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of Courts Sitting in Equity

HEARING

BEFORE A

SUBCOMMITTEE OF THE
COMMITTEE ON THE JUDICIARY.

Congress.
UNITED STATES, SENATE

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SEVENTY-FIRST CONGRESS

SECOND SESSION

ON

S. 2497

A BILL TO AMEND THE JUDICIAL CODE AND TO DEFINE
AND LIMIT THE JURISDICTION OF COURTS
SITTING IN EQUITY, AND FOR

OTHER PURPOSES

APRIL 22, 1930

Printed for the use of the Committee on the Judiciary

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KERINGS, PRINTS AND REPORTS

DEFINING AND LIMITING THE JURISDICTION OF

COURTS SITTING IN EQUITY

TUESDAY, APRIL 22, 1930

UNITED STATES SENATE,
SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY,

Washington, D. C. The subcommittee met, pursuant to call, at 10:30 o'clock a. m., in the committee room, Capitol, Senator George W. Norris, chairman, presiding.

Present: Senator Norris.

The subcommittee had under consideration S. 2497, which is here printed in full, as follows (the referred bill in brackets, proposed substitute in italics) :

[S. 2497, Seventy-first Congress, second session]

A BILL To amend the Judicial Code and to define and limit the jurisdiction of courts

sitting in equity, and for other purposes

ansas.

ssippi.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [That chapter 2 of an act entitled "An act to codify, revise, and amend the laws relating to the judiciary," approved March 3, 1911, be amended by adding thereto the following:

“SEC. 28. Equity courts shall have jurisdiction to protect property against
irreparable injury arising from definite destructive action, when there is no
remedy at law; for the purpose of determining such jurisdiction the expression
* remedy at law' shall be held to be any remedy, criminal or civil, provided by
legislation, and nothing shall be held to be property unless it is exclusive,
tangible, and transserable; and section 4 of the antitrust act of 1890, together
with all amendments thereof and all laws and parts of laws inconsistent here.
with, are hereby repealed.”]
That no court of the United States, as herein defined, shall have jurisdiction
to issue any restraining order or temporary or permanent injunction in a case
involving or growing out of a labor dispute, except in strict conformity with
the provisions of this act; nor shall any such restraining order or temporary or
permanent injunction be issued contrary to the public policy declared in this
act,

Sec. 2. In the interpretation of this act and in determining the jurisdiction and authority of the courts of the United States, as such jurisdiction and authority are herein defined and limited, the public policy of the United States is hereby declared as follows:

Whereas under prevailing economic conditions, developed with the aid of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore it is necessary that he have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate the terms and conditions of his employment, and that he shall be free from the interfercnce, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organ zation or in other concerted activities for the purpose of collective bargaining or other

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