Southwest Washington labor press. [volume] (Hoquiam, Wash.) 19??-19??, 1925-04-24
Fight On yellow Dog Contract
Aims To ReeStabIiSh Liberty

(Note.-International Labor News
Service presents herewith the third
installment of the argument for the
santi-yellow dog" contract bill before
the Joint Ohio legislative COMMITTEES
hearings, as the best and most COM
plete exposition Of the principle IN
volved and as the ablest available
analysis of the proposed remedy.)
It is not necessary for me to pre-
sent any argument as to the neces-
sity for organization. Modern civil
ization could not exist without or
ganization. Our employers could not
become the leaders in the world OF
industry which they are, if they did
not have the full benefits of organiza-
ton. They must be able to get to-
gether, discuss their problems, come
before you and seek the legislation
that their industries may require.
Where would civilization fall to If
we lost our right to religious organ
ization7 What would life become If
in any way our right to socially or
ganize ourselves along our own pc
culiar lines of interest and enjoyment
were .denied7 That right Of organ
ization underlies everything that Is
typical of our American institutions
and that is essential to our progress
in civilization.
And yet we find employers endeav-
oring to discover q way by which
they can destroy the effectiveness of
our constitutional right to organize
by using a contract and the common
law right of contract to make it i'm
possible for one great group of men,
bers of the community to enjoy that
same right of organization them-
selves.
If there is any one thing, if there is
any one condition in Ohio industries
today, which is dangerous to that CO.
operation which should exist between
management and labor, it is in that
contract which, if it was successful,
would set up a class distinction be-
tween the manufacturer and the
workman, allowing one to enjoy all of
the blessings and the advantages Of
organization, and denying those to
the others.
do not intend to trouble yon with
reading many of the Supreme Court
decisions, which l thought it might
be advantageous to you, but in view
of the fact that no argument as to
the unconstitutionality of our law has
been brought forward, will only call
your attention to one or two.
In the Mclean versus Kansas, 211
u. s., $50, find the following rela-
tive to this alleged unlimited right
Of contract: ~
"But in many cases in this court
the right of freedom of contract has
been held not to be unlimited in its
nature, and when the right Of con-
tract, to carry on business, conflicts
with laws declaring the public policy
of the state, enacted for the protec-
ton of the public welfare, safety or
health, the same may be valid, not
withstanding they have the effect to
curtail or limit the freedom of con-
tract"
In another case, decided by the
United States Supreme Court, Fris-
by versus the United States, ITO u.
S. 1905, there is the following upon
this same limited rather than unlimit-
ed right of contract:
at is within the undoubted power
of government to restrain some in
dividuals from all contracts as we'll
as some individuals from some con-
tracts. 1t may deny to all the right