In a degree investigation has prepared the way for legislation. Legislation will undoubtedly play even a bigger part than it has done in the protection of the workers. Almost all laws for which organized labor generally works affect women as well as men, whether they are anti-injunction statutes, or workmen's compensation acts, or factory laws. But there is another class of laws, specially favoring women, about which women have naturally more decided opinions than men. These are laws as to hours, and more recently as to wages, which are or are to be applicable to women alone. A just and common-sense argument extends special legislative protection to women, because of their generally exploited and handicapped position; but the one strong plea used in their behalf has been health and safety, the health and safety of the future mothers of society. At this point we pause. In all probability such protection will be found so beneficial to women that it will be eventually extended to men.
One group of laws in which labor is vitally interested is laws touching the right of the workers to organize. Many of the most important judicial decisions in labor cases have turned upon this point. In this are involved the right to fold arms, and peacefully to suggest to others to do the same; the right to band together not to buy non-union goods, and peacefully to persuade others not to buy.
One angle from which labor views all law-making is that of administration. A law may be beneficial. It is in danger on two sides. The first the risk of being declared unconstitutional, a common fate for the most advanced legislation in this country; or, safe on that side, it may be so carelessly or inefficiently administered as to be almost useless. In both cases, strong unions have a great influence in deciding the fate and the practical usefulness of laws.
Whether in the making, the confirming, or the administering of laws, the trade unions form the most important channel through which the wishes of the workers can be expressed. Organized labor does not speak only for trade unionists; it necessarily, in almost every case, speaks for the unorganized as well, partly because the needs of both are usually the same, and partly because there is no possible method by which the wishes of the working people can be ascertained, save through the accepted representatives of the organized portion of the workers.