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BillNahillWikiProject 5 - 17 Nov 2012 - Main.WilliamNahill
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19th Century Labor Law: Commonwealth v. Hunt, Its Precedents, and Its Progeny | | | Hunt's Impact | |
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> | 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 was served as the authoritative statement of the law on labor combinations. However, as favorable as Hunt was for labor unions, its holding still left the door open for courts to convict strikers by declaring certain labor activity criminal, or by holding the purpose of a strike to be an unlawful interference with private enterprise. Also, Witte notes that there were limited opportunities to apply Hunt until the end of the Civil War. 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 indictments picked up again. At least fifteen cases were brought during that time. Despite Hunt’s softening of the conspiracy doctrine, convictions were still obtained and harsh sentences imposed. For instance, in 1869, members of a mine committee in Pottsville, Pennsylvania were found guilty of conspiracy, sentenced to jail for thirty days and heavily fined. Prosecutions in this period led to labor efforts to gain relief through legislation. In 1869, Pennsylvania 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 laborers could collectively refuse to work for any employer. The need for such legislation suggests that Hunt, while beneficial for labor, was hardly a guarantee that that workers would be able to organize without fear of legal repercussion.
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