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
By the Act of May 29, 1908, two hours must be allowed by every
corporation or individual employer to his employees to vote, and it is
made a misdemeanor to in any way influence his vote; and there is a
general labor code enacted May 22, 1908, which, with its supplements,
is perhaps the most radical labor legislation to be found in the
United States. After establishing a State commissioner of labor, a
board of conciliation and arbitration, and free employment offices,
all of which are usual in other States, there is an elaborate chapter
on factory regulation and one upon mine regulations, and to protect
persons working on buildings, railroads, steam boilers, etc., and a
carefully drawn statute regulating the labor of children. Then there
are other provisions which are more unusual. The Canadian statute
substantially is enacted as to strikes: "whenever there shall exist
a strike or lockout where (in the judgment of the State Board of
Conciliation) the general public shall appear likely to suffer injury
or inconvenience, and neither party consents to an arbitration," then
the board, having failed to effect a conciliation, may proceed on
its own motion to make investigation and propose a settlement, with
recommendations to both parties, and presumably publish the same.
It has, of course, no power to enforce a settlement, but may compel
testimony, etc. (Article II, section 4.)
Private employment offices are carefully regulated, the fees limited
to two dollars, and the money must be returned if no place is found,
with careful provisions against sending help to immoral resorts.
The compelling of an agreement, either written or "verbal,"[1] not
to join, a labor union as a condition of obtaining or continuing in
employment is made a misdemeanor, punishable with one thousand dollars
fine and twelve months imprisonment.
[Footnote 1: A common vulgarism; the law probably means "oral."]
Section 2 of this act (June 6, 1908) copies the _older_ English
statute of 1875; that is to say, it does away with all _criminal_
liability for conspiracies in labor matters, and it further provides
that no "such agreement, combination, or contract be construed as in
restraint of trade or commerce; nor shall any restraining order or
injunction be issued with relation thereto, provided only that nothing
in this act shall be construed to authorize force or violence." We
have already commented on the possible unconstitutionality of this
act.
Public-domain text, read in full here on John Shaqi.
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