U.S. 379 (1924).
[156] New York C.R. Co. _v._ Bianc, 250 U.S. 596 (1919).--Attorneys are
not deprived of property or their liberty of contract by restriction
imposed by the State on the fees which they may charge in cases arising
under the workmen's compensation law.--Yeiser _v._ Dysart, 267 U.S. 540
(1925).
[157] Justice Black in Lincoln Union _v._ Northwestern Co., 335 U.S.
525, 535 (1949). _See also_ pp. 141, 977-979, 985.
In his concurring opinion, contained in the companion case of American
Federation of Labor _v._ American Sash Co., 335 U.S. 538, 543-544
(1949), Justice Frankfurter summarized as follows the now obsolete
doctrines employed by the Court to strike down State laws fostering
unionization. "* * * unionization encountered the shibboleths of a
premachine age and these were reflected in juridical assumptions that
survived the facts on which they were based. Adam Smith was treated as
though his generalizations had been imparted to him on Sinai and not as
a thinker who addressed himself to the elimination of restrictions which
had become fetters upon initiative and enterprise in his day. Basic
human rights expressed by the constitutional conception of 'liberty'
were equated with theories of _laissez faire_. The result was that
economic views of confined validity were treated by lawyers and judges
as though the Framers had enshrined them in the Constitution. * * * The
attitude which regarded any legislative encroachment upon the existing
economic order as infected with unconstitutionality led to disrespect
for legislative attempts to strengthen the wage-earners' bargaining
power. With that attitude as a premise, Adair _v._ United States, 208
U.S. 161 (1908), and Coppage _v._ Kansas, 236 U.S. 1 (1915), followed
logically enough; not even Truax _v._ Corrigan, 257 U.S. 312 (1921),
could be considered unexpected."
On grounds of unconstitutional impairment of freedom of contract, or
more particularly, of the unrestricted right of the employer to hire and
fire, a federal and a State statute attempting to outlaw "yellow dog"
contracts whereby, as a condition of obtaining employment, a worker had
to agree not to join or to remain a member of a union, were voided in
Adair _v._ United States and Coppage _v._ Kansas, respectively. In Truax
_v._ Corrigan, a majority of the Court held that an Arizona statute
which operated, in effect, to make remediless [by forbidding the use of
injunction] injury to an employer'
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