McClure's Magazine, Vol. XXXI, September 1908, No. 5Various
History
McClure's Magazine, Vol. XXXI, September 1908, No. 5
Various
American literature -- Periodicals; Literature -- Periodicals
If the workmen of an employer refuse to work for him except on
better terms at a time when their withdrawal will cause great
loss to him, and they intentionally inflict such loss to coerce
him to come to their terms, they are bona fide exercising their
lawful right to dispose of their labor for the purpose of lawful
gain. But the dealings between Parker Brothers and their material
men, or between such material men and their customers had not
the remotest natural connection either with defendants' wages
or their other terms of employment. There was no competition
or possible contractual relation between the plaintiffs and
defendants, where their interests were naturally opposed. The
right of the plaintiffs (Moore & Company) to sell their material
was not one which, in its exercise, brought them into legitimate
conflict with the rights of defendants' Union and its members to
dispose of their labor as they chose. The conflict was brought
about by the efforts of defendants to use plaintiffs' right of
trade to injure Parker Brothers, and, upon failure of this, to use
plaintiffs' customers' right of trade to injure plaintiffs. Such
effort cannot be in the bona fide exercise of trade, is without
just cause, and is, therefore, malicious. The immediate motive of
defendants here was to show to the building world what punishment
and disaster necessarily followed a defiance of their demands. The
remote motive of wishing to better their condition by the power
so acquired, will not, as we think we have shown, make any legal
justification for defendants' acts.
The doctrine of excommunication, the great engine of the Church in the
Middle Ages, has not been revived and transferred from the Pope to the
labor unions.
_End of the Engineers' Famous "Rule 12"_
The next decision of Taft's in a labor dispute came after his elevation
to the Federal Bench, and again involved the same principle--the extent
to which the rights of a third party, against whom neither labor nor
capital has any grievance, can be impaired by involving him against his
will in labor disputes. This case arose out of a strike of locomotive
engineers on the Toledo-Ann Arbor Railroad in 1893. The strike had
been called after numerous conferences between the railroad officials
and Mr. Arthur, the representative of the Brotherhood of Locomotive
Engineers. It was a legitimate strike, as against the Toledo-Ann
Arbor Railroad, for higher wages. The phase of the controversy which
came into court for Judge Taft's consideration, however, was not the
strike itself, but grew out of an attempt by the Union to compel other
railroads to refuse to receive freight from the Toledo Road and thereby
paralyze that road and coerce it into granting the demands of the
engineers.
Public-domain text, read in full here on John Shaqi.
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