The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-10-24 00:00:00

Etc 3tourtribp

SATURDAY, OCTOBER 2L 18(12.

TRADES-UNIONS, THEIR OBJECTS,
AND THEIR FUNDS.

The relations between employers and em-
ployed on the one hand, and between fellow-
workmen on the other, have from time imme-
morial been the subject of controversy among
political economists, masters, and men. We
have no intention to enter on the general sub-
ject, but there are two branches of it which at
the present moment are of special moment, and
on these we have someihing to say. Without
discussing, however, the merits or demerits of
.he tradee' un'on system, or entering on the
question whether they are advantageous or dis-
advantegeens to the workman, we may just state
what is the law with regard to trade combina-
tions. what the workman may do, anti what he
may not do.
The 6 GPO. iv. cap. 129, which repealed all
the former laws relative to the combination of
workmen, states that combinations interfering
sitL the free employment of capital and labour
ere injurious to trade and coirraerce, dangerous
to the trinignillity of the country, and especielly
to the ibterests of all concerned in them. The
elijeet of the Act is then declined to be to make
erovieion es well for the seemity and pereonal
freedom of individual workmen, in the dieposal
of their skill ii ii lebonr, OS for the security of
property and emeon of minters mid eniployers.
The Act metes the font:ming effences punish-
able by imprisonment, not exceediug :; months,
salt or without bard labour Where tiny
person shall, by violence to tli I erson or pro-
eerty, or by threat e, &e., force, or endeavour to
force, ally joure es tome Ace to depart from this
&e., or return his work before it is fin-
ielied, or prevent, or endeavour to prevent, any
jeurneyinan, &e., not Iwing hired or empleyed,
ar from hiring himself ; or force, or endeavour
ti force, any pm son to belong to any club or as-
eociation, or to contribute to any cowmen fund,
or to pay tiny fine or penalties; or on account
of his Lot having complied filth any rules, Ac..
relative to wages ; or force, or endeavour to
force, ary manufeeturer, Ace to make any alter-
ations in his mode of carrying on business."
The allele scope of this Act is against force
or intimidation in respect to bargains between
masters and men, but it does not prevent, or
intend to prevent fair combination, consultation,
or united action. It, indeed, especially provides
that persons may meet for determining the rate
of wages, the hours of lahonr, Ac.. and may en-
ter into any agreement accordingly. And the
same powers are either given or aeknowledged
to exist among masters. In a word, the princi-
ple of the Act may he stated as the right to
combine, hut not to intimidate or prevent free
action without combination.
A later Act, (the 22 Viet., cap. 84), is still
more explicit in the same direction, and renders
mutual agreement and combination incapable of
being regarded as "molestation or obstruction,"
and takes such mutual action out of the cate-
gory of indictment for conspiracy.
A bill has now been drawn up by some gentle-
men, having, we believe, the interest of working
men at heart; which proposes to repeal these
acts, and partly re-enact them, but the words
which in these nets gives discretion to the
judges it is proposed to omit on the ground of
conflicting decisions having been given, while it
is to be merle more definite what is, anti what is
not unlawful intimidation, Ac. A clause of the
proposed bill simplifies the conspiracy law, and
erovides that on the trial of any person for con-
spiring to commit any offence against the third
section (the intimidation section), it shall not be
lawful to give evidence against the accused of
my act committed by any other person, unless
evidence be first given that the accused was cc-
oessory before the fact. There are also clauses
etimilatine that such offences shall he tried by
he superior judges ; that no trade society shell
-e deemed unlawful by reason of rules as to the
erms on which trade work shall be done; that
the embezzlement of foils by ofileere of trades'
unions ellen be punishable by penal eervitude of
from five to fourteen years, and their stealing
the money or chattels of atrade society ehallbe
larceny.
The object of the promoters of this proposed
enactment is to simplify the law with regard to
combination and intimidation, and to draw a
broad line of distinction between what is legal
and illegal; but it does not so much differ in the
offences legislated against, as it does in the mode
of administering the law. At a recent meeting
of the London trades this was pointed out by
one of the speakers. "As the law now stands,"
he said, " the parties to a snit in which the in-
terests of the trade societies are involved are at
the mercy of the presiding judge. When juries
in ench cases are corepoeed of middle-class
people, the probability is that trades' unionists
will go to the wall. If unionists are the defend-
ants. the probability is that they will have to go
to gaol; if they are plaintiffs it is probable that
the defendants will be acquitted." There may
Ito some little exaggeration in this, but there is
some truth in it, and it would be an improve-
ment on the existing laws, we think, were it en-
acted, as mow proposed, that no person shall be
tried for any offence against the intimidation
section except before justices of oyer and ter-
miner, or gaol delivery.
With regard to protection to the funds of
trades' unions we cannot see that anything more
is required than has already been effected.
Last session an Act, prepared by Mr. Russell
Gurney, was passed, which enacts "that if any
person being a member of any co-partnership,
or being one of two or mere beneficial owners
of any money, &e., shall steal or embezzle any
such money, tte., every such person shall be
dealt with, &c., as if such a person was not a
member of any such co-partnership." Now,
surely, this applies to a trades' union society,
which it emphatically a co-partnership, so far RS
funds are concerned. We are at a loss to see
what more can be required ; and it will be at
least advisable to endeavour to put this law in
force against any defaulting treasurer, &c., be-
fore tiny new act is contemplated. We do not
want so much further laws in reference to trades'
unions as the simplification of those we have.
What is required is, that the rights of workmen
in reference to themselves and their employers
shall be definitely marked out, so that trades'
unions may know how far they may go and where
they must stop.

contly

THE SCIENTIFIC Wothsm.—Have you 'own it? It
macnifie; 32.000 time,. Price thirty-two stamp (post
free), with hook of full instrnctinnv. To he tel only
from A. MCLCI LOCH. 1311.1o,opilical Instrument Maker,
18, Blucher-street, Birminghato.—N.B.—For further
particular, c.'e advertisement in this paper, page 1, col.
uniu 2, 1,,v "Scientific Wonder."