American literature -- Periodicals; Literature -- Periodicals
Meanwhile, the same law has proved an effective weapon in opposing
that other form of combination and restraint against which it was
framed,--the labor trust. Under it a new code of federal laws affecting
labor unions has developed; and to a large extent it has strengthened
the cause of legitimate labor organization. No intelligent person now
disputes the right of workingmen to organize. A few labor leaders have
publicly declared their apprehension that the Sherman Law prohibits
peaceable labor organizations; no man, however, has thus far had the
hardihood to raise this question legally; and, in the present state
of public opinion as to the rights of labor, no one is likely to.
The United States Courts, in decisions defining the scope of the
Sherman Act, have specifically stated that it does not prohibit the
ordinary peaceful activities of labor unions. Justice White, in a
decision of the Supreme Court, has declared that an agreement among
"locomotive engineers, firemen, or trainmen engaged in the service
of an inter-State railroad not to work for less than a certain named
compensation" would not be illegal. William H. Taft, in one of the most
important decisions affecting the rights of workmen under the Sherman
Act, has defined the situation in words which are now widely accepted
as a clear statement of what is not only good law but sound public
policy:
The employees of the receiver had the right to organize into or
join a labor union which would take action as to the terms of
their employment. It is a benefit to them and to the public
that laborers should unite for their common interest and for
lawful purposes. They have labor to sell. If they stand together,
they are often able, all of them, to obtain better prices for
their labor than dealing singly with rich employers, because
the necessities of the single employee may compel him to accept
any price that is offered. The accumulation of a fund for those
who feel that the wages offered are below the legitimate market
value of such labor is desirable. They have the right to appoint
officers, who shall advise them as to the course to be taken in
relations with their employers. They may unite with other unions.
The officers they appoint, or any other person they choose to
listen to, may advise them as to the proper course to be taken in
regard to their common employment; or if they choose to appoint
any one, he may order them on pain of expulsion from the union
peaceably to leave the employ of their employer because any of the
terms of the employment are unsatisfactory.
Public-domain text, read in full here on John Shaqi.
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