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"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 CARPET BOOK FREE Twenty-five cents per yard buys this bandsomo heavy weight Granite Carpet, HM4. It ha largo rose and foliago pat tern In red. black, pink, grcon and creasa surrounded by scrolls In same- colorings It la tho best carpet ever offered at the price. Don't order a carpet unty ?'oa have seen our now and handsomely Uustrated Carpet Book and Catalogue ILLUSTRATED IN COLORS showing exact colors and designs of oar entire Uno of Ingrain, Brussels, Velvet and Axmlnlster Carpets as well as Portlera and Rugs. This book also contains complete lino of Stoves and Furniture. Our prices as weU as our goods aro guar anteed. Upon receipt of your same and addresswewillsendyonthls r"DCC beautiful book absolutely Kr KBK 1.UYTIES BROS. MERCANTILE COMPANY, ST.LOUI8, MISSOURI. JnHclB2Ul ts5 aRfiaHJaAiMhwMr A!aebbbWBP oB IkWvBmA aCal(SQffiKaP Bb-w itSBaybWfcmiCiBMaWEiaawat AffMN 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) cram trees tsfisjsr J I pfc Faurr noox free. 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