Labor in Its Relations to Law: Four Lectures Delivered at the Plymouth School of Ethics, July 1895 |
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Page 20
... Central States , or in any case more than forty- eight or fifty - eight hours a week , respectively . This statute was sustained in Massachusetts some years ago on the express ground that it was a 20 LABOR IN ITS RELATIONS TO LAW.
... Central States , or in any case more than forty- eight or fifty - eight hours a week , respectively . This statute was sustained in Massachusetts some years ago on the express ground that it was a 20 LABOR IN ITS RELATIONS TO LAW.
Page 21
... ground that it was a proper police regulation ; but probably really on the theory that I have adverted to , that women and children might constitutionally be protected in making their own contracts . In Illinois , on the other hand ...
... ground that it was a proper police regulation ; but probably really on the theory that I have adverted to , that women and children might constitutionally be protected in making their own contracts . In Illinois , on the other hand ...
Page 42
... ground for which labor had been fighting from the earliest historic times down to a very few years ago . On this fact every one is agreed . It is as clearly set forth in the compila- tion of labor history made under the auspices of Mr ...
... ground for which labor had been fighting from the earliest historic times down to a very few years ago . On this fact every one is agreed . It is as clearly set forth in the compila- tion of labor history made under the auspices of Mr ...
Page 46
... ground in defence . For the moment , I am not defending the question of pri- vate property at all ; but I am merely pointing out that as a man's freedom of person only would be like that of the beast of the field , without a roof to ...
... ground in defence . For the moment , I am not defending the question of pri- vate property at all ; but I am merely pointing out that as a man's freedom of person only would be like that of the beast of the field , without a roof to ...
Page 61
... ground that a full - grown American citizen has a right voluntarily to make a contract to accept groceries instead of money if he chooses . The West Virginia judge thought that the right to contract in respect of property , including ...
... ground that a full - grown American citizen has a right voluntarily to make a contract to accept groceries instead of money if he chooses . The West Virginia judge thought that the right to contract in respect of property , including ...
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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.