In the present confusion of counsel, two relatively new ideas, in
particular, appear to me to be likely to endure and be accepted by
society. The first is the idea that the welfare of the wage earners in
each particular industry is one of the major questions in the conduct of
that industry; and that the wage earners should participate effectively
in those activities of direction by which the conditions of labor are
determined. The second idea is that the whole body of wage earners in
industry should possess the means of checking the action of private
enterprise, when they can prove clearly that the methods of production
that are being pursued are wasteful either of human or of material
resources. An example of such a protest is that of the English coal
miners against the organization of their industry--which was one of the
grounds for the appointment of the Coal Commission. It would not appear
to be impossible to reconcile the action of private investment and
private enterprise with this concept of the right of the wage earners to
exert control over the policy of production, in so far as they can
establish the fact that human or material resources are not being well
applied--the general interest being the test.
The main current of industrial change will be, in my opinion, in the
direction indicated by these two ideas. And change in that general
direction is, it seems to me, essential to the peaceful conduct of
industry, for only in some such way will a sense of common interest be
established--which sense alone can hold together an undertaking so
dependent upon a division of function as is modern industry. Through all
changes, it will remain true that effective production depends upon the
willingness to work hard for the sake of working well, and upon the
existence of strong habits of self-dependence.
FOOTNOTES:
[151] "As law embodies beliefs that have triumphed in the
battle of ideas, and have then translated themselves into
action, while there is still doubt, while opposite
convictions still keep a battle front against each other,
the time for law has not yet come; the notion destined to
prevail is not yet entitled to the field," "Law and the
Court," address by Justice Oliver Wendell Holmes, Jr.,
before the Harvard Law School Association.
[152] In this matter the Kansas Industrial Court law sets a
good example by authorizing the Court to build up a staff of
accountants, engineers and such other experts as it may need
for the proper conduct of its operations.
[153] H. B. Higgins, "A New Province for Law and Order,"
_Harvard Law Review_, March, 1915, page 23.
[154] "Where the union admits all qualified workers to
membership, under reasonable conditions, such a rule cannot
become the basis of monopoly." U. S. Ind. Comm'n. Report
(1915), Vol. I, page 116. Report signed by Commissioners
Manly, Walsh, Lennon O'Connell and Garretson.
[155] F. W. Taussig, "Principles of Economics," Vol. II,
page 205. Revised Ed.
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