Without venturing on the disputed ground as to
whether such decisions are legitimate or illegitimate interpretations of
constitutional provisions, it need only be said in this, as in other
instances, that the courts are as much influenced in such decisions by a
political theory as they are by any fidelity to the fundamental law, and
that if they continue indefinitely in the same course, they are likely
to get into trouble. I shall, however, as usual, merely evade
constitutional obstacles, the full seriousness of which none but an
expert lawyer is competent to appraise. Both the state and the municipal
governments ought, just in so far as they have the power, to give
preference to union labor, but wherever possible they should also not
hesitate to discriminate between "good" and "bad" unions. Such a
discrimination would be beyond the courage of existing governments, but
a mild hope may be entertained that it would not be beyond the courage
of the regenerated governments. The adoption of some such attitude by
the municipal and state authorities might encourage employers to make
the fight along the same lines; and wherever an employer did make the
fight along those lines, he should, in his turn, receive all possible
support.
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