The San Francisco call., 1901-10-07

VI the London Chronicle, has directed atten-
ton in the October Forum to important decision
of the House of Lords in affecting the liability
of British labor unions and be sued as corpor
ations AS Mr.. Low points out the decision is not
only of great importance to British labor unions but
also of interest the people of this country since
the trend of legislation here is not widely different
from that of Great Britain.
The case arose out of strike on the part of the
employees of the Taft Vale Railway. The strike was
ordered by the Amalgamated Society OF Railway Ser
wants, powerful labor union and the railway station
at Cardiff picketed by the strikers The railway
company thereupon applied for an injunction against
two of the officers of the Amagamated Society to
restrain them from watching and besettng the station
and the adjacent property claiming that their actions
in violation of the conspiracy and protection
property act The plaintiffs further asked for
injunction against the society itself on the same
ground. The application opposed by the Anal
gamated Society upon the ground that being neither
corporation an individual the society could not
be sued in a quasi corporate, in any other
capacity and that action in would not lie.
Justice Farwell in granting the injunction con-
ceded that trade union is neither corporation nor
individual, a partnership among number of
individuals but maintained that trade union is
the less in the eyes cf the law corporate body"
and as such is qualified to and be sued.
An appeal was taken from the decision of the
Justice, and hearing before the Court of Appeal
the decision of the lower court was overruled The
Master OF Rolls, who delivered the decision with the
concurrence OF the other Justices held that the society
could not be held a society, and pointed that
in the trade union acts there is provision
empowering trade union to sue or to be sued except
in relation its property. The injunction
therefore dissolved and the defendants given
costs but the plaintiffs given leave to appeal
til House of Lords, which they did.
The House OF Lords has overrued the Court
of Appeal and confirmed the decision of Justice Far
well. The Lord Chancellor in moving that the appeal
be allowed said: I'm this case am content to adopt
the judgment of Mr.. Justice Farwell with which
entirely agree and cannot find satisfactory answer
to that judgment in the judgment of the Court of
Appeal which overruled it. If the Legislature has
created thing which property, which can
employ servants and which infict injury it must
be taken, think to have implicitly given the power
to make il suable in the courts of law for injuries
purposely done by its authority and procurance"
Being thus authorized to for damages the Taft
Vale Railway Company has entered suit against the
Amalgamated Society for 100000 damages That suit
has not yet come on for hearing but the principle
of law established by the decision of the Lords has
been recognized virtually creating an entirely new
relation between labor unions and the public in Great
Britain
1t is said that many Of the labor union leaders
believe the effects of the decision will be beneficial
to unonism, since employers will hereafter for their
own protection, deal solely with union labor and
ignore non-union men because the unions are re-
sponsibe for their acts, while individual workers can
escape civil liability On the other hand is believed
by British employers that if the unions can be held
for damages for injury done by strikers the unions
will be mere cautious in ordering strikes 1t would
seem, therefore, that both sides the controversy
expect beneficial results from the decision, and it
goes without saying the effects OF will be watched
with almost much interest in this country as in
Great Britain itself.