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Prison Proposal [Zuchthausvorlage] (1899)

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§ 6 Whoever threatens or discredits, on the grounds of refusing to participate, persons who refuse or have refused, either in part or entirely, to participate in a labor strike or lockout shall be punished with a prison sentence of up to one year.
If mitigating circumstances are present, then a fine of up to one thousand Marks can be substituted for the prison term.

§ 7 Whoever takes part in a public thrashing in which an act described in §§ 1 through 6 is committed by persons acting in unison shall be punished with a prison sentence.
The ringleaders of such an action shall be punished with a prison sentence of no less than three months.

§ 8 If in the cases described by §§ 1, 2 and 4 a strike or lockout is caused or supported, and if the strike or lockout, according to the nature and importance of the affected enterprise, has the potential to threaten the security of the Empire or that of a Federal State, or to pose a common threat to human life or property, then participants in these acts shall be punished with a prison sentence of no less than one month, the ringleaders with no less than six months.
If, as a result of the strike or lockout, the security of the Empire or that of a Federal State has been threatened, or a common threat to human life or property has occurred, then participants in these acts shall be punished with a prison sentence of up to three years, the ringleaders with up to five years.
If mitigating circumstances are present in the cases described above in the second paragraph, then [comes] a prison sentence for participants of no less than six months, for ringleaders no less than one year.

§ 9 According to this law, as far as an act against an employer is liable for punishment, the same statutes of the law and sentencing will be applied to acts against a representative of the employer.

§ 10 The statutes of this law shall be applied to:
1. labor or service relationships that fall under § 152 of the Commercial Labor Code;
2. all labor or service relationships in enterprises of the Empire, State, or local jurisdictions in which the national defense, public security, public transportation, or public health is served;
3. all labor or service relationships in enterprises of the Federal Railroads.

§ 11 The § 153 of the Commercial Labor Code is annulled with this law.



Source: Verhandlungen des Reichstages, Stenographische Berichte, [Parliamentary Proceedings, Stenographic Reports]; 10th Legislative Period; I. Session 1898/1900; Volume III of Exhibits, No. 347, p. 2238 and following.

Original German text reprinted in Willibald Gutsche, Herrschaftsmethoden des deutschen Imperialismus 1897/8 bis 1917 [The Ruling Methods of German Imperialism, 1897/8 to 1917]. East Berlin, 1977, pp. 65-67.

Translation: Richard Pettit

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