New-York tribune., 1903-01-06
LABOR UNIONS DIS4RNED
Strikes Rendered Impossible by Taft
Yale Decisions.

employed have been transformed and strikes
rendered financially ruinous to trade unions by
q series Of decisions supplemented by verdict
IN the Taft Vale case; and these momentous
results have been accomplished by close and
rigid Interpretation of laws framed for the pro-
1ection Of the interests Of combined labor Some
lawyers frankly admit that the intention of
trade union Law has been reversed, and others
assert that various questions undetermined for
thirty years have been settled by the House Of
Lords This hair splitting does not deceive
either Ia Dor asitators writers on economic
questions. They perceive clearly the truth that
in consequence of the revised Interpretation of
laws enacted in the interest of organized labor.
employers, instead of being restricted TO police
measures against individual strikers, can now
proceed by injunction against the trade union
and collect damages from il for all Illegal acts.
such as picketing. intimidation. solicitation and
obstruction Of the right Of the unemployed TO
sell their labor Strikes have been occurring
constantly since 1870, and system Of >compul-
sory arbitration seemed TO he the only practical
method OF preventing disastrous conflicts be-
tween capital and labor. The highest courts
have now interviewed revisers Of principles
o. Interpretation. and strikes have been rendered
impossible since the working organizations viii
he exposed TO bankruptcy whenever eVolt
against employers is ordered on large scale
Kingdom was the direct result Of the intro
6uction of labor saving machinery toward the
close OF the eighteenth century, the cotton spin
rers calico printers weavers and wool comoers
OF Lancashire and Yorkshire leading the way,
and the scissors grinders OF Sheffield and the
metal workers Of Birmingham supporting the
movement. Laws were enacted by which such
combinations Of workingmen were prohibited,
hut these were repealed after 1926 and statutes
-la lad dPrG
unions from prosecution for conspiracy 1he
obvious purpose Of this and Of subsequent legis-
1srion was 10 limit measures Of redress 10
actions against individual strikers, and thereby
n protect the trade unions: and their status
vas raised and improved when they were al
lowed the privilege of registration as corpora
tons and OF holding real estate and making Sc
cure Investments OF their surplus funds Their
existence is now directly menaeed by their
material resources and prosperity For half
century a strike has been the most formidable
v-espon in reserve for the promotion and vindi-
cation Of the interests of labor: but it is now
Y,1rned AGAINST the organization itself A labor
revolt cannot be conducted effectively without
recourse TO illegal acts, for which the union
can be held financially responsible TINS Is the
confession OF labor agitators who have follo"ed
the procedure in the Taft Vale htigations DUR
ing the last two years. and il is confirmed ny
the dictum OF the Judge who submitted the
case for damages 10 the jury: You cannot
make strike effective without doing more thall
Is lawful" The penalties for these Illegal acts
I-,,ol,-e The solvency Of the trade unions
The importance Of the subject justifies COM
rreheaslve summary Of the legal processes me
Tar Vale strike began in August, 1SVo, WIN the
stoppsge Of work Of twelve hundred men, two
thirds of whom had not given notice Of their
Intentions The Taft Vale Railway Company
applied for an injunction against the Analga-
mated Society OF Railway Servants restraining
II from picketing. intimidation and other Illegal
acts The union raised the objection that 1t
could not be held collectively responsible for the
proceedings OF the strikers. but Justice Farweh
esve-ruIed this point and granted the injunction
The case was carried 10 the Court Of Appeal,
which reversed the decision and sustained the
objection that the union could not be SUED un-
der its registered trade name. The House OF
Lords in turn unset the reversal and restored
the name Of the Amaigamated Society Of Rail
way Servants in the original injunction; and
concurrentIy il the case known as Quinn agt
Tezrha77 the same tribunal of last resort re-
affirmed The Judgment of the Court Of Appeal in
LYONS sgt Williams that picketins except Tor
-he purpose Of obtaining information. Is action
able as q nuisance at common law with rhese
decisions Involving new interpretations Of trade
union law before him, Justice Wills mad no
choice Of procedure when the IAN Nale f'ali-
way COMPANY brought suit for damages against
the Analgamated Society Of Railway Servants
for EOS oO9. naming as defendants the general
and organizing secretaries and the trustees oI
4re societz-s funds He applied these new prin-
ri-Jes Of INTERPRETATION 10 the case, summing UP
heavily against the society when conclusive
rroof was offered that il was behind the strike
and responsible for various Illegal acts OF in
tiraidation. solicitation picketing and interfer-
cree with The railway oompany's business. and
securing from the jury an immediate and de-
c:sive verdict against trade unionism
So si-er- was the bearing Of these new de-
c-siors relating 70 picketing and the financial
responsibility Of trade unions for Illegal acts
that II was amazing that there was any defence
in this case A compromise might easily have
baen effected since il was evident that the So
cietv had been Influenced by oldtime views re-
specrine its lack of liza biity for the conduct Of
agents but the officials determined 10 contest
stubbo-nIy every inch Of the ground, and fort
night was occupied with a costly litigation.
wben the final result could only have been re-
Esrded ss the inevitable sequel to the decisions
OF the House of Lords Even with the best
LEGAL talent available for the examination OF
Witnesses and for summing UP the evidence, il
Was frnpracticable for the officials TO conceal
their responsibility for various irregularities in
the conduct Of the strike; and in the end the
5r-~ taking the law from the bench, pronounced
Judgment against them The illegalities were
The ordinary incidents Of a strike. such the
esta blishuaeut of a Gordon OF union pickets
around the connpany's works. arguments and in
ducements for psrsuading men not 10 ask Tor
eraployrent solicitations 10 quit work. and in
reference with business operations All these
L-,se se-s~ ~1