Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
resolution or resolve of an employer himself, as a private citizen
might say that he would give his gardener fifty dollars a month
instead of forty. And, on the other hand, the Constitution of
Louisiana provides that the price of wages shall never be fixed by
law. Now it will be remembered that the Statutes of Laborers of the
Middle Ages, when they regulated the price of wages, led directly to
the result that they made all strikes, all concerted efforts to get an
increase of wages, unlawful and even criminal; in fact, it may be said
that this attempt to bind the workmen to a wage fixed by law was the
very cause of the notion that strikes were illegal, which, indeed, was
the English common law down to early in the last century. Moreover,
when an English mediaeval peasant refused to labor for his three pence
a day he might be sent to gaol by the nearest justice of the peace,
as, perhaps, some employers would like to do to-day in our South, and
which resulted--if not in slavery--in precisely that condition which
we call "peonage." Economically speaking, the attempt to regulate
wages was, of course, a mistake; politically speaking, it was
universally unpopular, and no class was more desirous than the working
class themselves of getting rid of all such legislation, which they
did in France at the French Revolution, and in England nearly two
centuries earlier. Only socialists should logically desire to go back
to the system, and in the one modern English-speaking State which is
largely socialistic--New Zealand--it is said that the minimum wage law
has had the effect that a similar resolve has had in Massachusetts
towns: to drive all the old men and all the weaker or less skilled out
of employment entirely, and into the poorhouse;[2] for, at a fixed
price, it is obvious that the employer will employ only the most
efficient labor, and the same argument causes some of their more
thoughtful friends to dissuade the women school-teachers in New York
from their present effort to get their wages or salaries fixed by law
at a price equal to that paid a man.[3]
[Footnote 1: See above, p. 161; below, p. 213.]
[Footnote 2: In the old town of Plymouth the chairman of the selectmen
asked what, he should do under vote of town meeting requiring him to
pay two dollars a day for all unskilled labor employed by the town.
"We have," he said, "about one hundred and twenty old men in Plymouth,
largely veterans of the Civil War. We have been in the habit of giving
them one dollar and a quarter per day. Under this two-dollar vote we
cannot do it without bankrupting the town." He was advised to go ahead
and still pay them the dollar and a quarter per day and take the
chance of a lawsuit, which he did, and so far as the writer knows no
lawsuit has ever been brought; but in all cases that would not be the
result.]
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