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The friendliness of the Persian Government continues to be shown by its generous treatment of Americans engaged in missionary labors and by the cordial disposition of the Shah to encourage the enterprise of our citizens in the development of Persian resources. A discussion is in progress touching the jurisdictional treaty rights of the United States in Turkey.
The Ottoman Porte has not yet assented to the interpretation which this Government has put upon the treaty of 1830 relative to its jurisdictional rights in Turkey.
They note the unworthy conduct of many labor leaders, they find instances of bad work by union men, of a voluntary restriction of output, of vexations and violent strikes, of jurisdictional disputes between unions which often disastrously involve the best intentioned and fairest of employers. All these things occur and should be repressed.
A second unjustifiable practice is the secondary boycott, when used to further jurisdictional disputes or to compel employers to violate the National Labor Relations Act. Not all secondary boycotts are unjustified. We must judge them on the basis of their objectives.
That a declaration may be an appropriate remedy for both jurisdictional errors and closely analogous defects such as unfairness or breaches of natural justice is shown by such Privy Council and House of Lords decisions as De Verteuil v. Knaggs A.C. 557, Pyx Granite Co. Ltd. v. Ministry of Housing A.C. 260, and Ridge v. Baldwin A.C. 40.
There was a province of urban law and a province of military law, in the latter of which the -provocatio- and other regulations of urban law were not applicable; there were magistrates, such as the proconsuls, who were empowered to discharge functions simply in the latter; but there were, in the strict sense of law, no magistrates with merely jurisdictional, as there were none with merely military, -imperium-. The proconsul was in his province, just like the consul, at once commander-in-chief and supreme judge, and was entitled to send to trial actions not only between non-burgesses and soldiers, but also between one burgess and another.
Our factory-hands are organized in the C.I.O., and our warehouse, sales, and shipping personnel are in the A.F. of L., and if they aren't fighting the company, they're fighting each other. Now they have some damn kind of a jurisdictional dispute.... I don't know what this country's coming to!" He glared angrily through his octagonal glasses for a moment.
Unfortunately, the uncertainties resulting from such a situation, and the jurisdictional disputes attending upon it, tend to bewilder and confuse the public and create the impression that service differences are damaging the national interest. Let us proudly remember that the members of the Armed Forces give their basic allegiance solely to the United States. Of that fact all of us are certain.
First, under this point, are jurisdictional strikes. In such strikes the public and the employer are innocent bystanders who are injured by a collision between rival unions. This type of dispute hurts production, industry, and the public and labor itself. I consider jurisdictional strikes indefensible.
It is not, however, open to much doubt that the Department was not a very successful custodian of the trade autonomy principle. Jurisdictional disputes are caused either by technical changes, which play havoc with official "jurisdiction," or else by a plain desire on the part of the stronger union to encroach upon the province of the weaker one.
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