The Armies of Labor: A Chronicle of the Organized Wage-EarnersOrth, Samuel Peter
History
The Armies of Labor: A Chronicle of the Organized Wage-Earners
Orth, Samuel Peter
Labor unions -- United States -- History
This machinery of mediation is significant not because of what it has already accomplished but as evidence of the realization on the part of the State that labor disputes are not merely the concern of the two parties to the labor contract. Society has finally come to realize that, in the complex of the modern State, it also is vitally concerned, and, in despair at thousands of strikes every year, with their wastage and their aftermath of bitterness, it has attempted to interpose its good offices as mediator.
The modern labor laws cannot be credited, however, to labor activity alone. The new social atmosphere has provided a congenial milieu for this vast extension of state functions. The philanthropist, the statistician, and the sociologist have become potent allies of the labor-legislator; and such non-labor organizations, as the American Association for Labor Legislation, have added their momentum to the movement. New ideals of social coöperation have been established, and new conceptions of the responsibilities of private ownership have been evolved.
While labor organizations have succeeded rather readily in bending the legislative power to their wishes, the military arm of the executive and the judiciary which ultimately enforce the command of the State have been beyond their reach. To bend these branches of the government to its will, organized labor has fought a persistent and aggressive warfare. Decisions of the courts which do not sustain union contentions are received with great disfavor. The open shop decisions of the United States Supreme Court are characterized as unfair and partisan and are vigorously opposed in all the labor journals. It is not, however, until the sanction of public opinion eventually backs the attitude of the unions that the laws and their interpretation can conform entirely to the desires of labor.
The chief grievance of organized labor against the courts is their use of the injunction to prevent boycotts and strikes. "Government by injunction" is the complaint of the unions and it is based upon the common, even reckless, use of a writ which was in origin and intent a high and rarely used prerogative of the Court of Chancery. What was in early times a powerful weapon in the hands of the Crown against riotous assemblies and threatened lawlessness was invoked in 1868 by an English court as a remedy against industrial disturbances. ¹ Since the Civil War the American courts in rapidly increasing numbers have used this weapon, and the Damascus blade of equity has been transformed into a bludgeon in the hands even of magistrates of inferior courts.
¹ Springfield Spinning Company vs. Riley, L. R. 6 Eq. 551.
Public-domain text, read in full here on John Shaqi.
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