Now it was recognized that trade unions are
_per se_ lawful organizations and, though men may band themselves
together to effect a criminal object under the disguise of a trade
union, such a purpose is not to be assumed without positive evidence. On
the contrary, the court said that "when an association is formed for
purposes actually innocent, and afterwards its powers are abused by
those who have the control and management of it to purposes of
oppression and injustice, it will be criminal in those who misuse it, or
give consent thereto, but not in other members of the association." This
doctrine that workingmen may lawfully organize trade unions has since
Commonwealth _v._ Hunt been adopted in nearly every case.
The other doctrine which Justice Shaw advanced in this case has been
less generally accepted. It was that the members of a union may procure
the discharge of non-members through strikes for this purpose against
their employers. This is the essence of the question of the closed shop;
and Commonwealth _v._ Hunt goes the full length of regarding strikes for
the closed shop as legal.
Pages:
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228