TRADE UNIONS AND TILE LAW. The develop ment of the law in the United States has been different from that in England. A few early cases are recorded in. which trade unions were declared illegal, but as early as 1821 in Penn sylvania and 1842 in Massachusetts a view diametrically opposite to the English law was taken, and since has been consistently main tained by American courts, except in so far as it has been modified in very recent years by the anti-trust acts. Workmen may com bine to improve the conditions of their em ployment and agree not to work for less a certain amount. ni to refuse to work for employ ers paying less than this amount, without active interference from the legal authorities; and in several important eases the courts have gone to the point of recognizing the legality of the by laws of unions and even of enforcing them (Master ,Stevedores' Association v. Walsh, 2 Daly, 1; People Musical Mutual Protective Union. HS N. V. 101). Onr legislatures have gone even further than the courts in recognizing the legality of the purposes of trade unions. The Federal Government and many of the largest States have enacted statutes providing for the in corporation of trade unions under exceptionally favorable conditions. But only an unappreciable percentage of unions have taken advantage of the incorporation laws, and labor leaders are practi cally unanimous in opposing it, on the ground that it would snbject the nnions to an indefinite num ber of vexatious and costly suits at law. The State legislatures have also conferred several spe cial privileges upon labor organizations. Massa
chusetts and Kankts, for instance, have exempted labor organizations from the operation of the statutes regulating fraternal beneficiary asso ciations: and about fifteen of our largest States have passed statutes prohibiting employers front discharging workmen for joining labor organi zations. and even from making it a condition of employment that they should not belong to such organizations. Finally, at least two States and many local legislative bodies have enacted laws providing, directly or indirectly. that cer tain public work—usually printing—shall be per formed only by union labor. Within recent years the legal status of trade unions has been seri ously affected, at least in theory, by the so-called antitrust acts passed by Congress and many State legislatures, making contracts or combi nations in restraint of trade or commerce illegal.
The Federal statute, which is concerned, of course, only with inter-State trade and commerce, has been held to apply to a labor organization of draymeu and longshoremen (U. S. v. Working men's Amalgamated Council, 54 F. R., 994); and the same interpretation will probably be given to the State statutes save where they are specifically labor organizations. Little or no attempt has been made to dissolve unions or punish their officers under anti-trust statutes, but where these laws apply the legality of the most reputable unions is seriously threatened.