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It is not, however, until the sanction of public opinion eventually backs the attitude of the unions that the laws and their interpretation can conform entirely to the desires of labor. The chief grievance of organized labor against the courts is their use of the injunction to prevent boycotts and strikes.
Finally, just as we are earnestly seeking for procedures whereby to adjust and settle political differences between nations without resort to war, so we may well look about for means to settle the differences between organized capital and organized labor without resort to those forms of warfare which we recognize under the name of strikes, lockouts, boycotts, and the like.
The adoption of the recall of judges, owing largely to non-Socialist efforts in Oregon, California, and Arizona, will make anti-union injunctions in strikes and boycotts improbable in the courts of those States, and the widely accepted proposal for the direct election of the federal judiciary would have a similar effect in the federal courts.
Finally, just as we are earnestly seeking for procedures whereby to adjust and settle political differences between nations without resort to war, so we may well look about for means to settle the differences between organized capital and organized labor without resort to those forms of warfare which we recognize under the name of strikes, lockouts, boycotts, and the like.
Prosperity would bring on an expansion of credits, a rise in prices, higher cost of living, strikes and boycotts for higher wages; then depression would follow with the shutdown and that most distressing of social diseases, unemployment. During the panic of 1873-74 many thousands of men marched the streets crying earnestly for work.
The National Association of Manufacturers saw to it that Congress and State Legislatures might not weaken the effect of court orders, injunctions and decisions on boycotts, closed shop, and related matters. The "open-shop movement" in its several aspects, industrial, legal, and political, continued strong from 1903 to 1909.
How demoralizing this boycott is may be gathered from the way the foreign press is raging about it. One bitter editorial, entitled, "A Plain Talk to the Chinese," has this to say: Boycotts and strikes, in lieu of diplomatic action, are becoming somewhat of a fad with the Chinese.
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.
But the people at large do not believe that only the poor man can be relied on to deal justly on the bench. The mass of working-men do not believe it. They do believe that courts have too much power over them in their associated relations. They are in favor of cutting off the right of issuing injunctions to suppress boycotts or "picketing" in case of strikes.
Unlimited and unrestrained class self-defense, evinced by strikes and lockouts, by boycotts and sabotage, leads inevitably to anarchy. The Fascist doctrine, enacting justice among the classes in compliance with a fundamental necessity of modern life, does away with class self-defense, which, like individual self-defense in the days of barbarism, is a source of disorder and of civil war.
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