Page:American Journal of Sociology Volume 9.djvu/804

 774 THE AMERICAN JOURNAL OF SOCIOLOGY

and you will find that their defense of the above-named practices is more Spencerian than Mr. Spencer's "Justice." Students of the "new unionism" will appreciate the theoretical significance and practical importance of the phenomenon.

Whatever one's personal conviction may be as regards these vital questions, he cannot hope to influence either capital or labor unless he possesses a thorough knowledge of the position to be combated.

To observe proper sequence, we must begin with the strike. This need not detain us, since the courts and the employers rec- ognize without reservation the right of any man, and of any number of men acting either severally or in concert, to quit their employment for any reason whatever, or without any reason at all. The correlative right of the employer to "lock out" his men is equally clear and indisputable. A few years ago, it is true, organized labor procured certain statutes prohibiting employers from discharging men on account of their member- ship or intended membership in a trade union ; but these acts have been invalidated on constitutional grounds, and labor no longer seeks this sort of class legislation.

The right to strike so the radical labor argument runs- implies the right to threaten a strike. It would be manifestly illogical to assert that we may not announce an intention to com- mit a lawful act. The word "threat" is an unpleasant one, and the use of it in judicial opinions occasionally reveals confusion of thought. A little reflection will satisfy any thinking person that it cannot be wrong to threaten that which we may proceed to execute. The greater includes the less.

Again, any man has the right to advise and persuade another man to do anything which he may lawfully do. If A may strike, B may advise him to strike. An injunction to restrain the offi- cers of a labor organization from declaring a strike was issued by a federal court some months ago, but it was promptly dissolved by the same court, and the opinion justifying this action was decidedly favorable to labor's view of the issue.

Suppose now that a strike has occurred in a given industry, and that the employer or employees refuse to yield. What then ?