Labor in Its Relations to Law: Four Lectures Delivered at the Plymouth School of Ethics, July 1895 |
From inside the book
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Page 22
... interfere with their com- mon - school education . Under the ages of eleven or twelve they may not usually be employed at all in factories , and in most of our States not at all in mines . The present state of English statute law is ...
... interfere with their com- mon - school education . Under the ages of eleven or twelve they may not usually be employed at all in factories , and in most of our States not at all in mines . The present state of English statute law is ...
Page 52
... interfere with this contract have certain States very recently affirmed the principle . Thus , the statute of ... interference with such contracts by persons not parties to them ; that is , intimidation . The first branch alone concerns ...
... interfere with this contract have certain States very recently affirmed the principle . Thus , the statute of ... interference with such contracts by persons not parties to them ; that is , intimidation . The first branch alone concerns ...
Page 56
... interfere with them , at least by any other influence than persuasion . This , I think , we will also take as axiomatic . But , unhappily , laborers , often uninstructed , and suffering perhaps under past oppression or present unfair ...
... interfere with them , at least by any other influence than persuasion . This , I think , we will also take as axiomatic . But , unhappily , laborers , often uninstructed , and suffering perhaps under past oppression or present unfair ...
Page 65
... interference with our liberty that we should not make such a contract , though it could not be said that either side were deprived of an important liberty by the restriction . This , therefore , is an example of a case which , possibly ...
... interference with our liberty that we should not make such a contract , though it could not be said that either side were deprived of an important liberty by the restriction . This , therefore , is an example of a case which , possibly ...
Page 83
... interfering to pre- vent it in the least degree . He may spend his life in malevolence to some other person , and yet go unpunished on this earth . It is a stock re- proach of the law that it suffers this . But what I want to emphasize ...
... interfering to pre- vent it in the least degree . He may spend his life in malevolence to some other person , and yet go unpunished on this earth . It is a stock re- proach of the law that it suffers this . But what I want to emphasize ...
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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.