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
This effort to do away with the law of combinations in labor matters
with that aimed at forbidding or controlling the injunction in labor
disputes, and with also the statutes which give a special privilege to
union labor, we have found to be among the most important pieces of
modern legislation. Alabama and Colorado have statutes legalizing
"picketing," but a similar bill in Massachusetts failed repeatedly of
enactment. But when we come to the statutes applying to _combinations_
solely, and defining them, there have been many statutes declaring
blacklisting and boycotts to be unlawful--which is merely the common
law--and a few statutes especially forbidding them. Thus, by the year
1907, twenty-two States and the United States had statutes against
blacklisting, five had statutes against boycotting, ten had adopted
laws regulating strikes in cases of railway employment, Minnesota a
law forbidding any employer to require as a condition of employment
any statement as to the participation of the applicant in a strike for
more than one year immediately preceding, Oklahoma a law requiring
him to advise new applicants for employment of any labor dispute then
pending with him, and to give such notice in his advertisements;
which statute barely failed of enactment in Massachusetts. The best
definition of the boycott is, perhaps, to be found in the law of
Alabama: "Any two or more persons who conspire together for the
purpose of preventing any person, persons, firm, or corporation from
carrying on any lawful business, or for the purpose of interfering
with the same, shall be guilty of a misdemeanor." The most cumbrous
is that of Indiana, which, attempting to express the matter in more
detail, is far too long to quote.[1] Many acts which are really part
of a boycott, or unlawful, _i.e._, sympathetic strikes, will be found
under the heading "Intimidation" or "Interference with Employment" in
other States; such is the recent statute of Washington (see above, p.
251). Unless the function of a statute be to instruct the ignorant, it
would probably be better to forego all such definitions and rely upon
the elasticity of the common law.
[Footnote: Indiana Revision of 1901, Sec. 3312 M. There is also an
elaborate definition of "trusts," "conspiracies," and "boycotts" in
chapter 94 of the Laws of Texas, 1903.]
As an example of the most advanced labor legislation we may briefly
digest the Oklahoma laws of 1907-8:
Public-domain text, read in full here on John Shaqi.
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