People's History of the United States_ 1492 to Present, A - Zinn, Howard [143]
The pretense of the law was that a worker and a railroad made a contract with equal bargaining power. Thus, a Massachusetts judge decided an injured worker did not deserve compensation, because, by signing the contract, he was agreeing to take certain risks. “The circle was completed; the law had come simply to ratify those forms of inequality that the market system produced.”
It was a time when the law did not even pretend to protect working people—as it would in the next century. Health and safety laws were either nonexistent or unenforced. In Lawrence, Massachusetts, in 1860, on a winter day, the Pemberton Mill collapsed, with nine hundred workers inside, mostly women. Eighty-eight died, and although there was evidence that the structure had never been adequate to support the heavy machinery inside, and that this was known to the construction engineer, a jury found “no evidence of criminal intent.”
Horwitz sums up what happened in the courts of law by the time of the Civil War:
By the middle of the nineteenth century the legal system had been reshaped to the advantage of men of commerce and industry at the expense of farmers, workers, consumers, and other less powerful groups within the society. . . . it actively promoted a legal redistribution of wealth against the weakest groups in the society.
In premodern times, the maldistribution of wealth was accomplished by simple force. In modern times, exploitation is disguised—it is accomplished by law, which has the look of neutrality and fairness. By the time of the Civil War, modernization was well under way in the United States.
With the war over, the urgency of national unity slackened, and ordinary people could turn more to their daily lives, their problems of survival. The disbanded armies now were in the streets, looking for work. In June 1865, Fincher’s Trades’ Review reported: “As was to be expected, the returned soldiers are flooding the streets already, unable to find employment.”
The cities to which the soldiers returned were death traps of typhus, tuberculosis, hunger, and fire. In New York, 100,000 people lived in the cellars of the slums; 12,000 women worked in houses of prostitution to keep from starving; the garbage, lying 2 feet deep in the streets, was alive with rats. In Philadelphia, while the rich got fresh water from the Schuylkill River, everyone else drank from the Delaware, into which 13 million gallons of sewage were dumped every day. In the Great Chicago Fire in 1871, the tenements fell so fast, one after another, that people said it sounded like an earthquake.
A movement for the eight-hour day began among working people after the war, helped by the formation of the first national federation of unions, the National Labor Union. A three-month strike of 100,000 workers in New York won the eight-hour day, and at a victory celebration in June 1872, 150,000 workers paraded through the city. The New York Times wondered what proportion of the strikers were “thoroughly American.”
Women, brought into industry during the war, organized unions: cigarmakers, tailoresses, umbrella sewers, capmakers, printers, laundresses, shoeworkers. They formed the Daughters of St. Crispin, and succeeded in getting the Cigarmakers Union and the National Typographical Union to admit women for the first time. A woman named Gussie Lewis of New York became corresponding secretary of the Typographers’ Union. But the cigarmakers and typographers were only two of the thirty-odd national unions, and the general attitude toward women was one of exclusion.
In 1869, the collar laundresses of Troy, New York, whose work involved standing “over the wash tub and over the ironing table with furnaces on either side, the thermometer averaging 100 degrees, for wages averaging $2.00 and $3.00 a week” (according to a contemporary account),