A History of the Durham Miner's Association 1870-1904Wilson, John
History
A History of the Durham Miner's Association 1870-1904
Wilson, John
Coal miners -- Labor unions -- Great Britain -- History; Durham Miners' Association -- History
Standing upon that advice, the trustees refused to allow the money to
be paid. The lodge requested the Executive to call a special Council
to consider whether a grant should be given them. The request was
refused, because, as the rules had been violated and the trustees had
decided that no money should be paid, it was no use calling the
Council, seeing, if the vote were given to pay, the decision could not
be carried out. However, the question was brought forward at the
conclusion of a Council, and the delegates decided to pay a grant
equal to strike allowance, but the trustees refused to allow the money
to be drawn from the bank.
The Executive then placed the position before the members. They said
the giving of a grant was but a form of evading the provisions of the
constitution. The decision of the Council placed the treasurer in a
dilemma: either he had to refuse to pay, or face a prosecution in
court for paying money contrary to rule. The Committee had, therefore,
either to leave the treasurer to his own devices, or call the trustees
together, and place the whole question before them. The meeting was
held in the office of Dr R. S. Watson, who was one of the trustees.
They decided to take the case to the Court of Chancery, and to inform
the Washington Lodge of their intention, and give them the
opportunity of being parties to the case. Mr Isaacs (the Association
lawyer) was instructed to write the lodge, which he did. He said he
was instructed to inquire whether they wished "to be a party to the
proceedings, and if so, to kindly supply me with the name and address
of any one of your members whom you may appoint to represent the
lodge."
After some negotiations, and with the view to make the matter mutual,
the Executive agreed to bear the cost of the trial for both sides. The
hearing did not take place until the 8th of February 1900, but in
order that we may keep it in close connection it will be well to
consider it here. It was heard in the Chancery Court, before Justice
Cozens Hardy. The Association was represented by Mr I. Isaacs, its
legal adviser, and the lodge by Mr C. W. Newlands of South Shields.
There were able barristers on both sides. The judge decided:
Public-domain text, read in full here on John Shaqi.
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