The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-12-06
THE OPEN SHOP"

y
pose TO be the Declaration Of Independence and the
common law and the bylaws of which may take
be the constitution Of the United States and the
states The is detail The purpose for which
society is organized is the securing to every man
fun enjoyment OF his natural rights under the com
mon law these rights being specineay stared IN the
Declaration independence. IL is this end that the
laws made by the congress and by several states
these laws belng IN Ine man INTENDED 70 express anu
give effect 20 the principles contained in our charter
go into the question whence came the charter
and the bylaws, for must assume that we are all
fact entire social organization. If we are not
so agreed then argument upon the point becomes a
waste of time in view of the infinitely more Sc
The Acceptance OF the charter ana bylaws it seems to
good:
l. That men are born free with natural right
Hfe liberty and the pursuit of happness-ths involv
ng Of course the right to hold property and to dispose
q That men are born unequal as to their abilities.
3. THAT the law cannot justly attempt restriction
abridgment of individual natural rights save for
the protection Of similar rights TO the general commu-
A. That the law cannot Justly attempt abolish
the natural INEQUALITIES existing in the case Of physical
or intellectual abilities of the individual citizen.
TO deny the nrst proposition IS to deny the tounda
ton of democracy To DEFY the second is to deny
what fairly may be said to be obvious fact. To
deny the third IS 10 deny liberty; and to deny the
fourth is to proclaim socialism in its most extreme
form; that IS, community Of property 1 assume the
truth Of these propositions
We have therefore. society composed Of indvidu-
ais with equal natural rights and unequal abilities
The law is for the purpose of protecting every ind
vidual enjoyment his rights, including such
property as his abilities enable him Justly to acquire
1t is understood of course that mans natural and in
aenable rights at all times conditioned by the
uIal and inaenabe rights of his neighbOrs. The law
takes mans life to preserve that of Others takes his
liberty safety others. by taxation takes
his property for the good. No individual may
against the natural rights his neighbors.
There must at times be conflict and in such conflict
superior the rights Of equal rank inherent the
few. What the law is aiming at in fact, its funda-
mental purpose, is preservation Of equal rights to
every far as possible.
An important principle follows from this, taken in
connection with the inequality of abilities, which is
that the law cannot remedy inequality in individual
or compensation for ability; can it undertake to
guarantee minimum compensation to anyone. Con
seQuenty, it do than endeavOr in the pre-
servation equal rights all, secure each and
every man what may be termed free access to his
legitimate opportunity for the exercise of his abilities
furtherance of his natural rights. This principle
may term that of equality in opportunity and hold
that it necessarily follows from the principle of equal
rights 1t is in the enforcement of this principle that
ciple has its foundation
The law finds a man possessed Of certain abilities
by exercise of which he properly acquire hold
property tt does not and should not attempt to pre-
vent another of superior ability from taking away
the first mans market. whether for commodities
by underselilng overriding him-fOr to do
would be to attempt TO regulate natural inequalities.
But the law does aim prevent other from con-
~, cior or fd Fap con1netifiop is NOT nd
should not be interfered with a free community.
Competition, however, ceases TO be fair when
croachment is made or attempted upon a mans ma
uraI rights when interference is attempted with
what may be called natural conditions. 1t is the bus
mess of the law to prevent monopoly of opportunity.
which is the exact antithess OF equality. and when
ever antitrust laws are devised their fundamental
purpose is prevent this kind monopoly The
words restraint of trade well express the funda
mental idea nasmuch they imply interference with
natural conoJlons w men antitrust laws attempt to
do much than this they apt be either IN
Just inefficient need hardly stop to point out that
antitrust laws by confined to corpora
tons The antitrust principle existed before corpo-
ratons dreamed Of. the language of the
fade ID the same whether committed nv inSi,5,I
col strain
OF trade by any one is illegal and immoral and re-
straint Of trade practically monopoly oppor-
tunity. without this monopoly it is difficult to
how there can be true restraint Of trade
a number of cases have been adjudicated under the
Sherman antitrust law and think am right in say
ing that the decisions nave usually turned on the proof
of monopoly or attempted monopoly of something
which in the long run, would fail under the definition
that have suggested for equality opportunity
That more cases have not been passed upon is per-
sufficient evidence. the nature things conspi-
racy is especially difficult of proof but that no way
bears upon the principle.
The question Of the open shop involves the rights
OF three parties, namely; The union man, the non
union and the employer Consider the case Of the
non-union man. The rights Of every to dispose
Of his labors fundamental his right to dispose
Of his property for a man must labor support life
and TO preserve life he may in sef-defense COM
init what is known as justihable homicide. The right
Of an employer TO contract with another the
purchase OF his labor is equally fundamental and is
morally limited only by considerations with resDect
what is known the Giving wage" question which
question is distinct from that which 7 am now con-
siderng If man willing to do lawful work for
hire and another man is willing to hire him to do that
from being done. To do would be to restrain or
abridge the liberty Of either individual Of both
The rules. designs purposes of union whether OF
capital or labor, cannot be held superior ma
turaI rights OF the individual Il never can
be- the business of free restrict the natural
rights Of citizen except for his protection of
natural rights OF the community as whole
Now the question of the open shop resolves itself
into the question whether associated labor has the
right to aim az a monopoly of employment for its
members. The union says in effect You must employ
members only. viii not work YOU at am
In saying this it notifies the employer that must
choose between all union labor and an non-lnion
labor. and it notines the -union he may
not work alongside the union explicitly de-
MES the right Of the employer to hire homsoever
peases and it explicitly denies the right non
union man TO work for whomsOever he Dleases. 1t
restricts the right Of the employer by saying that he
shall hire only union and it restricts the right of
men TO work by making 81 dependent member
ship in union. Leaving Of consideration alto
gether the matter Of violence, which while it is I'M
fortunately, at times practical question,
necessarily part of the principle Of the CLOSED shop
&c TO clear that the principle Of the CLOSED
shop" is complete and perfect an example Of re-
straint Of trade ia labor as any could wish