Studies in History, Economics, and Public Law Volume 42

Studies in History, Economics, and Public Law Volume 42

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...person intimidated is or is not a member of the society intimidating. In either case the injury is the same and is from the same cause, namely intimidation. The workman is no longer free. To show that the member of the union is not free, the following view is expressed: If it be said that the member fined may take his choice either to leave the organization or abide by its rules to which he has before assented, and that where there is a choice there can be no coercion, the answer is that in almost every conceivable case of coercion short of an actual overpowering of the physical forces of the victim there is a choice. The highwayman, who presents his cocked pistol to the traveler and demands his purse under pain of instant death in case of refusal, offers his victim a choice. He may either give up his purse and live, or refuse and die. In Carew v. Rutherford the victim had a choice either to pay a fine or take the consequences of a refusal. And so the member of a labor union has the choice either to pay the fine or leave the union. Is it difficult to realize what that choice is in these days of organized labor? Is it too much to say that many times it is very difficult, indeed practically impossible, for a workman to get bread for himself and his family by working at his trade unless he is a member of a union? It is true he has a choice between paying his fine and not paying it, but is it not frequently a hard one? May not the coercion upon him sometimes be most severe and effective? Such is not a free choice. And a market filled with such men is not a reasonably free market. In this connection the language of Boutwell v. Marr seems significant and appropriate: "The law cannot be compelled by any initial agreement of an more

Product details

  • Paperback | 122 pages
  • 189 x 246 x 7mm | 231g
  • United States
  • English
  • black & white illustrations
  • 1236873963
  • 9781236873965