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Now, this great law of conspiracy applies equally and always to combinations of capital or of employers, to trusts, contracts in restraint of trade and blacklists, as well as to unlawful labor combinations, unlawful union rules, and boycotts. The statutes directed against both originated about the same time and have run historically on all-fours together.
We are now coming also to that great range of statutes, which, on the one hand, control labor and regulate the rights of the laborer, both in his prices and in his hours; and, on the other, those statutes relating to what we call "trusts," conspiracy, and trades-unions, which have made common-law principles which are to-day, all of them, invoked by our courts; and form the precedents of practically all our modern legislation on matters affecting labor, labor disputes, injunctions, strikes, boycotts, blacklists, restraint of trade, and trusts in fact, the largest field of discussion now before the mind of the American people.
This is probably the only legislation on such matters which adds anything to the common law. Many of the States, usually Western States apt to be more forgetful of the common law than the older Commonwealths have been at pains to pass statutes against blacklists. Such statutes are entirely unnecessary, but as they relate to combinations they will be considered in the next chapter.
When that crowd want me let them come and get me. I'm not chiding. They talk about cattle thieves! Why, your outfit would steal the spurs off a rustler's heels. And when men like Hawk and Yankee Robinson and German set up a little ranch with a few head of cows for themselves your bunch blacklists them, refuses 'em work anywhere on the range. Where did Dutch Henry learn to steal?
Prohibitive tariffs, blacklists and boycotts, embargoes on mail and cargo, the exclusion from England and France of hundreds of our manufactured articles all show which way the international trade winds may blow when the belligerents begin to take toll of their losses. Meantime, what are the facts? Take the case of England. Thirty years ago she was the workshop of the world.
But if we hold thoroughly these two principles before our mind we shall have the key to the understanding of our labor legislation; and if we add to that the third principle against conspiracy, we shall have the key to our more complicated legislation against trusts and blacklists and boycotts, and to an understanding of the more difficult questions, affecting labor in combination and the regulation of labor unions.
Matters concerning salaries should always be confidential, and so should personal items such as health reports, character references, and so on, credit reports, blacklists, and other information of a similar nature. It is compiled for a definite purpose and for the use of a limited group of people. It is unethical to use it in any other way.
All alike live in an unreal world, in its essentials a world of their own creation. With all of them the bark is worse than the bite, and their "Keep" is more disastrous than both together. And as each nation should look after its own, Dr. Nippold lists blacklists if you choose the Chauvinists of Germany. At first glance, they make an imposing showing.
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