This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Statutes forbidding the discharge or non-employment of an employe because he is a member of a union are invalid.1 Statutes requiring goods made in penal institutions to be marked with a " convict label,"2 or providing that goods can be marked with a "union label " only with the consent of such union,3 are valid. An ordinance which requires all city printing to bear the union label is invalid.4 Statutes providing that no stone can be used on any municipal work unless it is cut and dressed within the state are invalid.5 A statute providing for a free employment agency at public expense and forbidding those in charge to furnish names of applicants for service to employers whose employes are on a strike, though such name? must be furnished to other employers is invalid.6
22 Patterson v. The Eudora, 190 U. S. 169.
23 International Text-Book Co. v. Weissinger, 160 Ind. 349; 98 Am. St. Rep. 334; 65 N. E. 521.
1 Gillespie v. People, 188 111. 176; 80 Am. St. Rep. 176; 52 L. R. A. 283; 58 N. E. 1007; State v. Julow, 129 Mo. 163; 50 Am. St. Rep. 443; 29 L. R. A. 257; 31 S. W. 781; State v. Kreutzberg, 114 Wis. 530; 91 Am. St. Rep. 934; 90 N. W. 1098. "Here a non-trade union man or non-labor union man could be discharged without ceremony, without let or hindrance, whenever the employer so desired, with or without reason therefor, while in the case of a trade union or labor union man he could not be discharged if such discharge rested on the ground of his being a member of such an organization. In other words, the legislature have undertaken to limit the power of the owner or employer as to his right to contract with, or to terminate a contract with, particular persons of a class, and therefore the statute which does this is a special, and not a general, law, and, therefore, violative of the Constitution." State v. Julow, 129 Mo. 163, 176; 50 Am. St. Rep. 443; 29 L. R A. 257; 31 S. W. 781; quoted in Gillespie v. People, 188 111. 176, 186; 80 Am. St, Rep. 176; 52 L. R. A. 283; 58 N. E. 1007. "The legislature cannot prevent persons who are sni juris from laboring, or from making such contracts as they may see fit to make relative to their own lawful labor; nor has it any power by penal laws to prevent any person, with or without cause, from refusing to employ another or to terminate a contract with him, subject only to the liability to respond in a civil action for an unwarranted refusal to do that which has been agreed upon." Gillespie v. People. 188 111. 176, 185; 80 Am. St. Rep. 176; 52 L. R. A. 283; 58 N. E. 1007.
2 People v. Hawkins, 157 N. Y. 1 ; 68 Am. St. Rep. 736; 42 L. R. A. 490; 51 N. E. 257.
3 State v. Bishop. 128 Mo. 373; 49 Am. St. Rep. 569; 29 L. R. A.