The battle begins – clashes in the mines: Braceville Coal Co. v. People – Illinois, 1893 (35 N.E. 62); In re Preston – Ohio, 1900 (59 N.E. 101); Republic Iron & Steel Co. v. State – Indiana, 1903 (66 N.E. 1005); Seelyville Coal & Mining Co. v. McGlosson – Indiana, 1906 (77 N.E. 1044)
"Yellow dog” labor contracts: Gillespie v. People – Illinois, 1900 (58 N.E. 1007); New York, Chicago & St. Louis Railroad Co. v. Schaffer – Ohio, 1902 (62 N.E. 1036); State ex rel. Zillmer v. Kreutzberg – Wisconsin, 1902 (90 N.W. 1098); State ex rel. Scheffer v. Justus – Minnesota, 1902 (88 N.W. 759)
"[The law] does not seek to prohibit an employer from communicating to other employers the nature and character of his employees, when the facts would be for their interests. While such interference by an employer is not expressly characterized as malicious, that intent is necessarily implied. It is the purpose of this law to protect employees in the enjoyment of those natural rights and privileges guaranteed them by the constitution, viz., the right to sell their labor and acquire property thereby." - Justice Charles Lewis, in Justus Freedom from vaccination: Hurst v. Warner – Michigan, 1894 (60 N.W. 440); State v. Burdge – Wisconsin, 1897 (70 N.W. 347); Potts v. Breen – Illinois, 1897 (47 N.E. 81); Blue v. Beach – Indiana, 1900 (56 N.E. 89); State ex rel. Freeman v. Zimmerman - Minnesota, 1902 (90 N.W. 783); State ex rel. Milhoof v. Board of Education of Village of Barberton – Ohio, 1907 (___ N.E. ___)
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| “To withhold from merit its reward, may be a favorite object of socialism, but it is inimical to the individual rights which are preserved by the constitution.” -Chief Justice John Schauck, in In re Preston Illinois coal mine, 1903 (courtesy Library of Congress)
“As each morning comes the employee is free to decide not to work, the employer to decide not to receive him … If that may be denied by law, the result is legalized thralldom, not liberty, - certainly not to the laboring men of our country. -Justice Joshua Eric Dodge, in Zillmer "[Health officials] are clothed with extraordinary powers for the protection of the community from noxious influences affecting life and death, and it is important that their proceedings should be embarrassed or delayed as little as possible by the unnecessary observance of formalities." - Justice James Jordan, in Blue "It is a matter of common knowledge that the number of those who seriously object to vaccination is by no means small, and they cannot, except when necessary for the public health and in conformity to law, be deprived of their right to protect themselves and those under their control from an invasion of their liberties by a practically compulsory inoculation of their bodies with a virus of any description, however meritorious it might be." - Justice Orrin Carter, in Potts |
EMPIRE OF LAWS - The Legal History of the 50 American States > 5. MIDWEST LEGAL HISTORY > 5.3. The Midwest,1865-1900: The Flowering of Agrarian Capitalism > 5.3.1. The Midwest, 1865-1900: Last Stand for States Rights > 5.3.2. The Midwest, 1865-1900: The Beginnings of Modern Civil Rights > 5.3.3. The Midwest, 1865-1900: The Women's Rights Revolution > 5.3.4. The Midwest, 1865-1900: The Beginnings of the Regulatory State > 5.3.5. The Midwest, 1865-1900: The Rise of Substantive Due Process >