Center for Teaching the Rule of Law

July 12, 1917 – The Bisbee Deportation occurs as vigilantes kidnap and deport nearly 1,300 striking miners and others from Bisbee, Arizona.

7/12/2021

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PictureHarry C. Wheeler, the Sheriff of Cochise County who organized the Jerome Deportation. Wheeler's role in the illegal vigilante action was the subject of a United States Supreme Court decision which held that even though the deportees were transported across state lines, the Constitution did not provide the federal government with the authority to prosecute Wheeler and others involved in the deportation.
The mining town of Bisbee, Arizona has a troubled past.  In 1883 it was the scene of a brutal robbery by the Cochise County Cowboys gang  and in the "red Summer" of 1919, racial violence erupted between African American soldiers and local officials.  However, the most notorious event in Bisbee's history was the  forced deportation of over 1300 striking miners, mostly Mexican Americans, and their supporters by a posse of 2000 deputized citizens at the instigation of the Phelps Dodge Mining Company.

In May 1917, IWW Local 800 presented a list of demands to Phelps Dodge. They asked for an end to physical examinations after shifts (used by the mine owners to counter theft), having two workers on each drilling machine, two men working the ore elevators, an end to blasting while men were in the mine, an end to the bonus system, no more assignment of construction work to miners, replacement of the sliding scale of wages with a $6.00 per day shift rate, and no discrimination against union members. The company refused all the demands.

IWW Local 800 called a strike to begin on June 26, 1917. When the strike occurred as scheduled, not only the miners at Phelps Dodge, but also those at other mines walked out. More than 3,000 miners—about 85 percent of all mine workers in Bisbee—went on strike.  Although the strike was peaceful, local authorities immediately asked for federal troops to break the strike. Cochise County Sheriff Harry Wheeler set up his headquarters in Bisbee on the first day of the strike. On July 2, Wheeler asked Republican Governor Thomas Edward Campbell to request federal troops, suggesting the strike threatened US war interests and claiming, without any evidence that "[t]he whole thing appears to be pro-German and anti-American." Campbell quickly telegraphed the White House and made the request, but President Woodrow Wilson declined to send in the Army. He appointed former Arizona Governor George W. P. Hunt as a mediator; Hunt, however, took no affirmative steps to bring the two sides to the bargaining table.

On July 5, 1917, an IWW local in Jerome, Arizona, struck Phelps Dodge. Douglas ordered his mine superintendents to remove the miners from the town, in what became known as the Jerome Deportation. Mine supervisors, joined by 250 local businessmen and members of the IUMMSW, began rounding up suspected IWW members at dawn on July 10. More than 100 men were abducted by these vigilantes and held in the county jail (with the cooperation of the Yavapai County sheriff). Later that day, 67 men were deported by train to Needles, California, and ordered not to return. When the IWW protested to Governor Campbell, he declared that the IWW had "threatened" the governor.

The Jerome Deportation proved to be a test run for Phelps Dodge, which ordered the same plan, but larger in scale, in Bisbee.   On July 11, 1917, Sheriff Wheeler met with Phelps Dodge corporate executives to plan the deportation of striking miners. Some 2,200 men from Bisbee and the nearby town of Douglas were recruited and deputized as a posse— one of the largest posses ever assembled. Phelps Dodge officials also met with executives of the El Paso and Southwestern Railroad, who agreed to provide rail transportation for any deportees.

At 7:30 a.m., the 2,000 arrested men were assembled in front of the Bisbee Post Office and marched two miles (3 km) to Warren Ballpark. Sheriff Wheeler oversaw the march from a car outfitted with a loaded Marlin 7.62 mm belt-fed machine gun. At the baseball field, the arrestees were told that if they denounced the IWW and went back to work, they would be freed. Only men who were not IWW members or organizers were given this choice. About 700 men agreed to these terms, while the rest sang, jeered or shouted profanities.

At 11:00 a.m., the El Paso and Southwestern Railroad brought 23 cattle cars to Bisbee. The posse deputies forced the remaining 1,286 arrestees at gunpoint to board the cars, many of which had more than three inches (76 mm) of manure on the floor. Although temperatures were in the mid-90s Fahrenheit,[(mid-30s Celsius), no water had been provided to the men since the arrests began at dawn.

The train stopped 10 miles (16 km) east of Douglas to take on water, some of which was provided to the deportees in the packed cars. Deputies manned two machine guns from nearby hilltops to guard the train, while another 200 armed men patrolled the tracks. The train continued to Columbus, New Mexico (about 175 miles (282 km) away), arriving at about 9:30 p.m. Initially prevented from unloading at Columbus, the train slowly traveled west another 20 miles (32 km) to Hermanas, not stopping until 3:00 a.m.

During the Bisbee Deportation, Phelps Dodge executives seized control of the telegraph and telephones to prevent news of the arrests and expulsion from being reported. Company executives refused to let Western Union send wires out of town, and stopped Associated Press reporters from filing stories. News of the Bisbee Deportation was made known only after an IWW attorney, who met the train in Hermanas, issued a press release.

With 1,300 penniless men in Hermanas, the Luna County sheriff worriedly wired the Governor of New Mexico for instructions. Republican Governor Washington Ellsworth Lindsey said the men should be treated humanely and fed; he urgently contacted President Wilson and asked for assistance. Wilson ordered U.S. Army troops to escort the men to Columbus, New Mexico. The deportees were housed in tents originally intended for use by Mexican refugees, who had fled across the border to the United States to escape the Mexican Army's Pancho Villa Expedition. The men were allowed to stay in the camp for two months until September 17, 1917.

From the day of the deportations until November 1917, the Citizens' Protective League ruled Bisbee. Based in a building owned by the copper companies, its representatives interrogated residents about their political beliefs with respect to unions and the war, determining who could work or obtain a draft deferment. Sheriff Wheeler established guards at all entrances to Bisbee and Douglas. Anyone seeking to exit or enter the town over the next several months had to have a "passport" issued by Wheeler. Any adult male in town who was not known to the sheriff's men was brought before a secret sheriff's kangaroo court. Hundreds of citizens were tried, and most of them were deported and threatened with lynching if they returned. Even long-time citizens of Bisbee were deported by this "court".

From the day of the deportations until November 1917, the Citizens' Protective League ruled Bisbee. Based in a building owned by the copper companies, its representatives interrogated residents about their political beliefs with respect to unions and the war, determining who could work or obtain a draft deferment. Sheriff Wheeler established guards at all entrances to Bisbee and Douglas. Anyone seeking to exit or enter the town over the next several months had to have a "passport" issued by Wheeler. Any adult male in town who was not known to the sheriff's men was brought before a secret sheriff's kangaroo court. Hundreds of citizens were tried, and most of them were deported and threatened with lynching if they returned. Even long-time citizens of Bisbee were deported by this "court".

When ordered to cease these activities by the Arizona Attorney General, Wheeler tried to explain his actions. Asked what law supported his actions, he answered: "I have no statute that I had in mind. Perhaps everything that I did wasn't legal....It became a question of 'Are you American, or are you not?" He told the Attorney General: "I would repeat the operation any time I find my own people endangered by a mob composed of eighty percent aliens and enemies of my Government."

These actions took place during a period in the early 20th century when attacks by anarchists and labor unrest and violence erupted in numerous American cities and industries. Many native-born Americans were worried about such actions, attributing the unrest to the high numbers of immigrants, rather than to the poor working conditions in many industries. As a result, national press reaction to the Bisbee Deportation was muted. Although many newspapers carried stories about the event, most of them editorialized that the workers "must have" been violent, and therefore "gotten what they deserved", thus criminalizing the victims. Some major papers said that Sheriff Wheeler had gone too far, but declared that he should have imprisoned the miners rather than deported them. The New York Times criticized the violence on the part of the mine owners and suggested that mass arrests "on vagrancy charges" would have been appropriate. Former President Theodore Roosevelt said that "no human being in his senses doubts that the men deported from Bisbee were bent on destruction and murder."

The men deported from Bisbee pleaded with President Wilson for protection and permission to return to their homes. In October 1917, Wilson appointed a commission of five individuals to investigate labor disputes in Arizona. They were led by Secretary of Labor William B. Wilson (with support from Assistant Secretary of Labor Felix Frankfurter, future Associate Justice of the US Supreme Court). The commission heard testimony during the first five days of November 1917. In its final report, issued on November 6, 1917, the commission denounced the Bisbee Deportation. "The deportation was wholly illegal and without authority in law, either State or Federal," the commissioners wrote.

On May 15, 1918, the U.S. Department of Justice ordered the arrest of 21 Phelps Dodge executives, including some from the Calumet and Arizona Co., and several elected leaders and law enforcement officers from Bisbee and Cochise Counties. The arrestees included Walter S. Douglas. Sheriff Wheeler was not arrested because he was by then serving in France with the American Expeditionary Force during World War I.

A pre-trial motion by the defense led a federal district court to release the 21 men on the grounds that no federal laws had been violated. The Justice Department appealed, but in United States v. Wheeler, 254 U.S. 281 (1920), Chief Justice Edward Douglass White wrote for an 8-to-1 majority that the U.S. Constitution did not empower the federal government to enforce the rights of the deportees. Rather, it "necessarily assumed the continued possession by the states of the reserved power to deal with free residence, ingress and egress." Only in a case of "state discriminatory action" would the federal government have a role to play.

Arizona officials never initiated criminal proceedings in state court against those responsible for the deportation of workers and their lost wages and other losses. Some workers filed civil suits, but in the first case the jury determined that the deportations represented good public policy and refused to grant relief. Most of the other suits were quietly dropped, although a few workers received payments in the range of $500 to $1,250.

The Bisbee Deportations were later used by some proponents as an argument in favor of stronger laws against unpopular speech. Such laws would be justified as empowering the government to suppress disloyal speech and activity, and remove the need for citizens groups to take actions the government could not. During World War I, the federal government used the Sedition Act of 1918 to prosecute people for statements in opposition to the war.

At the end of the conflict, Attorney General A. Mitchell Palmer and others advocated for a peacetime equivalent of the Sedition Act, using the Bisbee events as a justification. They claimed that the only reason the company representatives and local law enforcement had taken the law into their own hands was that the government lacked the power to suppress radical sentiment directly. If the government were armed with appropriate legislation and the threat of long prison terms, private citizens would not feel the need to act. Writing in 1920, Harvard Professor Zechariah Chafee mocked that view: "Doubtless some governmental action was required to protect pacifists and extreme radicals from mob violence, but incarceration for a period of twenty years seems a very queer kind of protection."

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June 16, 1836 – The formation of the London Working Men's Association gives rise to the Chartist Movement.

6/16/2021

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The London Working Men's Association was an organization established in London on June 6, 1836. It was one of the foundations of Chartism. The founders were William Lovett, Francis Place and Henry Hetherington. They appealed to skilled workers rather than the mass of unskilled factory laborers. They were associated with Owenite socialism and the movement for general education.  

Chartism was a working-class movement for political reform in Britain that existed from 1838 to 1857. It took its name from the People's Charter of 1838 and was a national protest movement, with particular strongholds of support in Northern England, the East Midlands, the Staffordshire Potteries, the Black Country, and the South Wales Valleys. Support for the movement was at its highest in 1839, 1842, and 1848, when petitions signed by millions of working people were presented to the House of Commons. The strategy employed was to use the scale of support which these petitions and the accompanying mass meetings demonstrated to put pressure on politicians to concede manhood suffrage. Chartism thus relied on constitutional methods to secure its aims, though some became involved in insurrectionary activities, notably in South Wales and in Yorkshire.

The People's Charter called for six reforms to make the political system more democratic:
  • A vote for every man aged twenty-one years and above, of sound mind, and not undergoing punishment for a crime.
  • The secret ballot to protect the elector in the exercise of his vote.
  • No property qualification for Members of Parliament (MPs), to allow the constituencies to return the man of their choice.
  • Payment of Members, enabling tradesmen, working men, or other persons of modest means to leave or interrupt their livelihood to attend to the interests of the nation.
  • Equal constituencies, securing the same amount of representation for the same number of electors, instead of allowing less populous constituencies to have as much or more weight than larger ones.
  • Annual Parliamentary elections, thus presenting the most effectual check to bribery and intimidation, since no purse could buy a constituency under a system of universal manhood suffrage in every twelve months.
Chartists saw themselves fighting against political corruption and for democracy in an industrial society, but attracted support beyond the radical political groups for economic reasons, such as opposing wage cuts and unemployment.

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June 14, 1872 – Trade unions are legalized in Canada.

6/14/2021

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Canada's first trade union, the Labourers' Benevolent Association (now International Longshoremen's Association Local 273), formed in Saint John, New Brunswick in 1849. The union was formed when Saint John's longshoremen banded together to lobby for regular pay and a shorter workday. It would be 23 more years before trade unions were officially recognized by law and collective bargaining was not protected by law until 1945.  Canadian unionism had early ties with Britain and Ireland. Tradesmen who came from Britain brought traditions of the British trade union movement, and many British unions had branches in Canada. Canadian unionism's ties with the United States eventually replaced those with Britain.

​The post-World War II era also saw an increased pattern of unionization in the public service. Teachers, nurses, social workers, professors and cultural workers (those employed in museums, orchestras and art galleries) all sought private-sector collective bargaining rights. The Canadian Labour Congress was founded in 1956 as the national trade union center for Canada.

In the 1970s the federal government came under intense pressures to curtail labour cost and inflation. In 1975, the Liberal government of Pierre Trudeau introduced mandatory price and wage controls. Under the new law, wages increases were monitored and those ruled to be unacceptably high were rolled back by the government.

Pressures on unions continued into the 1980s and '90s. Private sector unions faced plant closures in many manufacturing industries and demands to reduce wages and increase productivity. Public sector unions came under attack by federal and provincial governments as they attempted to reduce spending, reduce taxes and balance budgets. Legislation was introduced in many jurisdictions reversing union collective bargaining rights, and many jobs were lost to contractors.



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June 10, 1963 – The Equal Pay Act of 1963, aimed at abolishing wage disparity based on sex, was signed into law by John F. Kennedy as part of his New Frontier Program.

6/10/2021

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PictureAmerican Association of University Women members with President John F. Kennedy as he signs the Equal Pay Act into law; then Vice President Lyndon Johnson stands behind the President.
The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on gender. 
 
In passing the bill, Congress stated that sex discrimination:

•  depresses wages and living standards for employees necessary for their health and efficiency;
•    prevents the maximum utilization of the available labor resources;
•  tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce;
•     burdens commerce and the free flow of goods in commerce; and
•    constitutes an unfair method of competition.

The law provides in part that "[n]o employer having employees subject to any provisions of this section [section 206 of title 29 of the United States Code] shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs[,] the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex."

American women’s salaries have risen relative to men's since the EPA’s enactment, from 62.3% of men’s earnings in 1979 to 81.1% in 2018.  The EPA’s equal pay for equal work goals have not been completely achieved, as demonstrated by the BLS data and Congressional findings.

In 2009, President Obama signed the Lilly Ledbetter Fair Pay Act, permitting women to sue employers for unfair pay up to 180 days after receiving an unfair paycheck. On 29 January 2016, he signed an executive order obliging all companies with at least 100 employees to disclose the pay of all workers to the federal government, with breakdowns of pay by race, gender, and ethnicity. The goal is to encourage employers to give equal pay for equal work by increasing transparency.

 

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May 15, 1891 -- Pope Leo XIII defends workers' rights and property rights in the encyclical Rerum novarum

5/16/2021

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Rerum novarum (from its incipit, with the direct translation of the Latin meaning "of revolutionary change"), or Rights and Duties of Capital and Labor, is an encyclical issued by Pope Leo XIII on 15 May 1891. It is an open letter, passed to all Catholic patriarchs, primates, archbishops and bishops, that addressed the condition of the working classes. It discusses the relationships and mutual duties between labor and capital, as well as government and its citizens. Of primary concern is the need for some amelioration of "the misery and wretchedness pressing so unjustly on the majority of the working class." It supports the rights of labor to form unions, rejects both socialism and unrestricted capitalism, while affirming the right to private property. Rerum Novarum is considered a foundational text of modern Catholic social teaching.

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Pope Leo XIII (Public Domain)
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May 11, 1894 -- The Pullman Strike Begins

5/11/2021

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Pullman strikers outside Arcade Building in Pullman, Chicago. The Illinois National Guard can be seen guarding the building during the Pullman Railroad Strike in 1894. Public Domain.
On May 11, 1894, workers at the Pullman Railroad Car Factory started a wildcat strike. During a severe recession (the Panic of 1893), the Pullman Palace Car Company cut wages as demand for new passenger cars plummeted and the company's revenue dropped. A delegation of workers complained that wages had been cut but not rents at their company housing or other costs in the company town. The company owner, George Pullman, refused to lower rents or go to arbitration.  Many of the Pullman factory workers joined the American Railway Union (ARU), led by Eugene V. Debs, which supported their strike by launching a boycott in which ARU members refused to run trains containing Pullman cars. At the time of the strike approximately 35% of Pullman workers were members of the ARU.  The plan was to force the railroads to bring Pullman to compromise. Debs began the boycott on June 26, 1894. Within four days, 125,000 workers on twenty-nine railroads had "walked off" the job rather than handle Pullman cars.  The railroads coordinated their response through the General Managers' Association, which had been formed in 1886 and included 24 lines linked to Chicago. he railroads began hiring replacement workers (strikebreakers), which increased hostilities. Many blacks were recruited as strikebreakers and crossed picket lines, as they feared that the racism expressed by the American Railway Union would lock them out of another labor market. This added racial tension to the union's predicament.  Read more about the Pullman Strike and it's impact on the US labor movement.
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