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
Much of the legislation described in this chapter is wise, and
probably all of it is wise in intention. Yet, in closing, one cannot
resist calling attention to the unforeseen dangers that always attend
legislation running counter to the broad general basis of Anglo-Saxon
civilization. One need make no fetich of freedom of contract to
believe that laws aimed against it may hit us in unexpected ways. For
one famous example, the cash weekly-payment law in Illinois existed in
1893. In that year there was a great panic. Nobody could obtain any
money; mills and shops were closing down, particularly in Chicago.
Everybody was being thrown out of employment, and distress to the
point of starvation ensued. In the very worst days of that panic
some of the largest and most charitable employers of labor met their
employees in a monster mass meeting, and reported that while they
could not pay in full and nothing apparently was in prospect but an
actual shutdown, they had succeeded in getting enough cash to keep all
their employees, provided they would take weekly half what was owing
to them in money, and the short-time notes or obligations of the
firms, or even of banks, for the remainder. The offer evoked the
greatest enthusiasm, was unanimously accepted by the thousands of
employees, and amid great rejoicing the meeting adjourned;--only to
find by the advice of their counsel next morning that under the laws
of the State of Illinois such a settlement was made a crime, and that
for every workman who received his wages each week only half in cash,
the employer would be liable to a one-hundred-dollar fine, and thirty
days' imprisonment.
The great reform, not of legislation but of condition, in the labor
question, is unquestionably to arrive at a status of _contract_.
Hitherto the principle that seems to have been accepted by organized
labor, at least in America, is that of being organized for purposes
of offence, not for defence; like a mob or rabble which can attack
united, but retreats each for himself; which demands, but cannot give;
which, like a naughty child or person _non compos_, is not responsible
for its own actions. Still there is, as yet, no legislation aimed at
or permitting a definite contract in ordinary industrial employment;
although there are a few laws which provide that when the employee may
not leave without notice, the employer may not discharge him without a
corresponding notice except for cause.
Public-domain text, read in full here on John Shaqi.
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