Mr. EMERY. It is, so far as the labor dispute itself is concerned. The CHAIRMAN. Now, I think we have a very fair statement placed in the record of the purposes of the organization. Will you now describe the organization itself?

Mr. EMERY. The National Association of Manufacturers was organized, I believe, in 1899-I was not present at its organization, and my knowledge with respect to that is entirely historic.

The CHAIRMAN. I think it was stated it was organized in 1895. Mr. EMERY. I may be wrong about that. The purpose of the organization was the promotion, advancement, and defense of the general interests of the American manufacturer. The organization did not take so strong and active a part in labor controversies, legislative or otherwise, until about the year 1903, but during all this period of time there had sprung up in the United States local organizations of employers, manufacturers' associations, industrial associations, employers' associations, business men's associations, one or more of whose functions, or whose exclusive function, was the protection of the rights and interests of employers and employees in the immediate locality, whether it be a city or State, or whether it be within a trade, because there have been small trade organizations formed for the purpose either of dealing collectively with labor organizations, or of defending members who do not choose to deal collectively with them and who prefer to maintain open shops.

The result of that was that there was brought together a very great number of such organizations, and when legislation of the kind we have had under discussion here appeared in Congress and in State legislatures, there were sporadic movements of business men, who appeared before legislatures to argue in behalf of their interests. There was a general perception throughout this period of the fact that since the labor organizations were systematically organized and constantly increasing their strength, and devoting themselves to secure legislation which would repeal the judicial decisions which gave a defense to the individual employers and workingmen, that it was to the immediate interest of the employers to present a great united front and secure national cooperation among organizations of that character.

That is to say, this occurred as far back as 1903 and 1904, and again in 1905. I first personally came in contact with it in 1904, when I attended a meeting of the Citizens' Industrial Association held at the Hotel Astor in New York, in which there were present representatives of the industrial organizations, chambers of commerce, boards of trade, manufacturers' associations, National, State, and local organizations; all men who believed in those principles. Out of that at that time there was in existence a Citizens' Industrial Association of America, which was made up of a large number of local associations, and whose chief purpose was the conduct of a national campaign on the subject of the open shop, and which had itself carried on through pamphlets, lectures, and platform work, and through the publication of a magazine, and through every media by which public opinion could be reached and informed. Then, at a later date, in 1907, because it was apparent that this organization did not affectuate the practical purposes which business men had in mind, so far as protection against a constantly increasing demand

for this legislation was concerned, which in the year 1906 had assumed its most threatening form, because it was then we had especially concrete evidence of the determination of organized labor to defeat Congressmen who did not accept and vote for their legislative program and carry it through, and with the beginning of that movement there was a decidedly stronger effort on the part of business men to endeavor to get these industrial organizations to cooperate and join forces in the movement.

In the meantime, there had also been organized other associations for the purpose of testing the legal rights involved by appropriate litigation. The National Council for Industrial Defense then grew out of a series of conferences which were held in New York at the invitation of Mr. Van Cleave, president of the National Association of Manufacturers, beginning in August, 1907, and ending in January, 1908. There were four conferences held there, the first in August, the second in September, the third in October, and the fourth in January, 1908. Out of these conferences grew what may be termed a standing committee, consisting of the chairman, secretary, and counsel, who were authorized by these associations to represent them in the matters of labor organization in which they were interested, and which were pending before Congress and before State legislatures. These conferences, I say, began in August, 1907, and the last one was in January, 1908. Mr. Van Cleave was chosen chairman of that conference and Mr. Schwedtman was chosen secretary of the Council that grew out of it, and I accepted the position in November, 1908, of counsel to the council. This movement began with some 10 or 12 national organizations which met in this conference.

The CHAIRMAN. Just a moment. That is your sole business now, is it not?

Mr. EMERY. Practically so.

The CHAIRMAN. You do have no general law practice, do you, or anything of that kind?

Mr. EMERY. No, sir; I have some private clients, but very few. Mr. WILLIS. How extensive were these conferences and how largely attended?

Mr. EMERY. I thought I had the minutes of the conference here, but I do not find them just at the moment.

The

Mr. Van Cleave, as president of the National Association of Manufacturers, in June, 1907, sent out a circular letter addressed to the Various industrial organizations-I think it was confined to national organizations-inviting them to meet in New York and consider methods of cooperation by which-each organization preserving its independence they could cooperate in matters of mutual interest. At the first conference-I shall be very glad to supply the memorandum to the committee; I thought I had it with me. first conference, held on August 19, 1907, was attended by the following associations: The National Association of Employing Lithographers, American Cotton Manufacturers' Association, National Association of Agricultural Implement and Vehicle Manufacturers, Merchant Tailors' National Protective Association, National Association of Master Plumbers, American Anti-Boycott Association, National Erectors' Association, Citizens' Industrial Association of America, National Association of Cotton Manufacturers, National

Founders' Association, National Wagon Manufacturers' Association, National Association of Manufacturers, National Plow Association, United Typothetæ of America, which is the organization of employ ing printers.

Mr. WILLIS. Making in all how many different organizations? Mr. EMERY. Twelve at this first meeting. They were each represented by three representatives.

Mr. STAFFORD. Were those 12 organizations all national in their scope?

Mr. EMERY. Yes, sir; they were all of them national in their scope. Mr. KIRBY. The National Metal Trades Association was also represented at this conference. I believe Mr. Emery did not mention them.

Mr. EMERY. They were represented in the conference, but not at the first meeting. There were four meetings, and some other organizations came in at a later meeting, but the Metal Trades Association came in at a later meeting, but the Metal Trades Association was not represented in the first meeting. There were stenographic reports of the proceedings of the first and either the second or third conferences. I think in the other conferences only the minutes of the meetings were preserved and certain resolutions adopted. The time was chiefly taken up with the expression of views on the part of all the representatives of the various organizations who were present as to the necessity for cooperation, the extent to which such cooperation could be carried, the methods of meeting expenses, and the business to which they would devote their attention. It became apparent to those engaged therein that no new organization could be or would be formed and that these organizations desired each to protect-I would like, Mr. Chairman, at this point to insert the letter which Mr. Van Cleave sent out inviting the various associations to attend this conference. It sets forth at length the proposition which he had in mind, and the contents of the letter may enlighten the committee.

The CHAIRMAN. Without objection, that will be inserted at this point, provided you can supply it to us.

(The letter referred to is as follows:)

Mr. S. B. TANNER,

JUNE 28, 1907.

President American Cotton Manufacturers' Association, Caroleen, N. C. MY DEAR SIR: Closer cooperation among the various organizations of employers and citizens would be of immeasurable value to all. There is nothing new in this thought. It has been expressed many times and in many forms, but it has never taken definite shape.

There has been a great amount of cooperation between many of the national organizations in Washington work in the handling of eight-hour, anti-injunetion, and other legislation. There has been cooperation in other directions also, but it has been more or less haphazard, and not worthy of the great interests which our organizations represent. We can not expect to work to the greatest efficiency and to accomplish the best results possible unless we assist each other more systematically and more definitely than we have in the past.

Accomplishments might be worked out by a central committee which are too great to be undertaken by any one association or by us all acting without coordination and independently.

All this has been discussed informally with the officers of the various large organizations, and it was decided to establish a council in which the various National and State organizations might deal jointly with many of the objects they have in common. Such a council is not in any way to affect the independence of purpose and action of any existing organization, but is simply to

give to each the advice and experience of all, and to all the power, convenience, and economy of effort and expense that would follow saving of reduplication of effort and expenditure of each.

It seems to me of the greatest importance that some definite understanding should be reached among all organizations interested in this movement at the earliest possible moment. Congress will again be in session in a short time, and it is more essential than ever to give the most careful attention to Federal and State legislation. The National Association of Manufacturers proposes to give the same earnest effort to this subject and contribute financially, if necessary, even more generously than in the past, but it is perfectly evident that with complete and harmonious cooperation with the other great organizations very much better results can be attained with the same, or less, total expenditure of time and energy in the furtherance of sound legislation and in opposition to the many measures which have been successfully opposed in the past, and which are sure to come up again in future; measures that cover issues larger than parties and creeds, and which go down to the fundamental principles upon which representative government and civilized society are based.

In addition to legislative work there are other directions in which greater success can be secured by more systematic cooperation. There should be a carefully organized legal department which will do all the work of the council, advise local organization, assist interstate business organizations in the prosecution in every part of the country of labor organizations which violate interstate and antitrust acts, carry on prosecution of every case of lawlessness during strikes, the proper prosecution of attempted boycotts, of assault and intimidation, and a careful compilation and distribution of all work handled by the legal department.

In addition there is need of close cooperation in the direction of publicity and education. Occasional pamphlets are being printed now for limited circulation, and there has been some praiseworthy effort on the part of associations and individuals to educate the people generally, but there is not enough of it to offset even in a small measure the wonderful amount of information being disseminated by the remarkably competent press bureaus of labor organizations. These organizations are recognized by those of us who have looked into them as far more capable and efficient in some respects than we are, because of their having more complete organization.

Remember that Horace Greeley said "The way to resume is to resume," and I believe that the way to start this council is to start it. We must at once decide upon proper representation in Washington and choose the man, or men, best qualified for this most important work. We should also take up the other propositions without delay.

This proposition is receiving at this time the careful consideration of 12 National organizations, and 4 State associations. What is your idea? Can you and will you take this up for prompt action with the executive committee of your organization? In order that no time may be lost I suggest that definite action be taken on the following points by your organization:

First. Do you approve of the plan of federation of associations; that is, cooperation for the common advancement of the interests of all with perfect independence preserved in each?

Second. Does my outline of the directions in which the council should do effective work-namely, in the direction of legislation, legal work and educational work-find your approval; and if not, which points, in your opinion, could be covered to better advantage by concerted action such as is contemplated in this council than by the individual action of your organization?

Third. Will you appoint a committee of three with power to act to represent your organization in a council consisting of three representatives of each federated organization, and can this be done with the least possible delay, so that a meeting of the council can be called at a very early date? Trusting I shall be honored by your early reply, I am,

Very truly, yours,

President.

Mr. EMERY. As I said, it was apparent that an organization-any attempt to resolve all these organizations into a new organization was impossible, and they all desired to cooperate with each other, and they desired to do that in such a way that each would secure such

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cooperation, and, at the same time, carefully preserve its own independent action. So the organization became a loose federation which finally expressed itself in the standing committee, the counsel for which was authorized to represent these organizations in matters of labor legislation at Washington, and to compile and distribute information respecting legislation in which they were interested, and to represent them in arguments before all committees, and to keep them fully informed in respect to all legislation of this character which was pending here from time to time. This was a matter of development, to advise and inform the organizations in the different parts of the country with respect to legislation before their own legislatures of similar character. In such cases the bills would be sent to the counsel, who would analyze them, render an opinion upon them, and return them to them, and if the principle at issue was considered one of such importance that it deserved argument, he would appear before the proper committee of the State legislature and argue the matter at length.

In the meantime, he carried on, likewise, a very wide distribution of literature involving an analysis of these various proposals, and this was widely distributed all over the country, and was the basis of magazine and newspaper articles and lectures and addresses delivered before the various associations, or various public gatherings at which there were discussions of these matters.

The CHAIRMAN. In regard to those organizations you have mentioned as being present at the first meeting, you have mentioned the National Association of Manufacturers as one of them?

Mr. EMERY. Yes, sir.

The CHAIRMAN. Now, I will ask you whether or not it was true that a number of those other associations were also members of the National Association of Manufacturers?

Mr. EMERY. No

The CHAIRMAN (interposing). They were separate?

Mr. EMERY. Separate and distinct organizations, each performing its own function. For instance, take some of the organizations I have mentioned, and you will see they were organizations in their own respective industries or trades. The National Association of Agricultural Implement and Vehicle Manufacturers was an organization for the purpose of furthering the best interests of its own particular industry.

The CHAIRMAN. Do you happen to know whether it was an incorporated institution, similar to the N. A. M.?

Mr. EMERY. I do not. It is a trade organization, of which there are a great number in this country.

The CHAIRMAN. I suppose there are a great number of members of that organization, for instance, who are also members of the N. A. M.?

Mr. EMERY. That is quite likely. Of course, the National Association of Manufacturers, including in its membership, firms, individuals, and corporations, includes representatives of every industry of the country, so that it would be almost impossible to have. a gathering of manufacturers in some particular line or trade in which there would not be representatives of the National Association of Manufacturers, but they would not be members, as such.