK's the bill. Steal the farmer's savings, take their grain and meat; Even though the children starve, the Savior's bums must eat. Burn the peasant's cottages, orphans leave bereft; In Jehovah's holy name, wreak ruin right and left. Onward, Christian soldiers, drench the land with gore; Mercy is a weakness all the gods abhor. Bayonet the babies, jab the mothers, too; Hoist the cross of Calvary to hallow all you do. File your bullets' noses flat, poison every well; God decrees your enemies must all...
Page 8 - ... useless by the more enlightened and humane conception of social justice. That progressive sentiment of advanced civilization which has compelled legislative action to correct and improve conditions which a proper regard for humanity would no longer tolerate cannot be ignored by the courts. Our decisions should be in harmony with that modern conception and not in defiance of it. Some nisi prius adjudications rendered in these disputes, disputes in which the public is as much interested as the...
Page 8 - We shall know," Cardozo said, "that the process of judging is a phase of a never ending movement, and that something more is expected of those who play their part in it than imitative reproduction, the lifeless repetition of a mechanical routine.

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