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
There can be no question, except in the minds of those utterly
unfamiliar with the tropics and Southern conditions generally, of the
difficulty of this labor problem throughout the world. It has appeared
not only in our Southern States but in the West Indies and South
Africa--in any country where colored labor is employed. The writer
knows of at least one large plantation in the South where many hundred
negroes were employed to get in the cotton crops, and the employer
was careful never to deliver their letters until the season had
terminated; for on the merest invitation to attend a ball or a wedding
in some neighboring county, the bulk of the help would leave for
that purpose and might or might not return. Railway labor is not
so difficult, because the workmen commonly work in gangs under an
overseer who usually assumes, if he is not vested with, some physical
authority; but the case of the individual farmer who is trusted upon
his own exertions to till a field or get in the crop seems to be
almost impossible of regulation under a strict English common-law
system. Farming on shares appears to be almost equally unsatisfactory.
The farmer gets his subsistence, but the share of the proprietor in
the crop produced is almost inappreciable.
In closing this chapter reference should be made to a large amount
of American legislation, most of which was absolutely unnecessary as
merely embodying the common law. Still it has its use in extending the
definition of the "unlawful act." It will be remembered that one of
the three branches of conspiracy was the combination to effect a
lawful end by unlawful acts. Now many of the States have statutes
declaring even threats, or intimidation without physical violence, to
be such unlawful act. It may possibly be doubted whether it might not
have been so held at the common law; but such legislation has always
the advantage of getting a uniform line of decisions from all the
judges. The New York statute passed many years ago may serve as a
sample: It provides in substance that any threat or intimidation or
abusive epithets or the hiding of tools or clothes, when done even by
one individual, is an unlawful act; therefore when strikers, although
engaged in a lawful strike, as to raise their own wages, or any one
of them, intend or do any such act, they become guilty of unlawful
conspiracy.
This is probably the only legislation on such matters which adds
anything to the common law. Many of the States, usually Western
States--apt to be more forgetful of the common law than the older
Commonwealths--have been at pains to pass statutes against blacklists.
Such statutes are entirely unnecessary, but as they relate to
combinations they will be considered in the next chapter.
Public-domain text, read in full here on John Shaqi.
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