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
In 1897 California provides a minimum wage of two dollars on public
contracts, and Kansas adopts the first statute against what are termed
indirect contempts; that is, requiring trial by jury for contempts not
committed in the presence of the court. There is a little legislation
against blacklisting, and Southern States forbid the farming out of
convict labor.
In 1898 Virginia copies the Kansas statute against indirect contempts,
and one or two States require convict-made goods manufactured outside
the State to be so labelled, which statutes have since been held
unconstitutional as an interference with interstate commerce.
In 1899 the question of discrimination against union labor becomes
still more prominent and it is in some States made a misdemeanor
to make the belonging or not belonging to a union a condition of
employment. All these statutes have since been held unconstitutional.
In 1900, a year of great prosperity, there is almost no labor
legislation.
In 1901 we only find laws establishing free employment bureaus, except
that California provides a maximum time for women and children of nine
hours a day in both manufacturing and mercantile occupations, and a
minimum wage upon all public work of twenty cents an hour.
In 1902 Colorado overrules her Supreme Court by getting by
constitutional amendment an eight-hour day in mines. Massachusetts
passes a joint resolution of the Legislature asking for a Federal
constitutional amendment which shall permit Congress to fix uniform
hours of labor throughout the United States, and Kentucky and other
Southern States begin to legislate to control the hours of labor of
women and children.
In 1903 this movement continues and in the Northwestern States, Oregon
and Colorado, the length of hours of labor of women of all ages is
generally limited. Weekly payments and anti-truck laws are adopted.
Montana forbids company boarding-houses and Colorado makes the
striking attempt to do away with the so-called dead line; that is to
say, a statute forbidding any person to be discharged by reason of
age, between the years of eighteen and sixty. California follows
Maryland in abolishing the conspiracy law, both as applied to
employers and employees.[1] It does not seem that in either State this
statute has yet been tested as class legislation. Legislation against
the open shop continues in far Western States, while Minnesota makes
it a misdemeanor for an employer to exact as a condition of employment
that the employee shall not take part in a strike.
[Footnote 1: See the next chapter.]
In 1904 there is little legislation. Far Western States go on with the
protection of child labor, particularly in mines, and Alabama adopts a
general statute against picketing, boycotting, and blacklisting.
Public-domain text, read in full here on John Shaqi.
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