The Express.
London, England, 1867-01-15 00:00:00

LONDON, TUESDAY EVENING, JANUARY 15. ISO 7.

irluosit.

MONDAY POPULAR CONCEITS.

After the usual Christmas recess them, entertain-
ments were resumed last night. when I (err Joachim rem,-
pc.Lrot a 4 leader of the .!u.irtots and solo violinist. The
following wax the programme:

PAM' f.
R.l j:, I. Vat.f 'p. LA 'po,iinanoUS. for two
lola. mud Joadthei,
i. Lot., ll.ilry lIH I.Vv. awl Platti
•• L'otol,rota nott, vi, it" ;Nlatikl.t , is.
L.,1111311 nt:
swou.t.,„ It, t'snloor, Iry 1, so. I, for plato,forte
tdoor, Mr. I hwto,,

rlt:r 11.
Anitnit4., ,
•.......
""""'" j Herr [Adair.
hatti, hatti," Nip I..•niin bile. blotto,
Nig4l..r Matti
4•t, in f. plan..torte, v 1.411,, vkia
nn I vit.loiwelh.. NI M. Charles Hallo% Joachim,
I I cnry :1:01 Viotti , .. M.lzart.

It is nut too much to say that in the elevation
of style remind in music of this grand school Herr
Joachim lea, no equal, while in mechanical facility he
has at least no superior. His coadjutor:4 were worthy
of Lila, and it was evident that much care had been
bestowed on the rehearsal of the quartet, which cam scarcely
ever have been more finely played than on this owe,
&ion Herr Joachim's performance of Bach's sonatas for
violin unacconipanied has long been celebrated for rapidity
of execution, command over the intricacies of " double
stops," and that dignity of style which is indispensable to
a right reading of the music of the grand old classic. It is
difficult to imagine that the sonatas which Bach wrote for
violin done could ever have been played in his time, judg-
ing by the comparatively limited powers of executants at
that period, and other music for the instrument of
the same date. Bach probably, in this case,
wrote with a view rather to abstract possibility
than to immediate realisation. Certainly he could never
have Lewd these pieces played as we now hear them by
HorrJoachim, whose performance last night drew forth, as
usual, a torrent of applause and an encore, which was
responded to by ',laying a movement from another of the
mme set of sonatas. Mr. Halk's pianoforte !playing
exhibited all his well-known minute and careful
mechanism—his phrasing being generally distinct if sot
alway vigorous. Hummel.' song is graceful and refined, as
might be expected from so distinguished a pupil of such •
master as Mozart, but it is in his pianoforte music that
Ihunniel's genius is embodied, his few attempts In the
dramatic style being unworthy of his reputation in other
respects. The song, however, was effective, partly owing
to Miss Pyne's excellent singing. Neither it nor " Batti,
bath," are very eligible for performance in a chamber eon-
cart, belonging as they both do to stage situations, and
requiring orchestral accompaniments. Mr. Benedict was,
as always, the conductor of the evening. For the concert
of Monday next Madame Arabella Goddard and Mr. Sims
Reeves aro announced.

Drama.

HAYMARKET.

The Haymarket comedy of The Seriutia Family
has been revived at this house as en afterpiece, to follow
Mr. Sothern and the Le.sson for Life, and Mr. Buckstooe
appears in his original character of Aminidab Sleek. The
satire of this comedy is coarse and stagey, but the so-celled
" serious " classes can hardly expect to be gently treated
by actors and dramatic authors. The prejudice and ill-
will of the pulpit and the meeting-house are void by stage
caricatures of religious hypocrisy. Thousands of worthy
people look upon Mr. Bnckatone and his fellow-actors as
" lost sheep ; " Mr. Buckstone, as the chief representative
of the existing theatrical profession, probably regards
music-halls as " sinks of iniquity ;" music-hall proprietors
doubtless look down upon penny gaffs, penny gaffs upon
travelling showmen, and travelling showmen upon street
performers.

THE LAW OF CONTRACT BETWEEN MASTERS

AND WoRKMEN.

Last evening, at the meeting of the Law Amend-
ment Society, Mr. A. EIIGAK read a paper on the law as
regards coetneas of service between masters and servants.
He said he propowel to state succinctly the existing law
upon the subject. to consider the grounds upon which it is
supported. and the objections to which it appears to be
liable, and to make some remarks upon the resolutions
agreed to hyth • .elect committeeof the Houseof Commons.
After the extirmtion of vieenage in this country various
attempts wise made to compel lab urea to work and to
fix the rate of wages. It is difficult to ascertaiu bow far
the statutes whet, had these objecta in view were really
operative. lait before the middle of the last century it was
considered that a new was necessary, and that
while the workman must to left free to cuter into a con-
tract for his services, the euutraia ought to be enforced
against him by mieeinal procee lings of a severe character.
Since that time N. : lOntl statutes have beeu 'meted with this
object in vi l'y the s nnctinents on this subject agricul-
tural labourers and artificers employed in manufactures, if
they have contracted in writing to serve any person, and
do not enter on the sei vie,- aceording to the contract, or if
they abet themselves before the service is completed, or
if they be guilty of any oth. r misconduct in the execution
thereof. they may be apprehended and committed to the
house of correction for any term not exceeding three
months. This punishment, however, does not put en end
us the contract, as the offender if he retirees to return to
the merrier may be usain roma-Witted for the same offence.
On the other bawl, if any labourer or workman complains
of any (misusage, he rimy summon his employer before a
justice of the peace and obtain hie discharge from his em-
ployer, and facilities are giver, work 'nee (erre:severing their
wages before it justice of the peace. But notwithstanding
this set-off, it must be admitted that the law has a very
harsh aspect towards the workmen. And not only is the
law with respect to workmen exceptional and hard, but
it is ashninudered by a tribunal which cannot perhaps be
quite impartial. Thu state of the law Mr. &lime oon-
eidered, for various reasons which he alleged, as unjust
and ineenitable, the treadmill being n bad instrument
for enforcing labour. Nor did he think that the
evils to the employer from the non-fulfilment
of the contract on the knot of the worlanan,
was a justification for this state of the law.
He considered that the proceeding against the workmen
ought to be of a civil and not of a criminal character.
Mr. Edgar then referred to the report of the select com-
mittee of the House of Commons on the subject, stating
that it would have been more satisfactory if the committee
bad stated the grounds on which they arrived at the con-
elusion. they did. The resolutions were as follows :
" 1. That the law relating to master and servant as it now
exists is objectionable. 2. That all oases arising under
the law of master and servant should be publicly
tried in England and Ireland before two or more
magistrates or a stipendiary magistrate, and in
Ireland before two or more magistrates or the
sheriff. 3. That procedure should be by summons in
England and Ireland, and by warrant to cite in Scotland
and failing the appearance of defendant in answer to
summons or citation, the court should have power to grant
warrant to apprehend. 4. That punishment should be by
fine, and failing payment, by distress or imprisonment.
5. That the court should have power, where such a MUMS
is deemed advisable, to order the defendant to fulfil
him contract, and also if necessary to compel him to find
security that be will duly do so. 6. That in aggravated
eases of breach of contract, causing injury to person or
property, the magistrates or sheriff should have the power
of awarding punishment by imprisonment instead of fine.
7. That the arrest of wages in Scotland in payment of
fines should be abolished. 8. That a suggestion having
been made to the committee, viz., that in all cases of
breech of contract between master and servant, it should
be competent to examine the parties to the action, as in
civil cases, although the offence be punishable on sum-
, mary conviction, the conuaittee are not prepared them-
selves to recommend the adoption of each a principle, in-
volving as it does a departure from the law of evidence in
such cases as now settled." There were only three of thew
resolutions to which he had any serious objection—the
fifth, the sixth, and the eighth. With regard to the
second, he should have preferred the jurisdiction of the
I county court ; hut as it was doubtful whether a speedy
remedy could he obtained in the county court, the judo-
' diction of two magistrates might on the whole be the best
for the present. He thought, however, that an appeal
should be allowed. He thought also that the proceeding
should be by summons, and not by warrant, and that a
warrant should not be issued except on proof that the
workman meditated eight. From the fifth resolution he
entirely demented. If the defendant were unwilling
to complete his contract, it appeared to him
the only expedient mode was to order bins to
pay such an amount as might be considered proper
damages. As to compelling the defendant to find security
that be would fulfil am contract, he could scarcely imagine
a more unjust and oppressive proceedieg. How was the
' court to compel him to find security ! Was he to be kept
in prison till he did, or till the contract expired! To
have recourse to such an arbitrary and unfair promeding
would only he giving too good a handle to those who
maintain that there is one law for the rich and another fair
the poor. The sixth resolution be considered as mast ob-
jectionable. The seventh resolution related to a matter
peculiar to Scotland, on which he did not feel himself
competent to make any very decides' observations, but
some of the witnesses were 'strongly of opinion that
' although the arrest of wages might be objectionable it
was much better for the interests of the working man to
, adopt this mode of enforcing payment than to have re-
course to a system of criminal treatment. In rejecting
the suggestions mentioned in the List resolution, the
committee appeared to him to hove made a great
mistake. Upon the whole he did not think that the report
of the committee afforded a satisfactory solution of rho
question which was referred to them. It attempted nothing
more than a mere mystification of the present system. It
abolished the warrant in the first instance, and it did away
with hard labour as the punishment, but it still left the
proceedings against the workman for breach of contract
essentially criminal in their character. Something more
than this was necessary to allay the feelings of the working
classes on this matter. He was persuaded that any legis-
lation founded on this report would go but a abort way
towards putting an end to the dissatisfaction and discon-
tent which undoubtedly existed on this subject, and which
he believed would continue to exist until the same measure
of justice was meted out to the working man as to the rest
of the community.
A discussion ensued, in the course of which Mr. FREF.C.
KICK Hitt strongly supported the views of Mr. Elgar, and
said not only ought proceedings against workmen to be of
a civil character, but many of these contract :ought not to
be allowed at all. He moved that the paper be referred to
the committee of this department to report upon it.
Mr. Rowers, hoped the society would not too readily
adopt the views of Mr. Eiger. We had now entered
into a system of competition with foreign countries in the
manufacture of various products which were to be used by
the world at large. The English workman was now more
than ever he was before in direct competition with the
foreign workman. He held that one of the elements of
success was certainty of production within a given and
limited time. If the workman who had contracted to
give his labour for say six months was to turn round at a
critical moment and say, "If you do not raise my wages,
I will leave," it appeared to him that the manufacturer
ought to have the power to bring him to book sharply and
Dr. PANKHURST observed that when once the statute
book was cleared of this legislation he did not know
whether they would be more astonished by the law itself
than by the reasons that were assigned for it. The law
was a badge of servitude. On what ground could they
justify. the arming of ono party to a contract with the
authority and sanction of the penal law, and denying the
same thing to the other! That was the whole question.
blr. Newnoi asked whether Mr. Eiger had carried out
his views to the extent that they would cant him ;
whether they were to be confined to civil proceedings in
the case of soldiers and sailors.

Mr. E~ ara rid the case of soldiers and sailors did
not apply. They had planed themselves under a different
status.

Mr. J. T. DANN INC said the rationale of the law wu that
this legislation wee for an inferior class, and that wu
what it was kept up for. It was monstrous that a man
should be able to enforce his contract by imprisonment.
while he himself, if he broke his contract, was only subject
ton fine.

TEgLo' remarked that the very few cases of
persons being brought before the magistrates in the metro-
polis showed that in practice the law was not oppres-
sive. He knew of a can in whick a number of locomo-
tives were left unfinished in consequence of the men
'wiring their employ. This was a matter which required
to he looked at on all sides.

Mr. APPLFGARTII, of the Amalgamated Society of Car-
penters and Joiners, spoke strongly against the continuance
of the ',resent law.
Mr. E. Porreg, M.P., said having been one of a select com-
mittee whmrresolution had been so strongly condemned,
perhaps he might be allowed to say a few words. He was
strongly opposed to the law, because in the first instance
he never saw the necessity of it, and never as an employer
or as a magistrate knew of a working man being sent to
prison for an infraction of the law. He went into the
committee expecting that they should have a large
amount of evidence of the grievance of this law, and he
came out of it very mach surprised with the small effect it
had in the entire country. There was scarcely a case,
except one of a distant date. The question was
a very serious and exceedingly delicate one,
and he was exceedingly anxious that it should
not be legislated upon too rapidly. The law
was most intimately connected with another very
difficult subject, the subject of trades' onions, and he
thought it desirable that that question should be referred