Commonwealth v Hunt
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''Commonwealth v. Hunt'', 45 Mass. 111 (1842) was a case in the
Massachusetts Supreme Judicial Court The Massachusetts Supreme Judicial Court (SJC) is the court of last resort, highest court in the Commonwealth (U.S. state), Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the di ...
on the subject of
labor union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
s. Prior to ''Hunt'' the legality of labor combinations in America was uncertain. In March 1842, Chief Justice
Lemuel Shaw Lemuel Shaw (January 9, 1781 – March 30, 1861) was an American jurist who served as chief justice of the Massachusetts Supreme Judicial Court (1830–1860). Prior to his appointment he also served for several years in the Massachusetts House ...
ruled that labor combinations were legal provided that they were organized for a legal purpose and used legal means to achieve their goals.


Labor combination laws before ''Hunt''

The history of labor disputes in America substantially precedes the Revolutionary period. In 1636, for instance, there was a fishermen's strike on an island off the coast of
Maine Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...
, and in 1677 twelve carmen were fined for going on strike in
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. However, most instances of labor unrest during the colonial period were temporary and isolated, and rarely resulted in the formation of permanent groups of laborers for negotiation purposes. Little legal recourse was available to those injured by the unrest because strikes were not typically considered illegal. The only known case of a criminal prosecution of workers in the colonial era occurred as a result of a carpenters' strike in
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in 1746. By the beginning of the 19th-century, after the revolution, little had changed. The career path for most
artisans An artisan (from french: artisan, it, artigiano) is a skilled craft worker who makes or creates material objects partly or entirely by hand. These objects may be functional or strictly decorative, for example furniture, decorative art, s ...
still involved
apprenticeship Apprenticeship is a system for training a new generation of practitioners of a Tradesman, trade or profession with on-the-job training and often some accompanying study (classroom work and reading). Apprenticeships can also enable practitioners ...
under a master, followed by a move into independent production. However, over the course of the
Industrial Revolution The Industrial Revolution was the transition to new manufacturing processes in Great Britain, continental Europe, and the United States, that occurred during the period from around 1760 to about 1820–1840. This transition included going f ...
, this model rapidly changed, particularly in the major metropolitan areas. For instance, in
Boston Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...
in 1790, the vast majority of the 1,300 artisans in the city described themselves as "master workman". By 1815, journeymen workers without independent means of production had displaced these "masters" as the majority. By that time journeymen also outnumbered masters in
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
and
Philadelphia Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...
. This shift occurred as a result of large-scale transatlantic and rural-urban migration. Migration into the coastal cities created a larger population of potential laborers, which in turn allowed controllers of capital to invest in labor-intensive enterprises on a larger scale. Craft workers found that these changes launched them into competition with each other to a degree that they had not experienced previously, which limited their opportunities and created substantial risks of downward mobility that had not existed prior to that time. These conditions led to the first
labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
combination cases in
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. Over the first half of the 19th century, there were twenty-three known cases of
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and
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for criminal conspiracy, taking place in six states:
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
,
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
,
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,
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,
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
and
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
. The central question in these cases was invariably whether workmen in combination would be permitted to use their
collective bargaining Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The i ...
power to obtain benefits—increased
wages A wage is payment made by an employer to an employee for work done in a specific period of time. Some examples of wage payments include compensatory payments such as ''minimum wage'', ''prevailing wage'', and ''yearly bonuses,'' and remuner ...
, decreased hours, or improved conditions—which were beyond their ability to obtain as individuals. The cases overwhelmingly resulted in convictions. However, in most instances the plaintiffs' desire was to establish favorable
precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
, not to impose harsh penalties, and the fines were typically modest. One of the central themes of the cases prior to the landmark decision in ''Commonwealth vs. Hunt'' was the applicability of the English
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
in post-revolutionary America. Whether the English common law applied—and in particular whether the common law notion that a conspiracy to raise wages was illegal applied—was frequently the subject of debate between the defense and the prosecution. For instance, in '' Commonwealth v. Pullis'', a case in 1806 against a combination of journeymen cordwainers in Philadelphia for conspiring to raise their wages, the defense attorneys referred to the common law as arbitrary and unknowable and instead praised the
legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
as the embodiment of the democratic promise of the revolution. In ruling that a combination to raise wages was ''per se'' illegal, Recorder Moses Levy strongly disagreed, writing that " e acts of the legislature form but a small part of that code from which the citizen is to learn his duties... is in the volumes of the common law we are to seek for information in the far greater number, as well as the most important causes that come before our tribunals." As a result of the spate of convictions against combinations of laborers, the typical
narrative A narrative, story, or tale is any account of a series of related events or experiences, whether nonfictional (memoir, biography, news report, documentary, travel literature, travelogue, etc.) or fictional (fairy tale, fable, legend, thriller (ge ...
of early American labor law states that, prior to ''Hunt'' in Massachusetts in 1842, peaceable combinations of workingmen to raise wages, shorten hours or ensure employment were illegal in the United States, as they had been under English common law. In
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
, criminal conspiracy laws were first held to include combinations in restraint of trade in the Court of the
Star Chamber The Star Chamber (Latin: ''Camera stellata'') was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Counsellors and common-law judges, to supplement the judic ...
early in the 17th Century. The precedent was solidified in 1721 by '' The King v. Journeymen Tailors of Cambridge'', which found
tailors A tailor is a person who makes or alters clothing, particularly in men's clothing. The Oxford English Dictionary dates the term to the thirteenth century. History Although clothing construction goes back to prehistory, there is evidence of ...
guilty of a conspiracy to raise wages.
Leonard Levy Leonard Williams Levy (April 9, 1923 – August 24, 2006) was an American historian, the Andrew W. Mellon All-Claremont Professor of Humanities and chairman of the Graduate Faculty of History at Claremont Graduate School, California, who speciali ...
went so far as to refer to ''Hunt'' as the "
Magna Carta (Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the ...
of American trade-unionism," illustrating its perceived standing as the major point of divergence in the American and English legal treatment of unions which, "removed the stigma of criminality from labor organizations." However, Levy's statement incorrectly characterizes the case law in American prior to ''Hunt''. ''Pullis'' was actually unusual in strictly following the English
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
and holding that a combination to raise
wages A wage is payment made by an employer to an employee for work done in a specific period of time. Some examples of wage payments include compensatory payments such as ''minimum wage'', ''prevailing wage'', and ''yearly bonuses,'' and remuner ...
was by itself illegal. More often combination cases prior to ''Hunt'' did not hold that unions were
illegal Illegal, or unlawful, typically describes something that is explicitly prohibited by law, or is otherwise forbidden by a state or other governing body. Illegal may also refer to: Law * Violation of law * Crime, the practice of breaking the ...
''per se'', but rather found some other justification for a
conviction In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is consid ...
. After ''Pullis'' in 1806, eighteen other prosecutions of laborers for conspiracies followed within the next three decades. However, only one such case, ''People v. Fisher'', also held that a combination for the purpose of raising wages was
illegal Illegal, or unlawful, typically describes something that is explicitly prohibited by law, or is otherwise forbidden by a state or other governing body. Illegal may also refer to: Law * Violation of law * Crime, the practice of breaking the ...
. Several other cases held that the methods used by the unions, rather than the unions themselves, were
illegal Illegal, or unlawful, typically describes something that is explicitly prohibited by law, or is otherwise forbidden by a state or other governing body. Illegal may also refer to: Law * Violation of law * Crime, the practice of breaking the ...
. For instance, in ''People v. Melvin'', cordwainers were again convicted of a
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...
to raise
wages A wage is payment made by an employer to an employee for work done in a specific period of time. Some examples of wage payments include compensatory payments such as ''minimum wage'', ''prevailing wage'', and ''yearly bonuses,'' and remuner ...
. Unlike in ''Pullis'', however, the court held that the combination's existence itself was not unlawful, but nevertheless reached a conviction because the cordwainers had refused to work for any master who paid lower wages, or with any laborer who accepted lower wages, than what the combination had stipulated. The
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
held that methods used to obtain higher wages would be unlawful if they were judged to be deleterious to the general welfare of the
community A community is a social unit (a group of living things) with commonality such as place, norms, religion, values, customs, or identity. Communities may share a sense of place situated in a given geographical area (e.g. a country, village, tow ...
. ''Commonwealth v. Morrow'' continued to refine this standard, stating that, "an agreement of two or more to the
prejudice Prejudice can be an affective feeling towards a person based on their perceived group membership. The word is often used to refer to a preconceived (usually unfavourable) evaluation or classification of another person based on that person's per ...
of the rights of others or of society" would be illegal. Another line of cases, led by Justice John Gibson of the Supreme Court of Pennsylvania's decision in ''Commonwealth v. Carlisle'', held that the
motive Motive(s) or The Motive(s) may refer to: * Motive (law) Film and television * ''Motives'' (film), a 2004 thriller * ''The Motive'' (film), 2017 * ''Motive'' (TV series), a 2013 Canadian TV series * ''The Motive'' (TV series), a 2020 Israeli T ...
of the combination, rather than simply its existence, was the key to illegality. Gibson wrote, "Where the act is lawful for an individual, it can be the subject of a conspiracy, when done in concert, only where there is a direct intention that injury shall result from it." Still other courts rejected ''Pullis rule of ''per se'' illegality in favor of a
rule Rule or ruling may refer to: Education * Royal University of Law and Economics (RULE), a university in Cambodia Human activity * The exercise of political or personal control by someone with authority or power * Business rule, a rule perta ...
that asked whether the combination was a but-for cause of
injury An injury is any physiological damage to living tissue caused by immediate physical stress. An injury can occur intentionally or unintentionally and may be caused by blunt trauma, penetrating trauma, burning, toxic exposure, asphyxiation, o ...
. Thus, as
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Edwin Witte Edwin Emil Witte (January 4, 1887 – May 20, 1960) was an economist who focused on social insurance issues for the state of Wisconsin and for the Committee on Economic Security. While the executive director of the President's Committee on Econo ...
stated, " e doctrine that a combination to raise wages is illegal was allowed to die by common consent. No leading case was required for its overthrow." Nevertheless, while ''Hunt'' was not the first case to hold that labor combinations were legal, it was the first to do so explicitly and in clear terms.


Background

Members of the Boston Journeymen Bootmaker's Society, founded in 1835 and local to
Boston Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...
, worked exclusively on high-quality
boots A boot is a type of footwear. Boot or Boots may also refer to: Businesses * Boot Inn, Chester, Cheshire, England * Boots (company), a high-street pharmacy chain and manufacturer of pharmaceuticals in the United Kingdom * The Boot, Cromer Stre ...
. In 1835, in response to rampant
inflation In economics, inflation is an increase in the general price level of goods and services in an economy. When the general price level rises, each unit of currency buys fewer goods and services; consequently, inflation corresponds to a reductio ...
caused by
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
's destruction of the Bank of the United States, the society raised their pay, by means of striking, to $1.75 per pair of boots produced. In 1836, they staged another
strike Strike may refer to: People *Strike (surname) Physical confrontation or removal *Strike (attack), attack with an inanimate object or a part of the human body intended to cause harm *Airstrike, military strike by air forces on either a suspected ...
, this time successfully raising their pay to $2.00 per pair. Their rates remained the same in 1840, when the incidents giving rise to ''Hunt'' occurred. However, by that time increases in the quality of the boots being produced prevented the bootmakers from producing pairs as quickly, essentially lowering their hourly rate in the midst of a severe economic downturn triggered by the
Panic of 1837 The Panic of 1837 was a financial crisis in the United States that touched off a major depression, which lasted until the mid-1840s. Profits, prices, and wages went down, westward expansion was stalled, unemployment went up, and pessimism abound ...
. One journeyman bootworker, Jeremiah Horne, was in a dispute with the Society. Horne began to have disagreements with the Society when he agreed to do extra work on a pair of boots without charging for the extra labor. The Society imposed a
fine Fine may refer to: Characters * Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny'' * Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano Legal terms * Fine (penalty), money to be paid as punishment for an offe ...
on Horne, which he refused to pay. Ultimately the fine was forgiven when Horne's master, Isaac Wait, agreed to pay Horne for the work at the Society-fixed rate. Horne nevertheless continued to breach the Society's rules, and soon had incurred another $7 in fees. The Society demanded that he pay. When Horne refused, the Society threatened a walkout of Wait's shop and Wait fired him. Horne responded by entering a
complaint In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party ...
with the Suffolk County Attorney, Samuel D. Parker, and by sending his cousin, Dennis, who was also a member of the Society, to try to reach a
settlement Settlement may refer to: *Human settlement, a community where people live *Settlement (structural), the distortion or disruption of parts of a building *Closing (real estate), the final step in executing a real estate transaction *Settlement (fina ...
with them. Dennis attended a Society meeting in early October 1840, but was ridiculed and stormed out. A few days later, on October 8, an
indictment An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...
was entered charging that the Society was a criminal
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...
to impoverish employers and non-union laborers. Seven members of the Society were named as defendants. Although there was no
evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...
that the Society planned to
strike Strike may refer to: People *Strike (surname) Physical confrontation or removal *Strike (attack), attack with an inanimate object or a part of the human body intended to cause harm *Airstrike, military strike by air forces on either a suspected ...
or that there was any large-scale disagreement between employers and the Society, Parker decided to take the case. The trial began on October 14 and ended on October 22.


Judgment


Trial court

At trial, the prosecution, led by Parker, focused on proving that the Society was coercive. Wait, Horne's master, testified, "He did not feel at liberty to employ any but society men", because he, "would not wish to lose five or six good workmen for the sake of one." However, he also testified he had not been oppressed and that he had benefited from the Society's existence. Parker tried to call Horne himself to testify, but the defense successfully prevented his testimony from being heard on the ground that he was an
atheist Atheism, in the broadest sense, is an absence of belief in the existence of deities. Less broadly, atheism is a rejection of the belief that any deities exist. In an even narrower sense, atheism is specifically the position that there no ...
. The prosecution, however, was able to directly ask several masters, over the defense's objection, whether the Society was coercive. Some said yes. The Society hired Robert Rantoul, Jr. to represent them. Rantoul's defense focused on establishing the benefits of the Society. He called witnesses who testified the wages stipulated by the Society were reasonable and non-members were also able to attain wages at the same rate. Non-workers were only prevented from working at a handful of the larger shops. Rantoul also called representatives from other professional organizations, such as the Boston Medical Association and the Boston Bar, of which the Judge, the
District Attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
, the
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
,
Daniel Webster Daniel Webster (January 18, 1782 – October 24, 1852) was an American lawyer and statesman who represented New Hampshire and Massachusetts in the U.S. Congress and served as the U.S. Secretary of State under Presidents William Henry Harrison, ...
and the Chief Justice of the Massachusetts Supreme Court,
Lemuel Shaw Lemuel Shaw (January 9, 1781 – March 30, 1861) was an American jurist who served as chief justice of the Massachusetts Supreme Judicial Court (1830–1860). Prior to his appointment he also served for several years in the Massachusetts House ...
, were all members. Rantoul also solicited testimony that the Bar Association fixed minimum fees for which its members could receive and forbade members from advising or consulting any non-member attorney. He hoped to show the jury that professional organizations such the Bootmaker's Society were not uncommon in
Boston Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...
. Rantoul also argued there was no law in
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
against a conspiracy in
restraint of trade Restraints of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. It is a precursor of modern competition law. In an old leading case of '' Mitchel v Reynolds'' (1711) Lord S ...
. (At that time in
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
, juries still served as triers of both law and fact). Rantoul told the jury, "We have not adopted the whole mass of the common law of England. ..Law against acts done in restraint of trade belong to that portion of the law of England which we have not adopted." Rantoul argued, as the conspiracy itself was not unlawful, the question was whether the defendants had injured anyone through an illegal act. He stated, "We contend they have a perfect right to form a society for their mutual interest and improvement. ..To substantiate these charges ..they must prove actual force, fraud and nuisance." Rantoul's emphasis on the requirement of injury recalled Gibson's opinion in ''Carlisle'' twenty years earlier, and drew from the entire line of cases opposing ''Pullis'' and ''Fisher''. Rantoul's efforts, however, were greatly undermined by Judge Thacher's emotional charge to the jury. Thacher told the jury that if societies such as the Bootmaker's Society were justified by the law and became common, it would "render property insecure, and make it the spoil of the multitude, would annihilate property, and involve society in a common ruin." Thacher also specifically rebutted Rantoul with regard to the
status Status (Latin plural: ''statūs''), is a state, condition, or situation, and may refer to: * Status (law) ** City status ** Legal status, in law ** Political status, in international law ** Small entity status, in patent law ** Status conference ...
of the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
, stating that "conspiracy is an offence at common law, as adopted in Massachusetts, and by this decision and that of this court you must abide." Levy wrote that Thacher's charge, "practically directed a verdict of guilty." After Thacher gave his instructions the jury returned a conviction against all seven defendants. Rantoul appealed the case to the
Supreme Judicial Court of Massachusetts The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functi ...
.


State Supreme Court

Chief Justice Lemuel Shaw held the union's actions were not unlawful, because the objects of the union and the action taken of threatening to stop work to prevent Horne's continued employment, were not unlawful in the law of Massachusetts. This contrasted with the laws in England in 1721, in '' R v Journeymen Tailors of Cambridge''. The union could exercise "a power which might be exerted for useful and honorable purposes, or for dangerous and pernicious ones." But only if an independently unlawful act could be found, which was clearly laid down in the law, could a combination of people to do the same thing also be unlawful. He pointed out that competition among businesses were often treated the same, and so the economic loss to the employer or Horne could not count as actionable damage. The workers were "free to work for whom the please, or not to work, if they so prefer.... We cannot perceive that it is criminal for men to agree together to exercise their own acknowledged rights, in such a manner as best to subserve their own interests." Shaw CJ's judgment went as follows.


Significance

Shaw's landmark opinion in favor of labor was incongruous with his politics and other jurisprudence. Shaw wrote his opinion in ''Hunt'' just one week after he decided another landmark
labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
case, '' Farwell v. Boston & Worcester R.R. Corp''. In that case, Shaw upheld the fellow-servant rule by deciding that a railroad company could not be held
liable In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencie ...
when a mistake by an employee operating a
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switch caused an
injury An injury is any physiological damage to living tissue caused by immediate physical stress. An injury can occur intentionally or unintentionally and may be caused by blunt trauma, penetrating trauma, burning, toxic exposure, asphyxiation, o ...
to another
employee Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other ...
. As the outcome in ''Farwell'' would suggest, Shaw was not ordinarily considered a friend of
labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
.
Walter Nelles Walter Nelles (1883–1937) was an American lawyer and law professor. Nelles is best remembered as the co-founder and first chief legal counsel of the National Civil Liberties Bureau and its successor, the American Civil Liberties Union. In this ...
wrote that, "The constituency to which
haw Haw or HAW may refer to: Fruit * many species of hawthorn (''Crataegus'') ** Haw flakes, Chinese sweets made from the fruit of the Chinese hawthorn, ''Crataegus pinnatifida'' * several species of ''Viburnum'', including: ** '' Viburnum rufidulu ...
was keenest comprised State Street and Beacon Hill, the bankers, the textile manufacturers, the railway builders." Nelles theorized that Shaw was more concerned with
tariff A tariff is a tax imposed by the government of a country or by a supranational union on imports or exports of goods. Besides being a source of revenue for the government, import duties can also be a form of regulation of foreign trade and poli ...
protection than with
labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
concerns, and that his decision in ''Hunt'' was a product of strategic consideration. Nelles notes that in 1842, in the middle of a depression,
labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
unrest in the
textile Textile is an umbrella term that includes various fiber-based materials, including fibers, yarns, filaments, threads, different fabric types, etc. At first, the word "textiles" only referred to woven fabrics. However, weaving is not the ...
mills that drove much of Boston's
economy An economy is an area of the production, distribution and trade, as well as consumption of goods and services. In general, it is defined as a social domain that emphasize the practices, discourses, and material expressions associated with the ...
was very unlikely. However, Whigs like Shaw may have been concerned that agitating the working class would help bring the Democratic party to power in the election of 1844. Whigs worried that the Democrats would abolish the
tariffs A tariff is a tax imposed by the government of a country or by a supranational union on imports or exports of goods. Besides being a source of revenue for the government, import duties can also be a form of regulation of foreign trade and polic ...
protecting the weakened
textile Textile is an umbrella term that includes various fiber-based materials, including fibers, yarns, filaments, threads, different fabric types, etc. At first, the word "textiles" only referred to woven fabrics. However, weaving is not the ...
industry Industry may refer to: Economics * Industry (economics), a generally categorized branch of economic activity * Industry (manufacturing), a specific branch of economic activity, typically in factories with machinery * The wider industrial sector ...
. Shaw's decision in ''Hunt'', therefore, may have been motivated by a desire to placate Boston's working class. Whatever Shaw's motivation, his opinion in ''Hunt'' provided a clear statement that
labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
combinations which used legal means to achieve legal ends were lawful. The degree of ''Hunt's'' impact is a matter of some debate. Levy notes that in the forty years after ''Hunt'' was decided, the case served as the authoritative statement of the law on
labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
combinations. However, as favorable as ''Hunt'' was for
labor unions A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
, its holding still left the door open for courts to convict strikers by declaring certain
labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
activity
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
, or by holding the purpose of a
strike Strike may refer to: People *Strike (surname) Physical confrontation or removal *Strike (attack), attack with an inanimate object or a part of the human body intended to cause harm *Airstrike, military strike by air forces on either a suspected ...
to be an unlawful interference with
private Private or privates may refer to: Music * " In Private", by Dusty Springfield from the 1990 album ''Reputation'' * Private (band), a Denmark-based band * "Private" (Ryōko Hirosue song), from the 1999 album ''Private'', written and also recorde ...
enterprise Enterprise (or the archaic spelling Enterprize) may refer to: Business and economics Brands and enterprises * Enterprise GP Holdings, an energy holding company * Enterprise plc, a UK civil engineering and maintenance company * Enterprise ...
. Also, Witte notes that there were limited opportunities to apply ''Hunt'' until the end of the
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
. Witte was able to find only three conspiracy cases brought anywhere in the United States between 1842 and 1863. However, between 1863 and 1880 the pace of
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...
indictments An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an ...
picked up again. At least fifteen cases were brought during that time. Despite ''Hunt's'' softening of the
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...
doctrine Doctrine (from la, doctrina, meaning "teaching, instruction") is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief system ...
, convictions were still obtained and harsh
sentences ''The Four Books of Sentences'' (''Libri Quattuor Sententiarum'') is a book of theology written by Peter Lombard in the 12th century. It is a systematic compilation of theology, written around 1150; it derives its name from the ''sententiae'' o ...
imposed. For instance, in 1869, members of a mine committee in
Pottsville, Pennsylvania Pottsville is the county seat of Schuylkill County, Pennsylvania, United States. The population was 13,346 at the 2020 census, and is the principal city of the Pottsville, PA Micropolitan Statistical Area. The city lies along the west bank of th ...
were found guilty of
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...
, sentenced to jail for thirty days and heavily fined. Prosecutions in this period led to
labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
efforts to gain
relief Relief is a sculptural method in which the sculpted pieces are bonded to a solid background of the same material. The term ''relief'' is from the Latin verb ''relevo'', to raise. To create a sculpture in relief is to give the impression that the ...
through
legislation Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law i ...
. In 1869,
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
passed a statute declaring labor unions legal if formed for "mutual aid, benefit, and protection" and when convictions continued to be obtained, passed another law in 1872 providing that laborers could collectively refuse to work for any
employer Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any othe ...
.Witte, 830 The need for such legislation suggests that ''Hunt'', while beneficial for
labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
, was hardly a guarantee that workers would be able to organize without fear of legal repercussion.


See also

*
US labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...
*
UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
* ''
Mogul Steamship Co Ltd v McGregor, Gow & Co ''Mogul Steamship Co Ltd v McGregor, Gow & Co'' 892AC 25 is an English tort law case concerning the economic tort of conspiracy to injure. A product of its time, the courts adhered to a ''laissez faire'' doctrine allowing firms to form a cartel ...
''
892 Year 892 ( DCCCXCII) was a leap year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Poppo II, duke of Thuringia (Central Germany), is deposed by King Arnul ...
AC 25 * '' Farwell v. Boston & W.R. Corp.'', 45 Mass. 49 (1842)


Notes


References

* * * * * * * *


External links


Full text of judgment
{{DEFAULTSORT:Hunt, Commonwealth v. 1842 in United States case law Massachusetts state case law United States labor case law 1842 in Massachusetts Trade union case law Shoemaking