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The Commoner.
APRIL 24, 1003.
3
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Louis Guenther, Publisher.
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THE MAIL' ORDER JOURNAL
II9 Dearborn Street, Chicago.
Special Offer to Advertis) headers
' Mention Commoner and samdlc coov will be
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journal lor six xnonins upon inai wiwi me uuaer
standing money returned if not satisfactory.
"The demand for the incorporation
of trade unions is the last trench of
those who oppose organized labor."
These were the opening words of an
article on "Should Trade Unions In
corporate?" in the February number
of the American Federatlonist by
Clarence S. Darrow, of Illinois, chief
attorney for the mine workers before
the anthracite coal commission.
These aro strong words. But it Is
certain that they do not exaggerate
the sentiment among trade unionists.
On the other hand, it is as clear that
they seem preposterous to many fair
minded men who have no direct con
nection with trade unions, but who
think they should be "made respon
sible for their actions," -and who
wish to see justice done between, as
they phrase it, "labor and capital,"
although, as I have repeatedly pointed
out in this department, the real con
flict is not between labor and capital,
but between labor and monopoly.
It will, therefore, be well for us to
make a careful, dispassionate exam
ination of this question of trade
union incorporation, showing why the
trade unions oppose it and why the
large monopoly combinations have
within the past year and a half, and
especially within the last six months,
kept harping upon the necessity for it
Both parties to the controversy
keep referring, somewhat vaguely,
however, to the British "Taff Vale"
case: the monopoly combinations in
timating that it furnishes a precedent
for action in this country; the trade
unions mentioning it as a warning of
what may happen to organized labor
bodies hero - if they venture on In
corporation. Let us, then, look into
this case.
In August. 1900, a strike occurred on
the Taff Vale railway, an important
railroad traversing .Wales, and having
its chief terminal in the city of Car
diff. The strike was a serious matter
for the road, as the men were well or
ganized. Eut the railroad had in its
employ a number of ingenious law
yers, such as every railroad in -private
hands endeavors to employ.
These gentlemen of the bar devised a
line of attack, that proved not only
successful in breaking the strike, but
which put trade unionism throughout
Great Britain in a very critical sit
uation. These lawyers proposed to appeal to
the courts for ah interpretation of the
trade union laws under which the
strikers, as well as all other trade
unionists In Great Britain, were or
ganized. These laws were embodied In two
acts; one of 1871 and another of 187U.
Their obvious purpose was to permit
workmen to organize -for mutually
helpful purposes, and they specified
what should be lawful and what un
lawful. For more than twenty-five years
these laws have stood on the statute
books, during which time no one ever
suggested that they could have any
meaning other than that which thoy
bore on, their face.
But the Taff Vale company realized
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1.UYTIES BROS. MERCANTILE COMPANY, ST.LOUI8, MISSOURI.
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that it would have to find a now
meaning, or else it would lose its
strike. So its lawyers went before
Judge Farwell, of one of tho lower
courts, and obtained an order en
joining Organizing Secretary Holmes
and General Secretary Boll, of tho
amalgamated society of railway ser
vants, from certain acts of participa
tion in tho strike. This was seen not
to be broad enough, however, since it
restrained these two officials, but did
not reach tho other membors of the
union.
So a week later tho lawyers made a
bolder move. They went before the
same Judge Farwell and brought an
action against the Amalgamated So
ciety of Railway Servants "in its reg
istered name," asking not only for an
injunction against the union, but also
for "such further relief as the court
might direct"
The attorneys for the men made a
motion- to strike out the name of their
societythe Amalgamated Society of
Railway Servantson the ground that
It was not an incorporated body, and
hence was not suable in its registered
name, against which, therefore, an in
junction order could not lie.
But tho judge made a sensation
throughout the couritry by deciding
that, although not incorporated, a
trade union could be sued in Its registered-
name, and that an injunction
would lio against that name. He said,
in part:
"The defendant society have taken
out a summons to strike out their
name as defendants, on the ground
that thoy are neither a corporation
nor an individual, and cannot be sued
in. a quasi-corporate or any other ca
pacity. Failing this, they contend
that no injunction ought to be granted
against them.
"The legislature- in giving a trade
union tho capacity to own property
and the capacity to act by agents
has, without Incorporating It, givon it
two of the essential qualities of a
corporation essential, I mean, in re
spect to liability, for tort, for a cor
poration can only act by its agents,
and can only be made to pay by
means of its property. . . .
"The fact" that no action could be
brought at law or in equity to com
pel the society to Interfere or restrain
from interfering in the strike is im
material r it is not a question of the
rights of the members of a society,
but of wrong done to persons outside
of the society. For such wrongs, aris
ing as they do from tho wrongful con
duct of the agents of the society, the
defendant society is, in my opinion,
liable. . . .
"I have now to consider the ques
tion whether an injunction should be
granted against the society in addi
tion to that granted last week against
Messrs. Bell and Holmes, and I am
of opinion that it should. ... I have
already held that the society are lia
ble for the acts of their agents to the
same extent that they would be if they
were a corporation, and it is abund
antly clear that a corporation under
tho circumstances of this case would
be liable."
No such construction had ever be
fore been made by any court in the
kingdom, and the amalgamated so
ciety at once carried an appeal from
Judge Farwell to the higher court of
appeal. This court unanimously re
versed Judge Farwell. It held, that
a trade union society cannot be suei
in its registered name, and that an
enjoining order, therefore, cannot lie
against it
It was now the turn of the Taff
Vale Railway company to be dissat
isfied. It made appeal from this court
of appeal decision to the still higher
court of the house of lords, the high
est tribunal in tho land.
"On July 22, 1902 the Jaw lords
unanimously reversed the unanimous
judgment of tho court of appeal, and
restored that of Judge Farwell. Each
of tho judges delivered a briof opin
ion. Tho Earl of Halsbury, L. 0.,
said:
"If tho legislature has created' a
thing which can own property, which
can employ servants, and which can
(Continued on page Id)
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1
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