future to be filled by members of that association, unless that association is unable to furnish competent men with reasonable promptness."

A lithographic company in New York City signed this agreement with the local union, which subsequently stated that, although it had positive assurances that the establishment would be conducted under "closed shop" conditions, in accordance with the provisions of the compact, the company had broken the agreement by refusing to discharge non-union employees and re-engage its old workmen. The local union stated that it appealed to the general officers of the international association, that the latter decided in favor of the company and filled the vacant places with members of subordinate associations outside of the metropolis.

While the dispute was impending in the summer of 1906 the State Mediator of Industrial Disputes made an unsuccessful effort to effect an adjustment of the difficulty. A conference was held on August 1st, but as the union committee did not have power to make an absolute agreement, and as the relations between the two parties were so strained nothing could be accomplished by the mediator. Some time after the beginning of hostilities the National Civic Federation offered its services to mediate between the contending parties, but the employers association declined the proffer. The Lithographic Foremen's Club of New York City also offered to act as intermediary in order to bring about a settlement of the disputed questions, which offer was also refused by the associated employers on the ground that any possibility of a conference ended when the offer of arbitration was extended to the union's national officials in August " and answered by the calling of a strike of our employees." *

*On May 23, 1907, the announcement was made by the Lithographers' International Protective and Beneficial Association that it had been decided by referendum vote to discontinue the strike. Similar action was taken by the International Association of Lithographic Stone and Plate Preparers. Officials of these unions reported that when their members applied for re-employment they were required to affix their signatures to printed forms stating that they had severed their connection with the trade organizations before they could return to work. The metropolitan unions have informed the Bureau that upon the close of the dispute they notified the establishments that had conceded the 48-hour week that they were at liberty to return to the 53-hour rule, but that seventeen of these firms had replied that they preferred to conduct their shops . upon the 48-hour basis. In New York City the union of pressmen, transferers and provers reported that it disbursed $132,313.22 in strike benefits during the pendency of the dispute, and for a like purpose the organization of stone and plate preparers stated that it expended $24,180. At the cessation of hostilities the employers' association issued a statement saying, among other things, that "the struggle has been waged by both sides with unusual vigor and steadfastness of purpose, and it can be said with all fairness that the union has conducted its side

IV.

NOTES ON INDIVIDUAL DISPUTES.

The following pages contain notes or brief narratives concerning twenty-one disputes, namely, the twenty in which there was personal intervention by a representative of the Bureau of Media

of the dispute with tactics which are unusual for the latter-day labor union. Little or no violence has marked its progress, and, although the purposes for which the strike was called were unjust and unfair beyond measure, nevertheless the strike has been conducted with methods which have been comparatively clean."

In May, 1907, Johan Haering and August Kurzdorfer, lithographic artists from Germany, landed at the Port of New York and were detained by the immigration authorities on a charge of illegally entering the United States under contract with the American Lithographic Company of New York City, a concern whose workmen were then on strike. Represented by counsel the aliens appeared before a special board of inquiry, consisting of Inspectors Parbury (chairman), Paul and Converse, on May 20, to show cause why they should not be deported under the Alien Contract Labor Law. They admitted that they had come to the United States under contract, but their counsel produced witnesses to show that they were entitled to land on the grounds (1) that they were artists within the meaning of the statute, and (2) that there were not at the time any unemployed lithographic artists in this country. Kurzdorfer testified that he drew small lithographic pictures with a pen on stone, and that for five years he had attended an art school at Nierburg, Germany. Haering testified that he too was a lithographic artist and that he was going to the American Lithographic Company, whose representative had engaged him for one year at a salary of $35 per week, telling him that there were no lithographers for minlature pictures in the United States. In Germany he stated that he had had twenty years' experience at his trade and received thirty-two marks ($7.76) per week, which was about the highest wages pald there for that class of work. He said he belonged to a union of his trade in Germany, and that if he had known there was a strike in the United States he would not have come here, it having been represented to him that employing lithographers were unable to secure competent persons to perform the kind of work he was expected to do.

In the interest of the allens evidence was adduced to the effect that some of the leading European artists had executed works of art on lithographic stones. Several persons gave testimony in behalf of the detained men. Henry W. Kupfer, superintendent of the art department of the American Lithographic Company, testified that the company had but ten lithographic artists when it could use to advantage twenty or twenty-five. The same condition In securing men had existed for three or four years, and that to meet this situation the concern found it necessary to import artists. Early in 1907 it sought information from the Department of Commerce and Labor as to how this could be done, and the Commissioner General of Immigration had instructed the company that It must demonstrate to the immigration authorities that labor of a similar kind unemployed was unavailable in this country before it could enter into contract with alien workmen. Olin D. Gray, President of the Gray Lithograph Company of New York, swore that "we have been utterly unable to get any artists of that character, although for the past three or four years we have tried in vain to secure them in this country. We have repeatedly been compelled to decline to accept orders requiring the high grade of work demanded and had to let them go abroad." He said the highest grade of work paid the largest profits. Witness considered a lithographic artist an artist. A majority of them, he stated, have not had a very thorough training. "I had applied frequently to the union prior to 1906," he continued, "and was told that not a single man, even of the poorest quality, was out of employment, and that we must look elsewhere than the union to fill our requirements." Concluding he testified that he knew there were no lithographic artists to supply the demand, because he had thoroughly advertised for them, sent emissarles to other cities in quest of them, and fruitlessly made efforts of all kinds to secure such men. Replying to a question by counsel for the union he said that a union member would not receive employment unless he resigned from his organization.

The principal witness against the detained aliens was Richard Kitchelt, National President of the Lithographic Artists. Engravers and Designers' League of America, who gave testimony concerning the strike then in progress and presented reasons why the two men should be deported. Mr. Kitchelt, who had had fifteen years' experience as a lithographic artist, regarded the allens as

tion and Arbitration (cf. tabular summary of these in Chapter I) and the strike of painters and decorators in New York City, which was one of the leading disputes of the year, and in which the strike was undertaken to annul an arbitrator's decision rendered on previous joint submission of the parties.

artisans, not artists. "We do not," he declared, "consider ourselves artists in the sense in which the painter of great pictures would be called an artist, for the reason that a lithographic artist does not create anything. He merely re produces that which some one else has drawn." The cause of the strike, he said, was the "open shop," which, as it has been understood by members of the organization, is a shop in which no members of the organization are employed. It means the employment of non-union labor. The American Lithographic Company refused to employ a considerable number of our members who were formerly their employees for the reason that these former employees belong to our organization." Mr. Kitchelt testified that the highest pay of lithographic artists in this country is $60 per week. Very few get $50. but a good many receive $35. Fifty per cent. get more than $25. His union, he said, had about 960 members, 240 of whom were then out of employment owing to the strike. Relative to stipple artists, men that do the kind of work the allens who were brought in under contract were expected to perform, he stated that "there are approximately 100 members who do that particular class of work, and an additional number, I should say approximately thirty, who do it incidentally, but not as a specialty. There are 130 men who are capable of doing the work to a complete extent out of employment at the present tinie. There are more than sufficient artists in the country at the present time to do the lithographic work which the lithographic business requires at the present time; but if the lithographic employers at the present time were to hire the number of workmen which they formerly had and they wished to re-establish the number of workmen in the plants which they formerly had there would not be a sufficient number to supply them. In other words, there would not be sufficient workmen to supply these firms in which there is a strike with their prior number of workmen were they to require all at the present time." Questloned by counsel for the aliens, witness said he was a member of the advisory board of his organization which had issued a circular reading: "The number of those who have been scabbed' is only a small percentage of those who were out; and the employers' own figures show that the number of men they lack in the art departments is actually greater than the whole number now out; so that were the strike to be settled to-morrow there would not be enough men to supply all vacancies."

Several witnesses, former employees of the American Lithographic Company. testified that they could do the work required; that they were then on strike and out of employment.

The hearing closed on May 3, when Inspector Paul moved the exclusion of the allens before the board as coming to the United States in violation of the Allen Contract Labor Law, prefacing his motion with these remarks: "The counsel for the allens, contending that they are artists, seeks their admission on that ground. I am not satisfied of the fact that they are artists, and there appears to be a vast difference of opinion by men who are employed in like avocations as regards the proper appellation in that connection. If artists, in my opinion, a numerous portion of skilled craftsmen would come under that heading and category. The counsel for the aliens seeking admission contends that like employed persons are not to be found in the United States at this time. There seems to be a preponderance of testimony in support of the contention of the union to the effect they have men who are at this time out of employment, capable of doing the class of work expected and demanded of these allens. Therefore, not being satisfied with the contention of the aliens, by counsel, that they are artists, and believing that there are men of this class of craftsmen unemployed in the United States at the present time, I feel justified in moving their exclusion." This motion was unanimously carried, and Haering and Kurzdorfer were ordered deported. From this ruling they appealed to the Secretary of Commerce and Labor, who to obtain a ruling, submitted the record in the case to the Department of Justice. On June 18th the Attorney-General rendered an opinion favorable to the aliens, and Assistant Secretary Laurence O. Murray, of the Department of Commerce and Labor, on June 19th notified the Commissioner of Immigration at Ellis Island that "the Department accordingly sustains the appeal of said lithographers and directs that they shall be formally landed."

Following is the text of Attorney-General Bonaparte's opinion:

"It appears from the testimony taken at the hearing that the allens in question, August Kurzdorfer and John Haering, are lithographic artists and natives of Germany who are coming to this country in pursuance of a contract of employment entered into by them with the American Lithographic Company of New York. The company, through an agent abroad, prepaid their passage and agreed to employ them for a period of one year at a stipulated weekly salary. "Unless saved by an excepting clause, or a proviso, this contract is squarely within the prohibition of the statutes referred to. While this was not denied by

AMSTERDAM LATCH NEEDLE KNITTERS.

On May 17 the latch needle knitters in several of the Amsterdam knitting mills went out on strike for an increase in wages of 22 cents per hour, or from $1.50 to $1.75 per day. The strike actually started in the mill of the Blood Knitting Company but

the appellants, it is insisted in their behalf that, under the first proviso of section 5 of the act of February 25, 1885 (supra), and the second and third provisos of section 2 of the act of March 3, 1903 (supra), they should be admitted.

"The material part of section 5 of the act of 1885 reads as follows: 'Provided, that skilled labor for that purpose cannot be otherwise obtained; nor shall the provisions of this act apply to professional actors, artists, lecturers, or singers, nor to persons employed strictly as personal or domestic servants.'

"Unless then it can be shown that these allens are artists within the meaning of the statutes, or that skilled labor of like kind unemployed cannot be found in this country the appeal must be dismissed. A decision upon either point in favor of the aliens would entitle them to admission.

"As the appeal should clearly be sustained on the second ground upon the evidence submitted, I deem it unnecessary to determine whether the appellants are artists.

"On the former point the evidence is so free from contradiction that were the case being tried by a judge and jury the court would be obliged to direct a verdict for the aliens. Their counsel at the hearing before the Board of Inquiry called officers of five different lithographic companies to testify to the scarcity of lithographic artists in this country. Henry W. Kupfer, Superintendent of the art drawing department of the American Lithographic Company, testified that he had been for four years in charge of that department, and that during all that time part of his duty had been to hire lithographic artists; that while his company could use to advantage twenty or twenty-five artists, it had only ten. He further testified that for three or four years there had been the same difficulty in securing men to do this work. It also appears from his testimony that the company in the belief that to meet this situation it was necessary to bring men in from abroad, applied early in 1907 to your department, to know how this might be done. The Commissioner General of Immigration suggested that before any steps were taken looking to the importation of labor, it was advisable to demonstrate to the satisfaction of the authorities that no labor of like kind unemployed was available in this country. In accordance with his suggestions advertisements were inserted three times a week for four weeks in twelve newspapers of general circulation in the eight cities where it seemed most likely that lithographic artists could be secured. There were thirty-two answers to these advertisements. No personal applications were made, and the company did not secure a single lithographic artist as a result of its efforts. The reasons why none of the thirty-two who communicated with the company were selected are clearly and satisfactorily explained in the record you have submitted for my consideration. The company thereupon entered into contract. above referred to, with Kurzdorfer and Haering, informing the Commissioner General of Immigration of the fact, and of the date upon which the allens would reach New York in order that a test case might thus be made.

"Olin D. Gray, President of the Gray Lithograph Company, testified that he had been for twenty-two years in the business, and that for three or four years past he has been unable to get a sufficient number of lithographic artists, and as a result has been repeatedly forced to decline to take orders requiring a high grade of workmanship. These orders have then been placed abroad. His company had advertised in every eastern paper and had applied to the National Lithographic Artists. Engravers and Designers' League, the trades union of the craft, without getting relief. Mr. Gray further testified that he had sent emissaries to different cities in the United States to secure men, without getting rellef. While he admitted his unwillingness to employ union men he testified that there were no union men unemployed to do the work he wanted.

"J. L. Ketterlinus, President of the Ketterlinus Lithograph Manufacturing Company, testified that he had been unable to secure the number of lithographle artists he needed for five years back.

"W. F. Powers, President of the W. F. Powers Lithograph Company, testified that he had been obliged to refuse work because he could not get men.

"C. W. Frazier testified to the same effect.

"All of these witnesses swore that the demand for high grade lithographic work was constantly increasing in this country. The work, however, has been going abroad because the lack of skilled lithographic artists, according to the statements of these witnesses, prevents its being done in this country.

"Counsel for appellants has also put in evidence a report of the Bureau of Statistics showing that the value of lithographic Importations has increased from under $950.000 for the fiscal year ending June 30, 1898, to approximately $2.700,000 for the last fiscal year. This development has been gradual and steady, every year showing an increase over the year before, and the figures for the first nine months of the current fiscal year show a still further increase.

quickly spread to the others and was extended after the 17th so that within a day or two all of the knitting mills in Amsterdam were involved, all of the knitters, to the number of 250, being on strike. Their suspension of work gradually affected other departments of the mills until finally about 1,200 other

"This testimony as to the scarcity of labor is practically uncontradicted. Counsel for the Lithographic Artists, Engravers and Designers' League attempted to show that the difficulty in securing men was due to a strike, which had been declared in August, 1906. This idea is negatived by the statements of the witnesses above referred to, to the effect that the shortage existed for several years prior to the time the strike was declared. Nowhere in the record is there a scintilla of evidence even tending to contradict this.

"Richard Kitchelt, President of the National Lithographic Artists, Engravers and Designers' League, testified that there were about 240 members of his organization unemployed in the United States and that this was a sufficient number to fill all vacancies and to meet the demands of the lithographic business. Counsel for the aliens then put in evidence a circular issued, with the knowledge of Mr. Kitchelt by the National Advisory Board of the Lithographic Artists, Engravers and Designers' League, of which he admitted he was the head, which ran in part as follows: The employers' own figures show that the number of men they lack in the art departments is actually greater than the whole number now out, so that were the strike to be settled to-morrow there would not be enough men to fill all vacancies.'

"In view of this statement with his authority by a board of which he was the head, his testimony to the contrary is entitled to but little weight.

"I, therefore, advise you that the record you have submitted shows beyond any reasonable doubt that there are not in the country at this time a sufficient number of lithographic artists employed and unemployed to meet the demands of the business. The decision of the Board of Special Inquiry should, therefore, be reversed and the aliens admitted."

President Samuel Gompers, of the American Federation of Labor, has entered an emphatic protest against the foregoing opinion of Attorney-General Bonaparte. Mr. Gompers writes in the American Federationist for August, 1907, that "this case is of great importance fo all labor. The law enacted to protect the American standard of life of our workmen from being undermined by contracting and bringing to this country strike-breakers to defeat the honest and just aspiration of America's tollers, will not be permitted to stand without most emphatic protest. The opinion of the Attorney-General is far-fetched and entirely out of harmony with the spirit and purpose of the Anti-Allen Contract Labor Law. The law will be upheld and if necessary made more effective." President Gompers declares that, although the Lithographic Artists, Engravers and Designers' League of America "Is unaffiliated with the American Federation of Labor, we believed that the matter involved the interests of all labor, and therefore determined to act in the matter. We intended to confer with the Secretary of Commerce and Labor in regard to it, but Mr. Straus had already gone on a tour of inspection of the principal Pacific coast immigration stations. We had an engagement with Secretary of War Taft to bring to his attention certain other labor grievances and Incidentally related to him the Attorney-General's opinion and the evil results which would inevitably follow should it be permitted to stand. He suggested we write him all the facts in the case, which, with the assistance of President Kitchelt, we immediately did in the following letter:

"Hon. William H. Taft,

"Office of the American Federation of Labor.
"Washington, D. C., July 2, 1907.

"Secretary of War,

"Washington. D. C.

"Sir: During the interview with you to-day, I called your attention to the opinion rendered by the Attorney-General in the case of two allens. August Kurzdofer and John R. Haering, and under which the decision of the Board of Special Inquiry at Ellis Island, for the deportation of these men, was reversed and their landing ordered.

"I only learned of this case a day or so ago. The Secretary of Commerce and Labor, Hon. Oscar S. Straus, is not in the city, and as I learned he is out on a tour of inspection of the Pacific coast, I therefore could not avail myself of bringing the matter to his attention. After briefly reciting the case to you, I asked your advice in regard to the matter, and you suggested my writing to you upon it, and which I promptly do as follows:

"It appears that two aliens by the names of August Kurzdofer and John R. Haering, lithographic stipplers. were detained at the port of New York and ordered deported by the decision of the Board of Special Inquiry as workmen Imported under contract by the American Lithographic Company. The case was appealed to the Secretary of Commerce and Labor, who referred the matter to