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Updated: May 9, 2025
Assure to labor that right, free the trade unions of court interference in strikes and boycotts, prevent excessive meddling by the government in industrial relations and the stimulated activities of the "legitimate" organizations of labor, which will result therefrom, will achieve a far better Reconstruction than a thousand paper programs however beautiful.
The company then brought suit against members of the union in the United States District Court. Injunction proceedings reached the Supreme Court of the United States on a demurrer, and in February, 1908, the court declared that the Sherman Anti-Trust Law forbade interstate boycotts. The case then returned to the original court for trial.
In 1901 there are four statutes, that of Minnesota also including a prohibition of boycotts, and the first piece of legislation upon the subject in the old Commonwealth of Massachusetts an ordinary statute against exclusive dealing; that is to say, the making it a condition of the sale of goods that the purchaser shall not sell or deal in the goods of any other person.
To commit a wrong so gigantic with impunity a man must wear overalls. How prevent anybody from committing it? How break up this régime of strikes and boycotts and lockouts, more disastrous to others than to those at whom the blows are aimed than to those, even, who deliver them.
The appropriate goal is legislation which prohibits secondary boycotts in pursuance of unjustifiable objectives, but does not impair the union's right to preserve its own existence and the gains made in genuine collective bargaining.
Legislation is now much desired here also to obviate the effect of the Taff Vale case and that of the Danbury hatters which applies its principals to interstate commerce; that is to say, which shall secure the funds of a trades-union to its benevolent purposes, or even to its use in industrial disputes, strikes, boycotts, etc., without making it liable for the results of litigation.
The conviction of the New York boycotters in 1886 and many similar convictions, though less widely known, of participants in strikes and boycotts were obtained upon this ground. Where the eighties witnessed a revolution was in a totally new use made of the doctrine of conspiracy by the courts when they began to issue injunctions in labor cases.
There was nothing else, and no one dreamed of anything else. The enemies of the existing order were employing exactly the same means and methods used by the upholders of that order. Among the workers, for instance, the only weapons used were general strikes, boycotts, and what is now called sabotage. These were wholly imitative and retaliative.
Alabama and Colorado have statutes legalizing "picketing," but a similar bill in Massachusetts failed repeatedly of enactment. But when we come to the statutes applying to combinations solely, and defining them, there have been many statutes declaring blacklisting and boycotts to be unlawful which is merely the common law and a few statutes especially forbidding them.
It is well established that no recovery can be had for losses due to the exercise by others of that which they have a lawful right to do. Hence the employers were obliged to charge that the strikes and boycotts were undertaken in pursuance of an unlawful conspiracy.
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