Labor in Its Relations to Law: Four Lectures Delivered at the Plymouth School of Ethics, July 1895 |
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... , July , 1895 66 BY F. J. STIMSON 66 AUTHOR OF AMERICAN STATUTE LAW , " HAND - BOOK TO THE LABOR LAW OF THE UNITED STATES , ' ETC. , ETC. NEW YORK CHARLES SCRIBNER'S SONS 1895 B EGE MAY 19 1903 LIBRARY Vielcott Fund COPYRIGHT ,
... , July , 1895 66 BY F. J. STIMSON 66 AUTHOR OF AMERICAN STATUTE LAW , " HAND - BOOK TO THE LABOR LAW OF THE UNITED STATES , ' ETC. , ETC. NEW YORK CHARLES SCRIBNER'S SONS 1895 B EGE MAY 19 1903 LIBRARY Vielcott Fund COPYRIGHT ,
Page 17
... United States . In this country the tendency has not gone so far . We shall speak of women and children in a moment ; but for full - grown men there is no ef- fort , so far as I know , nor has any general statute yet been passed , which ...
... United States . In this country the tendency has not gone so far . We shall speak of women and children in a moment ; but for full - grown men there is no ef- fort , so far as I know , nor has any general statute yet been passed , which ...
Page 19
... United States law , limit hours of labor done for the State or on public work to eight hours , and Massachusetts and Texas to nine . Regulation of Wages . No regulation whatever as to price has yet been attempted in this country , or is ...
... United States law , limit hours of labor done for the State or on public work to eight hours , and Massachusetts and Texas to nine . Regulation of Wages . No regulation whatever as to price has yet been attempted in this country , or is ...
Page 21
... United States . Unconstitutional in States where Women Vote . It is at least very clear that in those States which have adopted woman suffrage , there will be no longer any constitutional justification for thus artificially protecting ...
... United States . Unconstitutional in States where Women Vote . It is at least very clear that in those States which have adopted woman suffrage , there will be no longer any constitutional justification for thus artificially protecting ...
Page 32
... United States . Our factory legislation is not yet as full and complete as that of England , though it may be observed that , owing to our written constitutions , our Legislatures are perhaps a degree more shy in imposing regulations ...
... United States . Our factory legislation is not yet as full and complete as that of England , though it may be observed that , owing to our written constitutions , our Legislatures are perhaps a degree more shy in imposing regulations ...
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Common terms and phrases
agricultural labor arbitration boycott certainly citizen collective bargaining combination common law condition corporations court of chancery courts of equity criminal offence damage definite discharge eight hours employed employment enforce England English labor English statute ethical expedient express expressly fact factory free government freedom freedom of contract ground guild Haverhill hours of labor individual industrial laborer injure the employer instance intention interest interfere intimidation judge Knights of Labor labor contract labor question least legislation Legislature liberty Massachusetts constitution ment modern moral necessary object ordinary Parker Brothers passed payment peculiar perfectly legal perhaps phrase ployees principle prohibit property right protect punishment purpose railroad rate of wages reason regulation relation remedy requiring restrictions side spiracy Statute of Laborers strike striking laborers Supreme Court sympathetic strike thing threats tion tive to-day tract trade trades-unions unconstitutional union unlawful unwritten women workmen written constitutions York
Popular passages
Page 103 - The purposes of any trade union shall not by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.
Page 55 - The privilege of contracting is both a liberty and a property right, and if A is denied the right to contract and acquire property in a manner which he has hitherto enjoyed under the law, and which B, C, and D are still allowed by the law to enjoy, it is clear that he is deprived of both liberty and property to the extent that he is thus denied the right to contract.
Page 54 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...
Page 104 - An agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime".
Page 54 - ' liberty ' ' as used in the Constitution is not dwarfed into mere freedom from physical restraint of the person of the citizen, as by incarceration, but is deemed to embrace the right of man to be free in the enjoyment of the faculties with which he has been endowed by his Creator, subject only to such restraints as are necessary for the common welfare.
Page 66 - It was suggested in the interest of the employers, as well as in the public interest, that employees consent to accept only so much of their wages as was actually necessary to their sustenance, reserving payment of the balance until business should revive, and thus enable the factories or workshops to be open, and operated with less present expenditures of money. Public economists and leaders in the interest of labor suggested and advised this course. In this state, and under this law, no such contract...
Page 66 - The employee who sought to work for one of the corporations enumerated in the act would find himself incapable of contracting as all other laborers in the state might do. The corporations would be prohibited entering into such a contract, and, if they did so, the contract would be voidable at the will of the employee, and the employer subject to a penalty for making it.
Page 55 - It is now well settled that the privilege of contracting is both a liberty and a property right. Liberty includes the right to make and enforce contracts, because the right to make and enforce contracts is included in the right to acquire property. Labor is property. To deprive the laborer and...
Page 53 - The contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer, or of a third person.