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out the country were requested to call on customers; organizers were routed; and boycott advertisements appeared in labor journals. The boycott had its effect. The net damage during the next year or two was placed at about $80,000.
Suit was brought in the United States Circuit Court in Hartford, Conn., August 31, 1903, on the ground of violation of the Sherman anti-trust law. In 1907, Judge James P. Platt of the Circuit Court asked the United States Supreme Court for ruling on section 7 of the Sherman act. This ruling was given by Justice Fuller on February 3, 1908, the boycott by trade unions being brought, to the astonishment of many, within the purview of the act. To the argument that the statute was not meant to apply to labor unions, the court at that time declared that "the records of Congress show that several efforts were made to exempt by legislation organizations of . . . laborers from the operation of the act, and that- all efforts failed."
Nor did it suffice labor to declare that the framers had given assurances that the act was not aimed at labor unions; that large majorities of the House and Senate had at different times approved of the exemption clause and that Senator Hoar, who claimed to be the real father of the bill, some ten years later had asserted, on the floor of Congress, that, when. he proposed the law, he had no intention of bringing it to bear against labor unions.
On October 13, 1909, the case was brought to trial, which lasted five months. In charging the jury, Judge Platt overstepped his authority, and declared that the question of damages was "the only question with which they could properly concern themselves." The damages assessed amounted to $232,240.
The case was appealed, however. on a writ of error, to the Circuit Court of Appeals of the Second District, and on April 10, 1911, the judgment was reversed, and greater proof of the acquiescence of members in the illegal acts of the organization was demanded. A retrial followed and on October 11, 1912, the verdict for the $252,130 judgment was rendered. The jury took the position that the minutes, resolutions, reports, proclamations and printed discussions which the officers and agents of the association publicly proclaimed and circulated among the membership were approved or warranted by the individual members of the association. The Circuit Court of Appeals affirmed the judgment in December, 1913. The Supreme Court of the United States affirmed the decision, January 5, 1915.
Definition: An agreement of employers to refuse employment to certain workmen obnoxious to them, generally on account of their activities in behalf of labor.
The blacklist is a weapon used by employers corresponding to the boycott used by labor. Contrary to the boycott, however, the blacklist is generally most effective when its use is secret. Laws have been passed against the blacklist in twenty-six states as follows: Connecticut in New England; Alabama, Florida, Mississippi, No. Carolina and Virginia in the South; Arizona, Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Minnesota, Missouri, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Texas, Utah and Wisconsin in the West; and California, Oregon and Washington on the Pacific Coast.
In many other states blacklisting may be reached by laws under the title of "Discharge, Statement of Cause of," "Interference with Employment," etc.
A writ of injunction has been described as a judicial process, whereby a party is required to do, or refrain from doing a particular thing.
Injunctions are classified as preliminary and permanent injunctions. The former, the more common, is sometimes called the remedial writ of injunction. It is provisional, its sole object being to preserve the subject in controversy in its then condition without determining any question of right.
A restraining order differs from a temporary injunction in that it remains effective only until an application for an injunction can be heard, while the temporary injunction is effective until the trial of the action in which it is issued.
Injunctions are also defined as mandatory or preventive according as they command a defendant to do or not to do a certain act or acts. Mandatory injunctions are permitted in cases of extreme necessity and hardship when complainant's right is clear.
For further information about the boycott see "Boycotts and the Labor Struggle," by Harry W. Laidler, Ph.D., N. Y.: John Lane Co. and "Boycotts in American Trade Unions," by Leo Wolman, Ph.D., Baltimore: Johns Hopkins Press.
THE SOCIALIST MOVEMENT IN THE UNITED STATES
I. HISTORICAL SKETCH OF THE SOCIALIST PARTY AND THE SOCIALIST LABOR PARTY.
Before the Civil War the word Socialism was known in the United States only in connection with a number of Utopian experiments, interesting, and to some extent successful, but not to be included in a sketch of American Socialist parties.
The Civil War marked the end of the pioneer period. Almost immediately the labor unions, existing before this time merely as local or temporary organizations, began to deal with permanent issues, to band themselves together into national federations, and at times to engage in political activity. In 1872 the headquarters of the "International" were transferred to New York, but the organization survived only four years longer. It was in 1874 that various working class elements, including refugee German Marxists and revolutionary American laborers, came together to form an organization which soon became known as the Socialist Labor Party.
For some years the party struggled under great disadvantages. Political activity was sometimes discouraged altogether, and sometimes attempted in temporary alliance with a larger radical group,-the Greenback Party in 1880 and the United Labor Party in New York in 1886.
An important crisis occurred in the early eighties when Anarchism, long ago driven from the International in the person of Bakunin, threatened to win to its propaganda the entire American movement. A new organization, the International Working People's Association, made serious inroads upon the membership of the S. L. P. and a large element in the Socialist ranks was openly desirous of affiliation. In 1883, however, the situation was faced, and the policy of Anarchism definitely repudiated by the party.
Their relation to the labor unions has always presented a serious problem to the American Socialist parties. By 1886 the Knights of Labor had become powerful, and by 1890 the American Federation of Labor had already begun to overshadow the older body. By this time the S. L. P. had come under the headship of Daniel De Leon, who continued as leader until his death in 1914. Although on friendly terms at the outset with both the Knights and the Federation,
De Leon soon became involved in quarrels which brought the party as a whole in antagonism to each of these national bodies. By the creation of the Socialist Trades and Labor Alliance in 1895, a labor federation under the direct control of the party, a final breach was made, and the Socialist Labor Party remains still opposed to all non-Socialist unions.
During this period insurgency was rapidly developing within the party, and a process of purification" was resorted to from time to time, by which heretics and insubordinates were expelled. A revolt arose, led by the New Yorker Volkszeitung in opposition to De Leon and his paper, The People, then, as now, the official organ of the S. L. P. In 1899 the break proved final, and the seceding members proceeded to form a new organization at Rochester.
Meanwhile Socialism was beginning to emerge in the West, in forms growing directly out of American conditions. Eugene V. Debs, whose imprisonment in connection with the strike of the American kailway Union had made him a Socialist, had gathered together a vaguely Socialist organization, and another group, centering around two Socialist publications, The Coming Nation and The Appeal to Reason, had in 1897 united with these followers of Debs to form the Social Democracy of America. As the majority of the new party, however, inclined more to Utopian schemes of colonization than to political action, a split took place almost immediately, and Eugene V. Debs and Victor Berger, leader of the Social Democracy in Wisconsin, bolted to found still another organization, the Social Democratic Party of America. It was to the last-named group that the Rochester wing of the S. L. P. made its overtures for union in 1899.
Negotiations were at first fraught with much difficulty owing to the mutual distrust of the Eastern and Western sections. For a time the confusion grew still worse and the presidential election of 1900 saw three Socialist parties in the field in New York in addition to the old Socialist Labor Party. For the purposes of the election, however, the three parties adopted a combination ticket; after a campaign of work together all distrust disappeared, and all with the exception of De Leon's wing of the S. L. P. united in 1901 to form what presently received the title of the Socialist Party.
The chief details regarding the subsequent history of both parties are given under the sections that follow. The Socialist Labor Party continued to decline in vote from 82,204 in 1898 to 14,021 in 1908, rising in 1912 to 34,115 but falling by 1914 to 21,827. The Socialist Party, on the contrary, rose steadily from 96,931 in 1900 to 901,062 in 1912, falling to 874,691 in 1914. The Socialist Labor Party continued under the leadership of Daniel De Leon until his
death in 1914. The candidates for President and VicePresident of the United States in 1916 are Arthur E. Reimer and Caleb Harrison. At the present date (1916), committees have been appointed by the two parties to consider a form of union.
The Socialist Party has gradually become entrusted with political power. In 1902-3 Socialist mayors were elected in Haverhill and Brockton, Mass., with two legislators. Other successes at this time were only sporadic except in Wisconsin, where a strong political organization had existed for some time, with representatives in the state legislature and the Milwaukee city council. The first real Socialist victory came in 1910, with the winning of the city of Milwaukee and the election of Victor Berger as the first Socialist Congressman. In 1911 the cities of Berkeley, Cal., Butte, Montana, and Schenectady, N. Y., came under Socialist administrations. Of these four cities Butte re-elected Mayor Duncan, and Milwaukee and Schenectady have both gone back to the Socialist rule (1916) after an interval of the old parties. In 1914 there were thirty Socialist legislators in 12 different states, with one congressman.
Aside from the accomplishments on the political field, and the international situation arising from the European War, the relation of the Socialist parties to the labor unions has been the most significant development of American Socialism in recent years. An outline of these relations is here given, but the reader is directed to other sections of the Year Book for exhaustive treatment.
In 1905 the Industrial Workers of the World was founded, committed to the principles of industrial unionism and the class struggle. The support of Eugene V. Debs was secured and even that of De Leon, who saw in the I. W. W. an opportunity to redeem the failure of the S. T. and L. A. For a time the new organization grew vigorously but this success was transient. In 1906 Debs resigned and the powerful Western Federation of Miners withdrew, and it was not long before De Leon quarreled with the leaders and was expelled. However, the principle of industrial unionism became more and more popular among Socialists, antagonism to the A. F. of L., as representing craft unionism, increased among the more revolutionary of the party, and in 1912 the I. W. W. again became prominent as a result of several hard fought strikes.
In the Socialist Convention of 1912 the industrialist issue was conspicuous, and serious controversy was threatened. Concessions were made on both sides, however. The principles of industrial unionism were endorsed without giving official support to any special organization; and on the