ny and Austria copy the
English common law as to enticing from service.

There is as yet, however, no evidence in Europe outside of Great
Britain of the American tendency to make a special privileged class of
skilled or industrial labor. So far as appears, there is no special
legislation in any European country which is concerned particularly
with the legal or political rights of industrial laborers.[2] There is
much more co-operation and sympathy between employers and employees,
at least in Continental countries, and possibly for this reason
co-operation has proved far more successful.[1] State labor bureaus,
state insurance, saving banks, and employment agencies are almost
universal throughout the Continent.

[Footnote 1: See Oilman's "A Dividend to Labor," Boston, 1899. Jones's
"Cooperative Production," Oxford, 1894.]

CHAPTER XII

COMBINATIONS IN LABOR MATTERS

We have now gone over the history of modern legislation in the two
great fields of property and personal liberty, and we have generally
found that the same principles of jurisprudence govern both. So shall
we now find when we come to combinations that there is no difference
or distinction in the law between combinations of capital and
combinations of individual faculties. In both fields a "combine" is
obnoxious, as the untutored mind instinctively feels. Combinations
may, of course, be lawful; but the fact that no actually criminal
purpose or act can be found against them is not conclusive of their
legality. At the risk of wearying the reader I would reiterate my
belief that this was one of the greatest juristic achievements of the
English common law; and that the question whether it shall be all done
away with or retained is the most momentous public question now before
us in industrial and social matters.[1] Whether, on the one hand,
Standard Oil combinations shall be permitted to the point of universal
monopoly of trade and opportunity; or, on the other, close unions
built up, even by legislation itself, to an equally impregnable
position of monopoly of opportunity, or so as to become a universal
privileged guild--are questions to be determined by the same
principles; and equally momentous to the future of our republic and of
human society as now constituted. And before passing to a review of
the legislation itself, I would lay down the principle which I believe
to be the one which will ultimately be found to be the controlling
test: that of