nt, or the terms of the
employment, or with the conditions of labor, of any person, and the
expression 'workmen' means all persons employed in trade and industry,
whether or not in the employment of the employer with whom a trade
dispute arises; and, in section three of the last-mentioned act, the
words 'between employers and workmen' shall be repealed."
It is hard to say whether any part of this surprising statute would be
constitutional in this country, except the second paragraph (p. 267,
above); leaving out even there the words "or more." Certain it is that
by it industrial conditions are placed under the sway of the labor
unions, and the commerce and prosperity of England now lie in the
"hollow of the hand" of those who work with it.
This effort to do away with the law of combinations in labor matters
with that aimed at forbidding or controlling the injunction in labor
disputes, and with also the statutes which give a special privilege to
union labor, we have found to be among the most important pieces of
modern legislation. Alabama and Colorado have statutes legalizing
"picketing," but a similar bill in Massachusetts failed repeatedly of
enactment. But when we come to the statutes applying to _combinations_
solely, and defining them, there have been many statutes declaring
blacklisting and boycotts to be unlawful--which is merely the common
law--and a few statutes especially forbidding them. Thus, by the year
1907, twenty-two States and the United States had statutes against
blacklisting, five had statutes against boycotting, ten had adopted
laws regulating strikes in cases of railway employment, Minnesota a
law forbidding any employer to require as a condition of employment
any statement as to the participation of the applicant in a strike for
more than one year immediately preceding, Oklahoma a law requiring
him to advise new applicants for employment of any labor dispute then
pending with him, and to give such notice in his advertisements;
which statute barely failed of enactment in Massachusetts. The best
definition of the boycott is, perhaps, to be found in the law of
Alabama: "Any two or more persons who conspire together for the
purpose of preventing any person, persons, firm, or corporation from
carrying on any lawful business, or for the purpose of interfering
with the same, shall be guilty of a misdemeanor." The most cumbrous
is that of Indiana, which, attempting to express the matter in more
detail,
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