this species of injunction, and Governor Woodrow Wilson has
accused our federal courts of "elaborating a theory of conspiracy
destined to bring 'the sympathetic strike' and what is termed 'the
secondary boycott' under legal condemnation."
Such reforms are not as radical as might appear to Americans, for the
boycott is legal in Germany, while the crime of "conspiracy" was
repealed in Great Britain in 1875, and the rights of strikers were
further protected in that country by the repeal of the Taff Vale
decision against picketing a few years ago, and yet unions are in no
very strong position there. And weak as they are, the talk of compulsory
arbitration is growing, and it seems only question of time until some
modification of it is adopted. And, though the abuse of injunctions and
the other forms of anti-union laws and decisions now prevailing will
probably be done away with in this country, there is little doubt that
here also employers will use some great coal or railroad strike as a
pretext for enacting a compulsory arbitration law.[73]
Similarly, as governments continue to take on new industrial functions,
great importance is attached to the right of government employees, now
denied, to organize and to join unions. Senator La Follette and other
progressives also champion this right against President Taft, and will
doubtless win their fight, but, as I shall show later a right to
organize does not mean a right to strike--and there seems no probability
that any government will fail to answer the effort to strike on any
very large scale either by punishment for conspiracy against the State
or by excluding the strikers permanently from government employment.
They will doubtless be offered, as in France, instead of the right to
strike, the right to submit their grievances as a body, if they wish it,
to some government board (see Part III, Chapter VI).
The Australasian labor leaders were the first and are still the chief
advocates of compulsory arbitration among the unionists, and if they
find it used against them they have nobody but themselves to blame. That
Labor is disappointed in the result in those countries is shown by the
fact that of late years, both in Australia and New Zealand, the most
important strikes have been settled outside of the compulsory
arbitration acts, and Mr. Clark states that he is unaware of any
important exception.
But that the workers in Australia still hope to use this legislation for
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