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 Statute of Laborers was again re-enacted in 1360, with a clause
allowing work in gross, and forbidding "alliances and covins between
masons, carpenters, and guilds." Work "in gross" means work by
contract, piece-work, thus made expressly lawful by statute in England
in 1360, but still objected to by many of our labor unions to-day.
The provision against alliances and covins was extended to cover
trades-unions, their rules and by-laws, as well as strikes, which were
also considered combinations in restraint of trade. Now this was never
law in this country.
There was a very early case in Pennsylvania, while it was still a
colony, and there were others in the States soon after, which held
that the Statutes of Laborers were never law in America. Our statutes
early authorized trades-unions, but without this there is, I think, no
American case where either a trades-union or a simple strike was held
to be an unlawful combination. It was these early statutes which gave
rise to the law that existed until the nineteenth century in England,
that both strikes and unions were unlawful; a strike because it was
usually a combination to raise the rate of wages, which was in theory
fixed by law. Therefore, a strike was a combination with an unlawful
aim, consequently a conspiracy. The logic is simple; and in the same
way a trades-union was certainly an alliance between skilled workmen,
and as such forbidden under the Statute of Laborers, besides being a
combination in restraint of trade.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account