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Land, Labor and the Wagner Act |
| [A speech delivered
in the U.S. House of Representatives, Wednesday, 19 May 1937] |
Mr. Speaker, the National Labor Relations Act is being
acclaimed by labor as one of its greatest achievements in the long and
weary struggle for its rights. The weeks and months that its life was
hanging in the balance labor was filled with anxiety and despair. The
actions of the courts were awaited with bated breath, and when at
last, on the 12th day of April, 1937, the Supreme Court of the United
States pronounced the act a living thing there was great rejoicing in
the ranks of the workers. And this not without reason, for the
principles for which labor fought and struggled throughout the years
were at last sanctified as the law of the land. The right of
self-organization and collective bargaining have been regarded by the
champions of labor among their most important and effective weapons.
That labor should be unduly enthusiastic about the outcome of the
legal battle over the Wagner Act and anticipate greater benefits than
can possibly be realized must be expected. For the rank and file of
labor have not only been schooled in the efficacy of self-organization
and collective bargaining by their leaders but the Supreme Court
entertains and declares the same view. In the light of me teachings of
the leaders of labor and the decisions of the Supreme Court, it is but
natural that practically everybody is entertaining the thought that,
with the Wagner Act and related legislation securely on the statute
books, labor is about to enjoy its just rewards.
Without minimizing in the slightest degree the importance and value
of the legislation embodied in the National Labor Relations Act, it
may be well to remind ourselves that, notwithstanding the legal
recognition of the much-coveted principles underlying the Wagner Act,
the war for the full rights of labor has not yet been won, and that
many bitter battles remain to be fought. Candor impels the necessity
to remind labor that the enjoyment of the full fruits of labor can
come to pass only when the basic element of production will be
available to all on equal terms and the rights of the people to their
God-given inheritance restored. Equality before the law and the right
to life, liberty, and the pursuit of happiness are delusions so long
as labor must pay tribute to the privileged few for the opportunity to
labor and produce.
In the celebrated case of the National Labor Relations Board against
the Jones & Laughlin Steel Corporation, recently decided, Chief
Justice Hughes, who delivered the majority opinion of the Court, said:
The right of employees to self-organization and to select
representatives of their own choosing for collective bargaining or
other mutual protection without restraint or coercion by their
employer is a fundamental right. Employees have as clear a right to
organize and select their representatives for lawful purposes as the
respondent has to organize its business and select its own officers
and agents. Discrimination and coercion to prevent the free exercise
of the right of employees to self-organization and representation is
a proper subject for condemnation by competent legislative
authority. Long ago we stated the reason for labor organizations. We
said that they were organized out of the necessities of the
situation; that a single employee was helpless in dealing with an
employer; that he was dependent ordinarily on his daily wage for the
maintenance of himself and family; that if the employer refused to
pay him the wages that he thought fair, he was nevertheless unable
to leave the employ and resist arbitrary and unfair treatment; that
union was essential to give laborers opportunity to deal on an
equality with their employer.
From these words it may be fairly inferred that a laborer, as a
member of a labor organization, is on a basis of equality with his
employer and therefore in a position, through the power of collective
bargaining, to demand his full rights. But before accepting this
conclusion and ringing down the curtain on the problem of labor, let
us examine the facts. And in considering this problem, let it first be
observed, in order that laborers, either individually or collectively,
may deal on an equality with their employer it is necessary that such
laborers enjoy freedom of contract. It goes without saying that,
unless the right to bargain on the part of the contracting parties is
free from pressure or duress from any source whatsoever, there cannot
be equality between the parties. It has been said:
Freedom of contract begins where equality of bargaining
begins.
In other words, there is no freedom of contract where the bargaining
power of the contracting parties is unequal.
Freedom of contract is a deceptive phrase. Americans are boastful of
their so-called freedom and accept as a matter of course that the
inalienable rights with which man is endowed are theirs to enjoy. Upon
examination, however, this is a bold and unjustifiable assumption.
America has not yet achieved that station of economic and political
development where it can be truthfully asserted that the wage workers
are free and independent. True freedom is impossible in an economic
order when even the most obscure worker is denied the opportunity to
use his labor for the satisfaction of his wants.
Do laborers, even with the right of self-organization and collective
bargaining, enjoy the economic freedom necessary to use their labor to
satisfy their wants or to deal with their employers on a basis of
equality?
The basic factor in production is land, and the word "land",
as here used, includes the whole external world accessible to man,
with all its forces and powers. Freedom of contract is impossible
where equal access to land is denied. Today land is not accessible to
labor on equal terms, hence labor's bargaining power or ability to use
its labor for the satisfaction of its own wants is not on a par with
those who enjoy special advantages over the basic element of
production. Before labor will be on a basis of equality the basic
factor in production, to wit, land, must be freed from the grip of
monopoly.
In a state of nature there is no unemployment. The tramp, the beggar,
the man without a job are concomitants of civilization. Hence the
phenomenon of unemployment is due to man-made institutions, and the
reason we are stumbling along without discerning the chief cause of
unemployment is our failure to comprehend the relation of industry to
land. When hard times overtake us, when we are in the grip of a
depression, and the highways are resounding with the tramp of the army
of the unemployed, we waste time and energy in a wild attempt to
ascertain the number of unemployed instead of ascertaining, if
possible, the reason why able-bodied men are out of work; why they are
unable to find opportunities to use their powers for the satisfaction
of their wants; why their services are not in demand.
We are accustomed to saying that there is no demand for the
unemployed. But all we can mean by such a statement is that no
employer wants their services. Inasmuch as our physical wants can be
satisfied by labor and labor alone, it is obvious that there is always
the same demand for the labor of every man that there was, for
example, for the labor of Robinson Crusoe alone on his island, namely,
the need of satisfying his own wants. Why, then, cannot the demand be
met?
The denial of access to land is the chief and primary cause. As has
well been said by John Sturgis Codman, in a little book entitled "Unemployment
and Our Revenue Problem", Robinson Crusoe needed no employer. He
required only that there be no interference with his use of the
natural resources of the island. Why, then, in this country, where we
have natural resources greatly exceeding the needs of our
comparatively scanty population, where we have all the advantages of
modern knowledge concerning, the methods of facilitating production in
cooperation with our fellow men, should not all of us, who are
able-bodied and sane-minded, be able to earn an independent living far
better than that to which Robinson Crusoe aspired, instead of being
periodically obliged - many of us - to walk the streets to find work?
Why unemployment? Why do men lack opportunity to work? When it is
remembered that land is the basis of all labor and all production, the
answer is obvious. Without access to land, labor is at the mercy of
those who control the natural resources. Unless the primary factor of
production is available at the command of labor, unemployment - or
employment on unfavorable terms - is inevitable. The rights of labor
are so intimately related to the land question that the one cannot be
considered independently of the other. They are part and parcel of the
same problem.
In the District of Columbia there are thousands of unemployed. These
thousands of unemployed have the same demand for labor for the
satisfaction of their own wants that Robinson Crusoe had on his
island. But they have no opportunity to work. Why? Because, first, no
employer wants their services; and, second, the necessary and basic
element in the productive process - to wit, land - is monopolized, and
hence not available to the unemployed.
As illustrating the vital part land plays in the problem of
employment, let us suppose that, adjoining the District of Columbia,
there should arise as if by magic, out of the Potomac River, a strip
of land equal in area to the District of Columbia and that the land of
this new magical world is rich with gold nuggets from which a laborer,
in a day's work, could produce from the land $10 worth of pure gold.
And suppose that every foot of this magical island would possess an
equal quantity of gold and that its production would require the same
amount of labor. And, again, suppose the Government, being desirous to
free itself of the present relief load, would announce that after a
given day any unemployed resident of the District of Columbia would be
given the exclusive possession of 1 acre of land of this magical
island upon which to work. How would this affect the unemployment
situation in the District of Columbia? Obviously, every able-bodied
unemployed person in the District of Columbia willing to work would
immediately make requisition for an acre of this gold-producing land
and, without the intervention of an employer, go to work and at the
end of each day's labor have in his possession at least $10 worth of
gold. Under such conditions unemployment in the District of Columbia
would be at an end and would remain so as long as the land retained
its gold-producing capacity. It would also raise the wage level to a
minimum of practically $10 per day throughout the District in all
lines of endeavor.
Of course, all this sounds fantastic, but the only fantastic part is
the magical island. The other features of the illustration are facts
demonstrable in every growing community, as upon reflection may be
discerned. The factor in the illustration that transformed the army of
unemployed in the District of Columbia into a group of free, happy,
and contented workers was the accessibility of productive land. It may
be said that in America all productive land is in use, and therefore
the land question is irrelevant. This, however, is far from the truth.
In every center of population there may be seen many areas of vacant
land or land only partially used, as may be noted by the following
example:
In full view of the Capitol and within a stone's throw of the White
House there is a tract of land, located in the Capital City of the
Nation, bounded on the north by Fifteenth Street, on the east by
Pennsylvania Avenue, on the south by Fourteenth Street, and on the
west by E Street, containing about 1 acres of land. This tract of land
has great productive powers. It has a potential productive capacity
many times that of a single acre of the magical island. That is to
say, while one person working on 1 acre of the magical island would
produce $3,000 of wealth per year, upon the tract described, if put
into production to its maximum capacity, there would be produced, not
only many thousands of dollars worth of wealth annually by virtue of
the inherent productive power due to its advantageous location and the
services rendered by society and government but, at the same time,
hundreds of laborers would receive employment, while millions of
capital would be brought into use. The point being that land - Mother
Earth - is a vast workshop wherein there is a job for everyone willing
to work.
In the foregoing illustration attention is called to the fact that
society and government render very distinct services in the process of
producing wealth. It must be borne in mind that these services are of
first importance. All proper activities of government and the normal
association and cooperation of the people of the community constitute
the services that society and government render in the productive
process. The net economic result of these activities attaches to and
is reflected in the value of land. This may be seen in every center of
population.
For example, in the city of Washington, as in all other cities of
comparable size, land has great value. The most valuable is found in
those sections that offer the best opportunities for trade, shopping,
amusements, and other activities and conveniences that accompany
modern civilized life. It will be noted that there is a very distinct
and positive relation between population and the value of land. The
profit arising from these values belongs to the people. J. Ramsay
MacDonald, former Prime Minister of England, during his Premiership
had occasion to observe that -
Rent, "ground rent", is a toll, not a payment
for service. By it social values are transferred from social pools
into private pockets, and it becomes the means of vast economic
exploitation.
Rent is obviously a common resource. Differences
in fertility and value of site must be equalized by rent, but it
ought to go to common funds and be spent in the common interests.
If the economic rent of land were collected and put into the Public
Treasury for the common benefit of all the people, as suggested by the
ex-Prime Minister, the confusion and bewilderment concerning the labor
problem would immediately be in process of clarification and solution.
It may be well to pause and recount the benefits that would accrue to
the people under a proper and just administration of the Nation's
natural resources. Our imagination need not be stretched to see that
if the value of the services rendered by society and government were
appropriated for public use in lieu of the present onerous taxes on
the products of labor, government would not only be simplified, but at
the same tune private business would be freed from many of its present
burdens, vexations, restrictions, and regulations.
With the reform of our revenue system along the lines indicated, the
Government would, so far as its revenue policy is concerned, function
within well-defined natural law, and thus observe the principles of
morality and justice. This, too, is a matter of first importance. The
life of human society is dependent upon moral virtue. No nation, no
civilization, can long endure unless firmly rooted in the principles
of eternal justice. Whenever and wherever nations have departed from
the path of righteousness and justice, then and there they were
overtaken by ruin and disaster.
President Roosevelt has publicly declared that the most effective
guide for the safety of this most worldly of worlds is moral
principle. This is ancient wisdom, applicable at all times and under
all circumstances. Unless the activities of government have the
sanction of ethics and good morals, evil fruits will be the harvest.
Good morals decree -
Thou shalt not steal.
This applies to nations as well as individuals. The vice of the
violation of this moral precept is the taking of the rightful property
of another without his consent. Governments, in the exercise of the
taxing power, ruthlessly ignore the spirit of this rule. They have a
fashion of wielding the power of taxation with an abandon of good
morals and ethical precepts that would put to shame the Captain Kidds
and Al Capones of all times.
Let it be repeated, the essence of theft and robbery is the taking of
the property of another without the other's consent. Yet governments
by the indiscriminate use of the taxing power, commit this offense
without let or hindrance, as may be seen upon examination of the
revenue systems of all governments.
Labor, in conjunction with capital, is the creator of all wealth. The
factors involved in its production are land, labor, capital. Equity
decrees that each factor shall be compensated in proportion to the
contribution that each makes toward its production, and this
allocation may well be left to the operation of the natural laws
governing the distribution of wealth. The portion allocated to land is
rent; the portion allocated to labor is wages; and the portion
allocated to capital is interest.
The item "rent" is a social product, and justice degrees
that it be appropriated by government for the benefit of all, and
hands off wages and industry. In practice, however, governments permit
rent to be collected by private interests and thus are compelled to
exact tribute from the wages of labor, and the interest of capital for
public revenues. In doing so they violate the commandment "Thou
shalt not steal."
But it is said that the persons whose labor created the wealth, as
citizens of the country under whose government they live, are in duty
bound to bear their just share of the cost of government. Granted. But
it must be borne in mind that the laborers, as producers of wealth and
units of society, make a distinct and decisive contribution to society
and government. This contribution, as stated before, is reflected in
the value of land and constitutes the fund provided by Nature and
Nature's God for the support of society and governmental needs of the
community. To permit this fund to be privately appropriated is an
unspeakable sin of omission on the part of governments and impels
governments to commit the indefensible crime of robbing labor and
capital in order to obtain the necessary taxes for community needs.
Bolton Hall, a prominent lawyer and a noted publicist of New York, in
a few eloquent passages expounds the principles under discussion in
these words:
Most of man's misery is made by mankind's mistakes.
Man lives by applying work to land and to the products of land;
land is the source of food and of all raw materials. No one can
create wealth or even live without access to land. Only those who
speculate or share in some monopoly can get rich without working.
Even a highjacker or a pickpocket would starve if he did not work at
his business.
Independence depends not upon someone giving you a job,
but upon free access to places to work. Possession of each piece of
land by all is impossible, but exclusive occupancy must be assured;
therefore each possessor of land should compensate those excluded
from the more desirable holdings.
As land value is created by the presence and activities of the
community, each landholder should pay to the community the annual
rental value of whatever site or other land he holds. At present we
pay these billions as land rent for permission to live on this earth
to landholders who do not earn them.
If the community got the full value of the service it renders,
there would be ample revenue to maintain that service. Taxes would
be unnecessary, and labor and capital, being tax-exempt would get as
wages all they produce and if money monopolies were destroyed, they
would get whatever interest superabundant capital might bring.
As nothing could be made from land without using it, land would be
held only for use, and all unused land, including water power,
mines, etc., would be available free of purchase price. The doors of
opportunity would be open to all.
If land rent were not paid to landholders, no one could get more
than wages; hence, as one could not get wages by another's labor,
exploitation would be impossible. Industry and progress would have a
fair field.
Involuntary unemployment and poverty would cease; the golden age of
our dreams would be made possible.
This is not bolshevism nor communism. The New York State
Constitution, article I, section 10, reads: "The people, in
their right of sovereignty, are deemed to possess the original and
ultimate property in and to all lands within the jurisdiction of the
State."
It is interesting to note that Blackstone, the great English law
commentator, declares that -
It is an undeniable principle of law that all lands in England are
held immediately by the King. And Williams, on Real Property, in the
same vein, says:
The first thing the student has to do is to get rid of
the idea of absolute ownership. No man in law is absolute owner of
his lands but only holds estate in them.
The Constitution of the State of New York, as pointed out by Mr.
Hall, is simply in line with the well-recognized principle that the
true ownership of the natural resources is in the sovereignty of the
people.
Statesmen and economists, industrialists and merchants, businessmen
and bankers, labor leaders, farmers, and others, meet daily in the
Capital City of the Nation, planning and worrying in a vain attempt to
solve the elusive and vexing problem of unemployment. If these groups
would make a pilgrimage to the little plot of land lying opposite the
north side of the Commerce Building, they would see a tract containing
about 1 acre of land that in appearance is not unlike the thousands of
acres of pasture and fallow land in all sections of the Nation. Yet if
their imagination were stirred and quickened, they would perceive that
this vacant tract of land has great potential productive capacity. In
fact, before their very eyes there would arise a veritable El Dorado
that, if put into production, would yield fabulous quantities of
wealth. With this experience, perhaps their imaginations would again
be stirred and comprehend the fact that labor and capital are called
upon to pay billions annually as tribute to the privileged landholding
interests of America for the mere privilege of producing wealth, and
furthermore, realize the futility of attempting to solve fundamentally
the problem of unemployment, with its attendant misery, so long as the
illogical relation between land and production exists.
All our economic activities are dependent upon land. Before a farmer
can till the soil, the miner produce coal, a manufacturer turn a
wheel, a merchant sell a spool of thread, a banker discount a note, a
lawyer write a brief, a teacher conduct her school, or a preacher
expound the precepts of religion, space must be rented or bought. That
is inescapable, and since such space of the earth's surface is limited
in quantity, its control becomes a coveted prize because of its
inherent power to exploit labor. The privileged landholding interests
of America are in control of the natural resources of America. And it
is this fact that enables them to demand of labor billions of dollars
annually for the mere right to work and produce. This is the great
iniquity of our economic order, and so long as this condition exists
laborers cannot be free to contract upon just and equitable terms,
even though they are clothed with the power of unionization and
collective bargaining.
The importance of the land question and its relation to the labor
problem are well illustrated in the anthracite coal region of
Pennsylvania. There thousands of men were employed. The principal
occupation of these unemployed is coal mining. When the depression
came, the operators closed the mines. The miners, of course, lost
their jobs. But something happened. Here were large quantities of
virgin coal in the bowels of the earth. True, these coal beds, under
the present scheme of things, are private property. But some of the
miners, faced with their own and their families' wants, flouted the
law, took possession of the private property and, without the aid of
employers, are busily engaged in the production of coal and thus are
solving their own problem of unemployment. They are solving the
problem of making a living for themselves and their families without
the aid of employers, the Federal Government, the W.P.A., the N.R.A.,
or the welfare agencies of their communities.
The factor that has made this condition possible in the anthracite
coal region of Pennsylvania is access to land. Labor there, as
Robinson Crusoe on his island, went to work without asking
embarrassing questions about the ownership of the natural resources.
The fundamental wrong from which labor is suffering cannot be settled
by merely bargaining and entering into agreements between employer and
employee. The wrongs involved are so deep-rooted in the economic
structure that failure to reform the iniquities inherent in the system
along just and basic lines means hardship, suffering, and misery to
employer and employee alike. Before labor can achieve economic freedom
and enjoy the power to bargain on a basis of equality with the
employer, it must recognize the great truth that "The earth",
in the words of Thomas Jefferson, "belongs in usufruct to the
living."
Hither, ye blind, from your futile banding!
Know the rights and the rights are won.
Wrong shall die with the understanding;
One truth clear, and the work is done.
Nature is higher than progress or knowledge
Whose need is ninety enslaved for ten;
My word shall stand against mart and college;
The planet belongs to its living men!
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