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Stalker, Coimell r. 6i)4)
Standard Oil Co., State v. (97)
State r. Burnham 52
V. Donaldson 299
t>. Howat 945
V. Justus 476
V. Standard Oil Co. (97)
V. Straw ^^ 55
State of Kansas r. To|K*ka EdLson

Co. 923

Stemmons, Moore v. 577

Stettler r. O'Hara 837

Stevedores', etc., Society, Neder-

landsch, etc. r. ' 66S



XVI



TABLE OF CASES



Page
Stoerkel, Brown r. 555

Stone, Dunlap's Cable News Co. v. 406
Strauss, Terlecki v. 962

Straw, State v. 55

Studebaker Bros. Mfg. Co., Day v. 349
Sumner Telephone Co., Schumacher

V. (616)

Swift and Co. v. United States 118 (768)
Switchmen's Union, D. L. & W.

R. R. V. 795

T
Taff Vale Rv. Co. v. Amal. Society

of Rv. Servants 527

Tarleton v. M'Gawley 190

Taylor, Cotton Jammers, etc., Assn.

V. 698

Taylor, Garret v. 189

Taylor, Keokee Coal Co. v. 860

Terlecki v. Strauss 962

Thacker Coal Co. v. Burke 177

Thorn, Boyson v. 244

Tiernej, Macauley Brothers v. 408
Tillson, Heywood v. 403

Tinsmiths' (Living Wage) Case (882)
Toledo, Ann Arbor, etc., Ry. Co. v.

Pennsylvania Co. 127, 786 (862)
Topeka Edison Co., State of Kan-
sas V. 923
Topeka Ry. Co., Ham v. 943
Tri-City Central Trades Council,

American Steel Foundries v. 213
Truax v. Corrigan 220 (759)

Tubwomen v. Brewers of London 147
Turner, Rex v. 45

Turvey, Brintons, Ltd. v. 979

Tuttle V. Buck 259

Typographical Union No. 6, But-
terick Pub. Co. v. 185

U
United Garment Workers, Sin-

sheimer v. 460

United Hatters, Brennan v. 361

United Mine Workers v. Coronado

Coal Co. 533

United Mine Workers, Diamond

Block Coal Co. v. (237) 504

United States v. E. C. Knight Co. 112
United States, Garrigun v. 742

United States v. Hayes et al 757

V. Kirby 135

United States, Swift & Co. v. 118 (768)
United States Heater Co. v. Iron

Molders' Union 522



Page
LTnited States Printing Co., Kissam

V. 338, 398

United States Printing Co., Mills v. 398

V

Vacher & Sons, Ltd. v. London Soc.

of Compositors 591

Van Houten v. Pine 579

Vegelahn v. Guntner 200

Vredenburg v. Behan 631

W

W. Angliss & Co. and the Austra-
lasian Meat Industry Employ-
ees' Union 890
Waddington, Rex v. 70
Wall, McLaughlin v. 567
Wallace v. The People 561
Walsh, Pickett v. 268
Walton Lunch Co. v. Kearney 377
Warburton, Reg. v. 49
Waterside Workers' Fed. v. Com-
monwealth Steamship Owners'
Assn. 903
Watson, Society of Shakers v. 582
Welinsky v. Hillman 380
Western Union Tel. Co., Boyer v. 468-
Wheeler, Snow v. 86
White V. Riley 327
Whybrow & Co., Australian Boot

Trade Employees' Fed. v. 883

Wilcox V. Arnold 623

Willenski, Ehrlich v. 612

Williams, Erie Railroad Co. v. 857

People V. 806

Ruse V. 568

Willner v. Silverman 472

Wilson V. Hey 413

V. New 863

Wimpj' V. Phinizj' 736

Winona Lumber Co. v. Church 608

Wire Drawers' & Die Makers'

Unions, Amer. Steel & Wire

Co. V. 737

Wise V. Perpetual Trastee Co., Ltd. 617

Wolff Packing Co., May i^. 936

Wolstenholme v. Ariss 324

Woods, Plant v. 312

Z

Zeliff V. Grand Lodge ^ 683

Zenaida, Owners of Steamship,

Morgan v. 978

Zimmerman, Davis v. 730



I



TAHLK OF STATI'IKS



1. ENGLISH STATUTES



Ordinance of Conspirators, 33 Ed. I

(130.-))
Ordinance of Lahoiircrs, 23 I!(l. Ill

(134'.»)
Statute of Labourers, 'l^i Kd. HI

(1 350-1)
Act of 34 Kd. Ill (13<)0)
Act of 37 Kd. Ill (13(i3)
Act of 12 Richard II (1388)
Act of 2 iV- 3 Kd. VI, c. 15 (1548)
An Act anainst He(i;rators, Forestall-

ers and Innro.ssers, 5 «& 6 Ed.

VI, c. 14 (l.-).")2)
Act of 5 Eliz. c. 4 (15G2)
Act of 7 C:eo. I, Stat. 1, c. 13 (1720)
Act for Repealing Certain Laws

Against Kngro.ssers, Forestall-

ers and Regrators, 12 Geo. Ill,

c. 71 (1772)
Combination Act, 1800, 40 Ceo.

Ill, c. 106
Combination Act, 1824, 5 Ceo. IV,

c. 95
Combination Act, 1825, 6 Geo. IV,

c. 129
Trade Union Act, 1871, 34 & 35

Vict. c. 31
Criminal Law Amendment Act,

1871, 34 & 35 Vict. c. 32



UKC

37

3

5
7
8
9
11



68
12
17



69
18
20
21
22
22



Con.spiracv, and Protect i(jn of Prop-
erty Act, 1H75, 38 & 39 Vict,
c. 8() 23

Trade Disjjutes Act, 1906, 6 lid.

VII, c. 47 24

Trade Union Act, 1913, 2 & 3 (Jeo.
y, c. 30 25

English Picketing Ixjgislation 2.36

2. AMERICAN STATUTES

Clayton Act, Act of Oct. 15, 1914.
c. .323, .sees. 6, 20 145

Conspiracy Statute, U. S. Crim.
Code, .sec. 37 58

Court of Industrial Relations Act,
Kansas S. S. Laws of 1920, c.
29 918

Fourteenth Amendment, U. S. Con-
stitution 800

Obstructing the Mail, U. S. Crim.
Code, sec. 201 135

Sherman Anti-Trust Act, Act of
July 2, 1S90, c. 647, sees. 1, 2, 7 112

Thirteenth Amendment, U. S. Con-
stitution 774

3. CANADIAN STATUTE
Industrial Disputes Inyestigation
Act, 1907,6 & 7 Ed. VII, c. 20
(Dom.) 875



TEXTS QUOTED



Page
Clark, 'llic Law of the Employment

of LalK)r ' 394

Collyer, Law of Partnership 612

Dicey, Law and Public Opinion in

England 33

Fitzherbert, New Natura IJreyium 200



Page

Hawkins, Pleas of the Crown 42

Martin, Tlie Law of Labor Unions 394
Russel, Sir Charles, Speech before

Parnell Commission 41 IJ

Spence, Ecjuitable Jurisdiction 717



LABOR LAW



t^



CASES ON LAIU)I{ LAW

INTRODIC TION— EX(;LISII LAHOIt IJICISLATIOX'

Section 1. Early English Statutes-

Ordinance of Labourers, 23 Edward III (1349)'

Edward In- the Rnico of God, &c. to the reverend father in Christ, William,
by the same grace archbishop of Canterbury, primate of all England, greet-
ing. Because a great part of the jxiople, and csj)ecially of workmen and
servants, late died of the pestilence, many seeing the necessity of masters,
and great scarcity of servants, will not serve unless they may receive exces-
sive wages, and some rather willing to beg in idleness, than by labour to get
their living; we, considering the grievous incommodities, which (jf the lack
especially of ploughmen and such labourers may hereafter come, have upon
deliljeration and treaty \\ith the prelates and the nobles, and learncfl men \.ix^^JJ{ *i
assisting us, of their mutual counsel, ordained: . f

Chapter I. Every person able in body under the age of sixty years, not having ' , /

to live on, being required, shall be bound to serve him that doth require him, '/>-*-^| ^ '■*"•
or else committed to the gaol, until he find surety to serve. ( i% ♦ V-V ^

That every man and woman of our realm of England, of what condition
he be, free or bond, able in body, and within the age of threescore years,
not living in merchandize, nor exercising any craft, nor having of his own
whereof he may live, nor proper land, about whose tillage he may himself
occup3', and not serving any other, if he in convenient ser\'ice (his Estate
considered) be required to serve, he shall be bounden to serve him which
so shall him require. And take only the wages, livery, meed, or salary, which
were accustomed to Ix? given in the places where he oweth to serve, the .\x.
year of our reign of England, or five or six otlier common years next l)efore.
Provided always. That the lonls be preferred l)efore other in their bondmen
or their lanil tenants, so in tlieir service to be retained; so that nevertheless

' Other English statutes, as well as American statutes, dealing with specific
subjects, will be found scattered through the cases under the appropriate subject
headings. See Table of Statutes, p. xvii. — Ed.

' The translation of the statutes in this section is taken from Pickering's edition
of the Knglisii Statutes at Large (Cambridge, 17(52, 1703, 170.')). — Ed.

' For a -scholarly discussion of the Statutes of Lal)Oiircrs, sec B. II. Putnam,
The Enforcement of the Statutes of Lnl)ourer3 (Columbia University Studies in
History, Economics, and Puljlic Law, vol. ;}2). Sec also, Social England (edited
by II. D. Traill), vol. 2, pp. i;i;3-110 (l)ibliog., p. 270); W. Cunninghani, The
Growth of English Industry ami Commerce (5th ed.), pp. 330-330; Thorold
Rogers, Six Centuries of Work ami Wages, Chap. S; W. J. .Vshley, Introduction
to English Economic History and Theory.

Sixty-one early Yeari)ook ca.ses arising under the Statutes of Lalxjurers will l>e
found digested in Fitzherbert's Abridgement, tit. Lalnmrcrs, fol. 88 fT.

3



4 ENGLISH STATUTES [INTROD.

the said lords shall retain no more than be necessary for them. And if any
such man or woman, being so required to serve, will not the same do, that
proved by two true men before the sheriff or the bailiffs of our sovereign lord
the King, or the constables of the town where the same shall happen to be
done, he shall anon be taken by them or anj^ of them, and committed to the
next gaol, there to remain under strait keeping, till he find surety to serve
in the form aforesaid.

Chapter II. // a workman or servant depart from service before the time agreed
upon, he shall be imprisoned.

Item, If any reaper, mower, or other workman or servant, of what estate
or condition that he be, retained in an}^ man's service, do depart from the
said service without reasonable cause or licence, before the term agreed, he-
shall have pain of imprisonment. And that none under the same pain pre-
sume to receive or to retain any such in his service.

Chapter III. The old wages, and no more, shall be given to servants.

Item, That no man pa}^, or promise to pay, any servant any more wages^.
liveries, meed, or salarj^ than was wont, as afore is said. Nor that any in
other manner shall deinand or receive the same, upon pain of doubling of
that, that so shall be paid, promised, required, or received, to him which
thereof shall feel himself grieved, pursuing for the same. And if none such
will pursue, then the same to be applied to anj^ of the people that will pursue.
And such pursuit shall be in the court of the lord of the place where such case
shall happen.

Chapter V. // any artificer or workman take more wages than were wont to be
paid, he shall be committed to the gaol.

Item, That sadlers, skinners, white-tawers, cordwainers, taylors, smiths,
carpenters, masons, tilers, shipwrights, carters, and all other artificers and
workmen, shall not take for their labour and workmanship above the same
that was wont to be paid to such persons the said twentieth year, and other
common years next before, as afore is said, in the place where they shall
happen to work. And if any man take more, he shall be committed to the
next gaol, in manner as afore is said.

Chapter VI. Victimls ,'ihall be sold at reasonable prices.

Item, That butchers, fishmongers, regrators, hostelers, brewers, bakers,
pulters, and all other sellers of all manner of victual, shall be bound to sell
the same victual for a reasonable price, having respect to the price that such
victual be sold at in the places adjoining, so that the same sellers have mod-
erate gains, and not excessive, reasonably to be required according to the
distance of the place from whence the said victuals be carried. . . .

Chapter VII. No person shall give any thing to a beggar that is able to labour.

Item, Because that many valiant beggars, as long as they may live of beg-
ging, do refuse to labour, giving themselves to idleness and vice, and some-
time to tlieft and other abominations; none ui)on the said pain of imj)rison-
ment shall, uiidcr the colour of pity or alms, give any thing to such, which
may labf)Ur, or presume to favour tliom towards tlieir desires, so that thereby
they may be comjielled to hiljour (or (licir necessary living. . . .



SECT. I] EAULV STATUTES 5

ChaptI':r VIII. He thai ta/uth mure wages than is accualoniably given, shall
pay the s-nrplunage to the tt/wn where he dwelleth, towards a payment Uj the
King of a tenth and Jiftanth granted to him.
Subsequently our sdvereign lord the KiiiK, i)er(ei\inK i>y tlie cornriion
complaint, that his |je<Ji)le, for such excessive stiiK;inl, liveries, and i>rices,
which to such servants, labourers, and workmen were ctjiistrainedly paid,
be oppressed, and that the disine and (juinzirne to him attaining might not
Ixi paid, unless remedy were therefore provided: regarding also the coactions
and manifest extortions, and that tliere was no man, which against such
offenders, did pursue for the said commodity so ordained to Ix? obtained:
wherefore it was consonant, that that thing which was f)rdained to Ik? aj)-
plied to singular uses, seeing that the same jx;rsons did not, nor would not,
pursue, should l)e converted to a publick and common [)rofit, by the advice
of his counsel. Hath ordained, That all and singular workmen, servants and
artificers, as well men as women, of whatsoever estate or ccnidition they l>e,
taking more for their labours, services, and workmanshij), than they were
wont to take the said xx. year, and other years aforesaid, should lie a.s.sessed
to the same sum, which they shall receive over and above, with other sums
as well for the time past, when the stipend, wages, liveries, and prices were
augmented, as for the time then to come. And that the said whole sunj re-
ceived over and above, should be levied of every of them, and gathered to
the King's use. . . . And therefore our .said sovereign lord the King hath
commaniled all archbishops, and bishoi)s, that they do to be published the
premi.ses in all places of their dioceses, commanding the curates and other
subdiocesans, that they compel their parochians to labour, according to the
necessity of the time, and also their stijxindiary priests of their .said dioceses,
which do now excessively take, and will not, as it is said, serve for a competent
salary, as hath been accustomed, upon pain of suspension and interdiction.
And that in no wise ye omit the .same, as ye love us and the commonwealth
of our realm. Dated the day and year aforesaid.

Statute of Labourers, 25 Edward III (1350-1)^

WluTcas lute against tlic malice of servants, which were idle, and not
willing to serve after the ix!stilence, without taking excessive wages, it wjis
ordained by our lord the King, and by assent of the i)relates, earls, barons,
and other of his council. That such manner of ser%'ants, as well men as women,
should be bound to serve, receiving salary and wages, accustomed in places
where they ought to serve in the twentieth year of the reign of the King
that now is, or five or six years before; and that the same servants refusing
to serve in such manner should be punished by imprisonment of their bodies,
as in the said statute is more plainly contained; (2) whereu{)on commissions
were made to divers jK-ople in every county to encjuire and punish all them
which ofTend against the same. (3) And now forasmuch as it is given the
King to understand in this present parliament, by the jx^tition of the com-
monalty, that the said servants having no regard to the said ordinance, but
to their ease and singular covetis(\ do withdraw themselves to serve great
men and other, unless they have livery and wages to the double or treble
of that they were wont to take the said twentieth year, and before, to the
great damage of the great men, and impoverishing of all the siiitl commonalty.

* Under our modern reckoning, this Statute of Lalx»urers was pa.<vsed in Fol)-
ruary, 1351. — Ed.



6 ENGLISH STATUTES [INTROD.

whereof the said commonalty prayeth remedy: (4) wherefore in the same
parHament, by the assent of the said prelates, earls, barons, and other great
men of the same commonalty there assembled, to refrain the malice of the
said servants, be ordained and established the things under-written.

Ch.\ptee I. The year and day's wages of servants and labourers in husbandry.
First, That carters, ploughmen, drivers of the plough, shepherds, swine-
herds, deies, and all other servants, shall take liveries and wages, accus-
tomed the said twentieth year, or four years before, so that in the comitry,
where wheat was wont to be given, they shall take for the bushel ten pence,
or wheat at the will of the giver, till it be otherwise ordained. And that
they be allowed to serve by a whole year, or by other usual terms, and not
by the day. And that none paj^ in the time of sarcling or ha_y-making but
a penny the daj'. And a mower of meadows for the acre five pence, or by
the day five pence. And reapers of corn in the first week of August two
f)ence, and the second three pence, and so till the end of August, and less in
the country where less was wont to be given, without meat or drink, or other
courtesy to be demanded, given, or taken. And that all workmen bring
openly in their hands to the merchant towns their instruments, and there
shall be hired in a common place and not privy.

Chapter II. How much shall be given for threshing all sorts of corn by the
quarter. None shall depart from the town in summer where he dwelt in
winter.
Item, That none take for the threshing of a quarter of wheat or rye over
ii. d. ob. and the quarter of barley, beans, pease, and oats, i. d. ob. i^ so
much were wont to be given, and in the country, where it is used to reap by
certain sheaves, and to thresh by certain bushels, they shall take no more
nor in other manner than was wont the said xx. year and before. And that
the same servants be sworn two times in the year before lords, stewards,
bailiffs, and constables of every town, to hold and do these ordinances. And
that none of them go out of the town, where he dwelleth in the winter, to
serve the summer, if he may serve in the same town, taking as before is
said. . . . And that those, which refuse to make such oath, or to perform
that that they be sworn to, or have taken upon them, shall l>e put in the
stocks, by the said lords, stewards, bailiffs, and constables of the towns by
three days or more, or sent to the next gaol, there to remain, till they will
justify themselves. And that stocks be made in every town by such oc-
casion betwixt this and the feast of Pentecost.

Chapter III. The wages of several sorts of artificers and labourers.

Item, That carpenters, masons, and tilers, and other workmen of houses,
shall not take by the day for their work, l)ut in manner as they were wont,
that is to say; A master carpenter, iii. d. and an other ii. d. A master free
mason iiii.d. and other masons iii.d. and their servants i.d. ob.; tylers iii. d.
and their knaves i.d.ob., and other covcrers of fern and straw iii. d.,and their
knaves i. d. ob.; plaisterers and other workers of nuidwalls, and thoir knaves,
by the same manner, without moat or drink, s. from Easter to Saint Michael.
And from that time less, according to the rate and discretion of the justices,
which should be thereto assigned. And that they that make carriage by
land or by water, shall take no more for such carriage to be made, tlian they
were wont the said xx. year, and iiii. years before.



SECT. I] EARLY STATUTES 7

CHAPfER V. The several ■punishmenUi of persons offending against this statute.

Item, That the said stewards, hailifTs, and (•()ristahlos of the said touiis,
be sworn l)efore the siitiie justifies, to iiujuire dihi^cntly by all the gofwl ways
they may, of all them that come against this ordinance, and to certify tJie
same justices of their names at all times, when they shall come into the
country to make their sessions, so that the siime justices in certification of
the same stewards, baililTs, and constaljles, of the names of the reljels, shall
do them to be atUichod by their body, to be befon; the said justices, to answer
of such contemj)ts, so that they make fine and ransom to the King, in cji.se
they be attainted. .\nd moreover to be commanded to prison, there to re-
main, till they have found surety, to serve, and take and do their work, and
to sell things vendable in the manner aforesaid. . . .

Ch.\ PTfm VII. The justices shall hold their sessions four times a year, and at
all times needful. Sercauts which flee from one counti/ to another .-hfdl
be committed to prison.

. . . And if any of the said servants, labourers, or artificers do flee from
one county to another, Ixicause of this ordinance, that the sheriffs of the
counts where such fugitive i)ers(jns shall l)e found, shall do them to l>e taken,
at the commandment of the justices of the counties from whence they shall
flee, and bring them to the chief gaol of the same county, there to abide till
the next sessions of the same justices. . . .

Act of 34 Edward IH (1360)

Chapter IX. The stalidcs of 23 Edw. ?, cap. 1, ami 2o Edw. 3, stat. /, cap.
1 and 2, touching labourers, carpenters, masons, &c. confirmed.

Item, It is accorded in this present parliament. That the statute of labourers
of old times made, shall stand in all points, except the pecuniar pain, which
from henceforth is accorded, that the labourers shall not he punished by
fine and ransom. And it is ii.ssented, That the said statute shall be enforced
in punLshment of labourers, in the fonn following: that is tf) say, that the
lords of towns may take and imprison them by fifteen days, if they will not
jiLstify themselves. And then to send them to the next gaol, there to abide
till they will justify them, by the form of the statute. And tliat the siioriff,
jaylor nor other minister sluiU not let them to mainprise nor bail, and if he
do, he shall pay to the King ten pound, and to the party an hundred shil-
lings: nor that the sheriff, jailor, nor other minister shall take no fee nor
porterage of prison, nor at his entering, nor at his going out, upon the same
pain. And that a.s well carpenters and masons Ix? comprised of this ordi-
nance, as all other labourers servants and artificers. And that the car()enters
and ma.sons take from henceforth wages by the day, and not by the week,
nor in other manner. .Vnd that the chief masters of carpenters and ma.<f)ns
take four pence by the day, and the other three })ence or two i^ence accord-
ing as they be worth. .\nd that all alliances and covines of ma.sons and car-
penters, and congregations, chapters, ordinances and oaths l>et\\i.xt them
made, shall be from henceforth void and wholly annulled: so that ever\-
mason and cari^)enter of what condition that he l>e, shall l)e comix>lIed by
his master to whom he serveth, to do ever>' work that to him ix>rtaineth to
do, or of free stone, or of rough stone. And also ever>' carix'nter in his de-
gree. But it shall l)e lawful to every lord or other, to make bargain or cove-



8 ENGLISH STATUTES [INTROD.

nant of their work in gross, with such labourers and artificers when please
them, so that they perform such works well and la\\^fully according to the
bargain or covenant with them thereof made.

Chapter X. The 'punishment of labourers, &c. departing from their service
into another county.

Item, Labourers and artificers that absent them out of their services in an-
other town, or another county, the party shall have the suit before the jus-
tices, and that the sheriff take him at the first day, as is contained in the
statute, if he be found, and do of him execution as afore is said, and if he re-
turn, that he is not found, he shall have an exigend at the first day, and the
same pursue till he be outlawed, and after the outlawrj^, a writ of the same
justices shall be sent to every sheriff of England, that the party will sue to
take him, and to send him to the sheriff of the county where he is outlawed,
and when he shall be there brought, he shall have there imprisonment, till
he will justify himself, and have made gree to the party: and nevertheless
for the falsity he shall be burnt in the forehead, with an iron made and formed
to this letter F. in token of falsity, if the party grieved the same mil sue.
But this pain of burning shall be put in respite till saint Michael next en-
suing, and then not executed, unless it be by the advice of the justices. And
the iron shall abide in the custody of the sheriff. And that the sheriff and
some bailiff of the franchise be attending to the plaintiff, to put this ordi-
nance in execution, upon the pain aforesaid. And that no labourer, servant,
nor a,rtificer shall take no manner of wages the festival days.

Act of 37 Edward III (1363)

Chapter Y\. Handicraftsmen shall use hut one mystery, hut workwomen may
work as they did.

Item, It is ordained, That artificers, handicraft people, hold them every
one to one mystery, which he will choose bet\vixt this and the said feast of
Candlemas. And two of every craft shall be chosen to survey, that none
use other craft than the same which he hath chosen, and that justices be
assigned to enquire by process, to hear and determine in this article, as is
ordained in the article before .said, saving that the trespassers in this article



Online LibraryUnknownA selection of cases and other authorities on labor law → online text (page 2 of 124)