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ing the Hobbs Act in 1946.23 This time, Congress eliminated
the exception for "the payment of wages by a bona fide
employer to a bona fide employee," on which the Supreme
Court had based its Local 807 decision.
The Hobbs Act took aim at a wide spectrum of union
violence, not just the use of force to obtain payments for
unwanted services, as in Local 807. Rep. Jack Anderson
(R-Calif.) referred to a dispute in San Francisco where
Teamsters militants forced drivers entering the city either
to join the union or hand over their trucks while in the
city.24 He also pointed to an organizing drive in which
the Teamsters' refusal to carry dairy farmers' milk into
San Francisco had resulted in considerable financial losses
due to spoilage.
Those acts of "coercion" inhibiting commerce were cer-
tainly considered extortion under the Hobbs Act, even
though they were intended to achieve an otherwise "legiti-
mate" end, the acquisition of new union members. Rep. H.
Streett Baldwin (D-Md.) summed it up this way: "I do not
take the position that labor has not the right to organize
or to strike, but when they do so they should abide by the
. . . laws of decency. If they had done that, we would
not have this legislation before the House today."25
Reflecting that perspective, the Hobbs Act provides
that
[w]hoever in any way or degree obstructs, delays,
or affects commerce or the movement of any arti-
cle or commodity in commerce, by robbery or
extortion or attempts or conspires so to do, or
commits or threatens physical violence to any
person or property in furtherance of a plan or
purpose to do anything in violation of this sec-
tion shall be fined not more than $10,000 or
imprisoned not more than twenty years, or both.26
That text seems unambiguous. Nevertheless, in defin-
ing extortion as "the obtaining of property . . . by
wrongful use of actual or threatened force, violence or
fear,"27 Congress left a narrow opening through which the
U.S. Supreme Court would push a bulldozer in 1973.
In the Enmons28 case, three members of the
International Brotherhood of Electrical Workers (IBEW) were
indicted for firing high-powered rifles at three utility
company transformers, draining the oil from a transformer,
and blowing up a substation. However, the U.S. District
Court in Baton Rouge, Louisiana, dismissed the charges on