The Washington herald., 1908-03-05
Labor Unions and the Trus, Law.

The American FederationIst for March
contains plenty OF evidence that labor
leaders. from the president of the Ameri-
can Federation of Labor down. regard
the recent decision Of the Supreme Court,
holding the boycott machinery perfected
by national unions Of labor within the
inhibition OF the antitrust act against
combinations or conspiracies in restraint
of trade. as a serious invasion Of the
rights and liberties OF the people. They
particularly resent the intimation, which
they assume TO be implied in the courts s
decision. that labor unions are trusts,
and so subject TO antitrust laws based
on the theory that trusts are inimieal
TO the public welfare and necessarily IN
lawful This resentment Is natural. but
We doubt whether the Supreme Court
had any intention Of branding labor
unions as illegal trusts, for its opinion
was directed against a combination en-
gagged In boycotting a manufacturer. that
is to say. engaged in doing something
adjudged TO be unlawful. We do not
think the Supreme Court would hold that
a combination of laborers for lawful
purposes would be an illegal combina-
ton. Such a decision, of course, would
be unjust aud indefensible.
There is. nevertheless. a strong feeling
among labor leaders and their friends
an6 these last include many thoughtful
economists and publicists-that the Sher-
man antitrust act. as It now stands does
outlaw the unions. even when their pur-
poses are laudable and innocent. 1t is
believed that their arrangements or COM
binations for the purpose Of raising or
maintaining wages. or even their agree
mentS with employers respecting the
terms and conditions of employment, may
conceivably be obnoxious to the Sherman
law, which. as is well known. makes no
distinction between good and bad cOmbi-
nations. or between reasonable and un-
reasonable agreements in restraint of
trade. Mr.. Gompers, in the Federationist.
shows that at the time the Sherman act
was under consideration in the Senate a
proposal 10 exempt from the provisions
Of the act any arrangements. agree
ments, or combinations between the
labOrers, made with a view of lessening
the number of hours Of labor or the in
creasing of their wages" was warmly
supported by many Senators. including SC
| judicially minded a statesman as the late
| Senator Hoar. But it was not adopted
/ because OF the general opinion that the
act would not apply to combinations OF
/ labOrers. an opinion which has been
somewhat shaken by recent court decl-
sions
Among the recommendations made by
the recent trust conference held at Chi
cago under the auspices Of the Civic
| Federation is one that the Sherman ac;
should be so amended as 10 exempt from
its prohibition Of combinations national
and local organizations OF labor and theil
trade agreements with employers relatinf
10 wages. hours OF labor, and condition.
Of employment" Mr.. Gompers avOw'
himself in favor Of legislation to earn
out that recommendation, and we agre.
with him that labor organizations having
as their main object the promotion Of tn,
material welfare Of their members should
not be under the ban of law forbiddinl
combinations in restraint OF trade. SueI
( legislation would not necessarily legaliz,
( the boycott. but it would settle the statu.
/ OF labor unions before the law.