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
The fixing of ordinary prices, not tolls, was thoroughly tried in the
Middle Ages and failed. Nor has it been attempted since as to wages,
except in New Zealand by arbitration, and in England and (as to public
labor) in the State of New York and a few other States where we have a
recent statute that all employment in public work (that is, work
for any city, county, or town, or the State, or for any contractor
therefor) must be paid for "at the usual rate of wages prevailing in
the trade"; this principle, taken from the last form of the English
Statute of Laborers, being passed in the interest of the laborers
themselves and not of the employers, as it was in early England. The
result of this first piece of legislation was to impose some twenty
thousand lawsuits upon the city of New York alone; the laborers
working for a year or two at the rates paid by the city and then,
after discharge, bringing suit and claiming that they had not been
paid the "usual rate" of the trade; and as there were very heavy
penalties, it is said to have cost the city of New York many millions
of dollars. In the same way the union idea of having all trades under
the control of an organization was carried to its extreme result in
the Middle Ages also, so that the guilds became all-powerful; they
imposed their rules and regulations to such an extent that it was
almost impossible for any man to get employment except by their
permission and under their regulation, or without membership. They
naturally developed into wealthy combinations, more of employers than
of journeymen, until they ended as the richly endowed dinner-giving
corporations that we see in the city of London to-day. In France, at
least, they were considered the greatest menace to labor, and were all
swept away at the time of the French Revolution amid the joy of the
masses and the pealing of bells. Unfortunately, our labor leaders are
sometimes scornful of history and unmindful of past example; the
fact that a thing has been tried and failed or has, in past history,
developed in a certain manner, carries no conviction to their minds.
(1444) A servant in husbandry had to give six months' notice before
leaving and wages were again fixed; and in 1452, the time of Jack
Cade's Rebellion, one finds the first prototype of "government
by injunction," that is to say, of the interference by the lord
chancellor or courts of equity with labor and the labor contract,
particularly in times of riot or disorder.
Public-domain text, read in full here on John Shaqi.
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