The labor world. [volume] (Duluth, Minn.) 1896-current, 1919-12-13
THE "OPEN SHOP.

! In the December number OF the
"Citizen's Alliance Bulletin: more
than one-quarter of its space is given
to prove the admitted question that
the "open shop" is legal. The Labor
World is taken to task for its "con-
temptuous reference" to the decision
of the Anthracite Coal Strike Com
mission of 1903 on the rights OF the
Individual, as a. "moss-coVered"
opinion. BY the same token it holds
that if that "decision is moscow
cred then the Declaration Of indie
pendence and the Constitution OF the
United States are moss-covered do
cuments, for the policy Of the open
shop is in entire harmony with the
principle of government enunclated
in those Documents
The Bulletin would make the
Anthracite Coal Strike decision the
basic rule for industry as the Consti-
tuition is the basic law of the land.
We will leave the Declaration Of In
dependence out of it for the time be-
ing. The principles of the right OF
life, liberty and the pursuit of happi-
ness affirmed therein will never
grow old. Indeed they are much more
alive today than they have ever been
before.
The Constitution, however, Is sub
ject to change and it Is changed to
meet new conditions when they may
arise, and it keeps each succeeding
generation busy drafting new amend
ments and arousing public thought
TO compel backward inclining courts
to look forward and. keep the moss
from growing on that good old bull
:Wark of human liberty.
Labor refuses to recognize the de-
cision of the Anthracite Coal Strike
commission as the magma charta of
industrial liberty. Since then con-
gress has enacted the Clayton law
and several others which outrank it
in defining labor's right. Labor had
no voice in selecting the Anthracite
Coal Strike commission and it had
precious little to do with its delibera-
lions. It's award was primarily re-
sponsible for the present chaotic con-
dition of the American coal indus
try, and remembering it the coal
miners refused at this time to take
any chances in again dealing with
such a board. That is one of the
chief reasons why the. strike was Of
such long duration.
Lawyers are ever In the habit of
discussing public questions from the
. legal standpoint. The Labor World
had in mind the new world concept
! of industrial democracy when it cha
racterized the "open shop" opinion of
the Anthracite Coal Strike commits
sion Of 1903 as *smoss-coyered.' -
This new concept was admirably ex-
pressed by President Wilson in his
late message when he, appealed to
congress to "help in the difficult task
of finding a method that will bring
about genuine characterization of
industry, based upon full recognition
of the right of those who work, In
whatever rank, to participate in
some way in every decision which
directly affects their welfare."
Further on he said: Government
must recognize the right of men col
1ectively to bargain for human OBJ
jects that have at their base the mu.
tual protection and welfare of those
engaged in all Industries. = - Re.
turn to the old standards of wage and
industry are unthinkable.'
We are asked by the Bulletin to
point out in what court or tribunal
the "open shop" decision Of 1908
mas been overru1ed. It is true it has
never been overruled by any judicial
Tribunal, for courts are not in The
habit OF doing such things, but the3
always seem to find way o. modi.
tying former interpretations Of the
law which in III, cid have the effect
OF overruling them. The fact chat
the President has reminded congress
that cold standards Of wage and in.
dustry are unthinkable, is a reversal
of the coal strike opinion. Congress-,
when it enacted the Clayton act
which declares that "the labor of a
human being shall not be regarded
rs an article Of trade" also reversed
chat decision. But the greatest trib.
Anal Of all, tho majority Of the Amer