The labor world. [volume] (Duluth, Minn.) 1896-current, 1906-12-29
TRADE DISPUTES: BILL
ID HOUSE Of COMMONS.
Clause of Bill Not Free From
Antiquities May Lead to
Litigation.
House of Landlords" Is Now :.
Threshing Measure Over.
Much Interest. =.


Much Interest. =:
Fl London, Dec. 20-Now that the
Trade Disputes bill of the government
has passed throuhg the British House
Of Commons, with some slight amend
ments, it will be useful to glance at
its finished provisions before it is
dealt with by the House of Landlords.
It is supposed to be now watertight
against all possible assaults in the
courts of law. The first clause abol-
1shes the law of conspiracy, as far as
trade disputes are concerned-that is
to say, acts done by two or more per-
sons In agreement are not to be ac-
t1onable, unless they are actionable If
done by one person only. For many
years in Parliament the Radical mem
bers have endeavored to secure the
amendment of the law of conspiracy.
The government are to be congrat-
ulated that at last they have succeed
ed In accomplishing this long delayed
reform.
The second clause makes peaceful
picketing legal. Until the judges rode
rough-shod through the Conspiracy
and Protection of Property Act, 1875,
it was always supposed that peaceful
picketing was authorized by law. The
new proposed law enacts that persons
acting ION their own behalf" or on
behalf of trade union, or of an en-
ployer in the furtherance of a trade
dispute, may attend at, or near, "a
house, or place where person re-
sides, or works, or carries on business,
or happens to be-" if they do so to
peacefully persuade any person to
work, or to abstain from work.
Both these clauses are certain to be
challenged in the courts. In the first
place, what is a trade dispute? OF
course,,it is defined in the bill to mean
"any dispute which is connected with
the employment, or unemployment,
or the terms of the employment, or
with the conditions of labor of any
person" These words are pretty COM
of the subtleties of the courts we shall
be agreeably surprised if the legal In.
tellect falls to pick any hole In this
definition. Indeed, there have been,
trade disputes not connected with ems
ployment. or non-emplo loyment, OF cons
ditions of labor, such as the case Of.
the unpopular managing partner, or de
rector of firm. - %
Next, what is the meaning of peace.
fully persuaded"? When does peace
full persuasion end, and criminal an
noyance begin? And more especially
do we see some danger of the law
courts finding material for the exer-
else of their powers in the phrase
happens to be"; that is, man may
be peacefully persuaded by one or,
more persons whenever he Happens
to beat home, at church, at the
public-house, on country walk. It is
criminal offense to persistently an
noy any person. We think we see here
prospect of the criminal law being
used, apart altogether from the pro-
visions in this section of the bill.
Clause Three exempts from civil LA
biltty an act done by person In fur
therance of trade dispute which in
duces some other person to break a
contract of employment, or Is an in
reference with the trade, business or
engagement of some other person.
Suppose, during strike, some one
libels worker in the employment OF
a master who has trade dispute, in
order to obtain, and does obtain, the
dismissal of this "blackleg"; would he
be liable? Under this clause it would
seem that he would not. And the
same remark would apply to the en-
ployer, as, for instance, saying he was
about to become bankrupt, in order to
interfere with his business, so as to
bring pressure upon him to end a
strike.
Clause Four is the pre-Taff Vale po-
sition, and something more. No ac-.
tion shall be brought against a trade
union, or against the employers, for
any civil wrong committed by, or on
behalf of either of them. This will
authorize the free circulation of "black
lists" by both workmen and masters,
and, as in the case of Clause Three, Of
trade libels.
Clause Five is the only other clause.
and it is merely concerned with the
definition of terms used in the bill.
These remarks will show that the new.
measure, when it becomes law, as We
suppose it will now so become, after
the death-bed speech of Mr.. Balfour5
in It's favor, is still not free from legal
antiquities, likely to lead to lftiga-
tion. Indeed, it seems almost impossi-
BILE to frame measure which should
pass unscathed from the claws Of the
"fured law cats" Nevertheless, 1t Is
a great charter for organized labor,
and the democracy must recognize that
they owe a debt OF gratitude to the
Liberals for having carried so mo-
mentous a reform In face of the bitter
opposition of the Tories.
Mr.. Union Man:-Notify your milk
dealer that the Bell Phone is Unfair.