The labor members of the House of Commons contended with great vigor that Parliament, in enacting the Trade Union Act of 1871, and the subsequent legislation of 1876, had intended to protect the funds of the unions absolutely, and that the pending bill, therefore, should be so worded as to provide beyond all doubt for the complete restoration to the unions of the immunity they had enjoyed for 30 years, and which they contended had been universally conceded as a rightful privilege before the House of Lords upset this construction of the law by their decision in the Taff Vale case. The advocates of the original bill defended it on the ground that to grant the unions specifically such universal immunity from liability would be to give them a special class privilege; they felt that if legislation were enacted which would simply protect the unions from unauthorized action taken by subordinate officials it would be sufficient and would, in fact, cover such cases as the Taff Vale, in which the strike was not authorized by the executive body of the union itself. 66 But the labor men stood out, and with the result that the clause granting complete protection and immunity for the unions from being sued in respect of any tortious act" was incorporated in the government's bill. The Conservative party continued to attack the measure, but it finally weathered its stormy passage and was sent up to the Lords. Thereupon, Mr. Balfour, who had vigorously opposed the bill, urged the Lords to pass it on the ground that it was demanded by public opinion and that its rejection would be exceedingly impolitic. The Conservative majority of the Upper House felt no greater enthusiasm for the measure than had the Conservatives in the Commons, but it nevertheless passed and received the royal assent December 22, 1906.1 This act (6 Edw. VII, Chap. 47), which was to take effect July 1, 1907, and is, therefore, now the law of Great Britain, is reviewed by The Board of Trade Labour Gazette (London, January, 1907), as follows: The Trade Disputes Act, 1906, relates to "any dispute between employers and workmen, or between workmen and workmen, which is 1 Bulletin No. 70 (May, 1907) of the United States Bureau of Labor contains a History of British Labor Legislation, by A. Maurice Low; see also article on British Legislation in 1906, in the Yale Review, February, 1907. 6 connected with the employment or non-employment or the terms of the employment, or with the conditions of labour, of any person, and the expression workmen' means all persons employed in trade or industry, whether or not in the employment of the employer with whom a trade dispute arises." The Act makes an important change in the law relating to conspiracy. By the common law persons who agree together to do an act may often be indicted for the crime of conspiracy, or sued for damages, in cases where the doing of the act by a single person would not be a crime or actionable. The Conspiracy and Protection of Property Act, 1875, provided that an agreement by two or more persons to do an act in furtherance or contemplation of a trade dispute should not be indictable as a conspiracy if such acts committed by one person would not be punishable as a crime. The new Act now goes one step further, and provides that "An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable." And it is further provided that "an action against a trade union, whether of workmen or masters, or against any members or officials thereof on behalf of themselves and all other members of the trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union, shall not be entertained by any court." It will be seen at once that these two provisions will prevent the recurrence of actions such as have occupied the time of the courts during the last few years, in which damages have been claimed against trade unions and their officials for conspiracy, inducing employers to dismiss workmen, &c. The Taff Vale Railway case decided that a registered trade union may be sued. This Act now provides that a trade union may not be sued in tort, but it leaves a union liable to be sued in contract. It is further to be noticed that "an act done by a person in contemplation or furtherance of a trade dispute shall not be actionable on the ground only that it induces some other person to break a contract of employment or that it is an interference with the trade, business, or employment of some other person, or with the right of some other person to dispose of his capital or his labour as he wills." The Act also expressly legalises peaceful picketing for the purpose of obtaining information, or of persuading any person to work or abstain from working. (The text of the Trade Disputes Act is given in full on pages 219, 220, and 221 of this report.) III. TEXT OF PRINCIPAL ACTS AFFECTING THE LEGAL STATUS OF BRITISH TRADE UNIONS. [34 & 35 VICT.] Trade Unions. CHAPTER 31. An Act to amend the Law relating to Trade Unions. [29th June 1871.] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Preliminary. 1. This Act may be cited as "The Trade Union Act, 1871." Criminal Provisions. 2. The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise. 3. The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust. 4. Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for the breach of any of the following agreements, namely, 1. Any agreement between members of a trade union as such, 3. Any agreement for the application of the funds of a trade: (a.) To provide benefits to members; or, (b.) To furnish contributions to any employer or work man not a member of such trade union, in consideration of such employer or workman acting in conformity with the rules or resolutions of such trade union; or, (c.) To discharge any fine imposed upon any person by sentence of a court of justice; or, 4. Any agreement made between one trade union and another; or, 5. Any bond to secure the performance of any of the abovementioned agreements. But nothing in this section shall be deemed to constitute any of the above-mentioned agreements unlawful. 5. The following Acts, that is to say, (1.) The Friendly Societies Acts, 1855 and 1858, and the Acts amending the same; (2.) The Industrial and Provident Societies Act, 1867, and any Act amending the same; and (3.) The Companies Acts, 1862 and 1867. shall not apply to any trade union, and the registration of any trade union under any of the said Acts shall be void, and the deposit of the rules of any trade union made under the Friendly Societies Acts, 1855 and 1858, and the Acts amending the same, before the passing of this Act, shall cease to be of any effect. Registered Trade Unions. 6. Any seven or more members of a trade union may by subscribing their names to the rules of the union, and otherwise complying with the provisions of this Act with respect to registry, register such trade union under this Act, provided that if any one of the purposes of such trade union be unlawful such registration shall be void. 7. It shall be lawful for any trade union registered under this Act to purchase or take upon lease in the names of the trustees for the time being of such union any land not exceeding one acre, and to sell, exchange, mortgage, or let the same, and no purchaser, assignee, mortgagee, or tenant shall be bound to inquire whether the trustees have authority for any sale, exchange, mortgage, or letting, and the receipt of the trustees shall be a discharge for the money arising therefrom; and for the purpose of this section every branch of a trade union shall be considered a distinct union. 8. All real and personal estate whatsoever belonging to any trade union registered under this Act shall be vested in the trustees for the time being of the trade union appointed as provided by this Act, for the use and benefit of such trade union and the members thereof, and the real or personal estate of any branch of a trade union shall be vested in the trustees of such branch, and be under the control of such trustees, their respective executors or administrators, according to their respective claims and interests, and upon the death or removal of any such trustees the same shall vest in the succeeding trustees for the same estate and interest as the former trustees had therein, and subject to the same trusts, without any conveyance or assignment whatsoever, save and except in the case of stocks and securities in the public funds of Great Britain and Ireland, which shall be transferred into the names of such new trustees; and in all actions, or suits, or indictments, or summary proceedings before any court of summary jurisdiction touching or concerning any such property, the same shall be stated to be the property of the person or persons for the time being holding the said office of trustee, in their proper names, as trustees of such trade union, without any further description. 9. The trustees of any trade union registered under this Act, or any other officer of such trade union who may be authorized so to do by the rules thereof, are hereby empowered to bring or defend, or cause to be brought or defended any action, suit, prosecution, or complaint in any court of law or equity, touching or concerning the property, right, or claim to property of the trade union; and shall and may, in all cases concerning the real or personal property of such trade union, sue and be sued, plead and be impleaded, in any court of law or equity, in their proper names, without other description than the title of their office; and no such action, suit, prosecution, or complaint shall be discontinued or shall abate by the death or removal from office of such persons or any of them, but the same shall and may be proceeded in by their successor or successors as if such death, resignation, or removal had not taken place; and such successors shall pay or receive the like costs as if the action, suit, prosecution, or complaint had been commenced in their names for the benefit of or to be reimbursed from the funds of such trade union, and the summons to be issued to such trustee or other officer may be served by leaving the same at the registered office of the trade union. 10. A trustee of any trade union registered under this Act shall not be liable to make good any deficiency which may arise or happen in the funds of such trade union, but shall be liable only for the moneys which shall be actually received by him on account of such trade union. 11. Every treasurer or other officer of a trade union registered under this Act, at such times as by the rules of such trade union he should render such account as hereinafter mentioned, or upon being required so to do, shall render to the trustees of the trade union, or to the members of such trade union, at a meeting of the trade union, a just and true account of all moneys received and paid by him since he last rendered the like account, and of the balance then remaining in his hands, and of all bonds or securities of such trade union, which account the said trustees shall cause to be audited by some fit and proper person or persons by them to be appointed; and such treasurer if thereunto required, upon the said account being audited, shall forthwith hand over to the said trustees the balance which on such audit appears to be due from him, and |