al, and
economical. It should be noted that all these and similar statutes
were under governments unrestrained by written constitutions and bills
of right enforced by an independent judiciary.
Though from time to time many restrictive statutes have been modified
and many repealed, other restrictive statutes have been enacted. Today
the same process is going on. While now and then restrictions and
embargoes of longer or shorter standing are removed, there is still
the same tendency to enact other restrictions and prohibitions. At
every session of Congress and of the state legislatures measures are
constantly proposed hampering in some way the freedom of the citizen
in his occupation, in his pursuit of happiness. Demands are being made
upon the legislative department by one class or interest for
legislation to restrain other classes or interests, but for exemption
for itself. In earlier times there were statutes fixing a maximum wage
for labor, and though these proved ineffectual it is now proposed to
fix a minimum wage, even though it should prove to be much more than
the labor is worth. There are also proposed, and in many instances
enacted, statutes restricting the freedom of the workman as to his
output, of the employer as to his direction of his business. The
natural activities of men are sought to be hampered and handicapped in
vexatious ways. In illustration, I quote the following from the
"Boston Herald" of June 5, 1914:
"Twenty-five states and the United States itself forbid any
discrimination by an employer against union men. Utah alone has a law
to protect the non-union men from organized discrimination of union
labor to drive him from his trade. Several of our states require that
all public printing shall bear the union label. One extends that rule
to all stationery. Twelve states require employers advertising for
help to mention in the advertisement the existence of a strike. The
Minnesota statute provides that, per contra, no employer shall require
any statement from a person seeking employment as to his participation
in a strike. Eight states have enacted statutes exempting labor
organizations from their respective anti-trust laws. The unscrupulous
employer may yet find the labor union the best means of throttling his
competitors and securing a monopoly." There seems at times to be a
frenzy for such legislation. Only a vivid imagination can adequately
picture what might result if Congress and the state
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