h a settlement was made a crime, and that
for every workman who received his wages each week only half in cash,
the employer would be liable to a one-hundred-dollar fine, and thirty
days' imprisonment.
The great reform, not of legislation but of condition, in the labor
question, is unquestionably to arrive at a status of _contract_.
Hitherto the principle that seems to have been accepted by organized
labor, at least in America, is that of being organized for purposes
of offence, not for defence; like a mob or rabble which can attack
united, but retreats each for himself; which demands, but cannot give;
which, like a naughty child or person _non compos_, is not responsible
for its own actions. Still there is, as yet, no legislation aimed at
or permitting a definite contract in ordinary industrial employment;
although there are a few laws which provide that when the employee may
not leave without notice, the employer may not discharge him without a
corresponding notice except for cause.
As relating mainly to strikes or concerted action, the question of
arbitration and conciliation laws will be left for the next chapter;
but we may close our discussion of individual legislation by calling
attention to the striking attempt to revive mediaeval principles of
compulsory labor in certain avocations and in certain portions of
this country. The cardinal rule that the contract of labor may not
be compelled to be carried out, that an injunction will not issue to
perform a labor contract, or even in ordinary cases against breaking
it, is, of course, violated by any such legislation; but ingenious
attempts have been made to get around it in the Southern States.
This world-wide problem is really rather a racial problem than an
economic one amongst Anglo-Saxons. The inability of the African and
the Caucasian to live side by side on an equality largely results from
this economic 'question' which, broadly stated, is that the Caucasian
is willing to work beyond his immediate need voluntarily and without
physical compulsion; the African in his natural state is not. The
American Indian had the same prejudice against manual labor; but
rather that, as a gentleman, he thought himself above it; and his
character was such that he always successfully resisted any attempts
at enslavement or even compulsory service. The negro, on the other
hand, is not above such work, but merely is lazy and needs the impulse
of actual hunger or the orders of
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