The labor journal. [volume] (Everett, Wash.) 1909-1976, 1920-05-14
COURT DECISIONS;
LABOR QUESTIONS

~ 'DnAA bNSAAA olAiAbob 90 II Nllt
enactment of a law proposing to
protect the rights of one party i'm
mediately raised the question as to
whether the rights of another had
not been unconstitutionally in
lfringed. The Bureau of Labor Sta
tistics of the L. S. Department of
Labor has just issued it's annual
compilation of decisions of courts
affecting labor bulletin No. 258) +;
and of the 1870 odd cases included
therein, more than a score involving
the power of the Legislature to en-
act the law under which suit was
brought, the objector being in every
case a person claiming to be inju-
riously affected by the act.
Sometimes the Court decides adj
versely to the Legislature, as in the
case of the Federal Child Labor Law
by which Congress undertook to ex-
clude from interstate commerce the
products of child labor in the va
rious States. 1t was held that the
lattempt to regulate the conditions
covered by the law was in excess of
the Federal authority, being purely
within in the control of the State,
so that the law could not be en-
forced; so also of a law of Louisi-
ana, declaring a special liability of
public service corporations for in
juries to any of their employees, the
Court holding the act unconstitu
tional because it placed in one class
workmen engaged in non-hazardous
and in hazardous occupations.
Another instance in which the
action of the lawmakers was held
to exceed its constitutional powers
involved a tipping law of Califor-
mia. This act did not actually pro-
hibit the giving of tips, but forbade
the employer to require employees
to turn their tips over to him. This
was said to be unwarranted inter
ference with the right of employers
and employees to contract.
In most cases, however, the Leg
islatures have been vindicated, as
by the Supreme Courts of Massa-
chusetts and Washington, uphold
ing the Minimum Wage Laws of the
respective States; that of Pennsyl-
vania sustaining a law forbidding
night work by children under 16
years of age; and those of New
Jersey and New York UNFOLDING |
progressive legislation on the sub
ject of Workmen's Compensation.
The New York case involved the
creation of a special fund to COM
pensate second injuries, contribu-
lions to be made to it by employers
of workingmen fatally injured and
leaving no beneficiary under the
act.
The Clayton Act, amending the
Federal Antitrust Law, was held
by a United States District Court of
Appeals to have set aside some of
the judicial restrictions on the right
Of labor unions to maintain boy
colts against Objectionable products
Of manufacture. The Machinists'
Union of New York had blacklisted
a printing press manufactured in
under open shop condi-
lions. Boycotts and threats of
strikes prevented drayage, installa-
ton, or repair of these presses; and !
it was held by a majority of the
Court that, though the very thing
by the unions had been
unlawful in the famous |
Danbury Hatters case, the Clayton
Act rendered it legal at the present
time. There was a strong dissent
to this opinion, the statement being
made that what would have been
unlawful in this case before the
passage of the Clayton Act was not
made lawful by the act.
This bulletin presents a selection
from many hundred cases examined,
and it's representative character
renders it of great interest to stu
dents of the legal aspect Of the la
Dor problem.