The History of Trade Unionism: (Revised edition, extended to 1920)Webb, Sidney
History
The History of Trade Unionism: (Revised edition, extended to 1920)
Webb, Sidney
Labor unions -- Great Britain -- History
The widely advertised public action of the London Trades Council
excited considerable interest in provincial centres of Trade Unionism.
We see the Council in frequent correspondence with similar bodies at
Glasgow, Nottingham, Sheffield, and other provincial towns, and often
exercising a kind of informal leadership in general movements. But it
would be unfair to ascribe the whole initiative in legislative reform
to the London officials. Under the brilliant leadership of Alexander
Macdonald, whose work we shall hereafter describe, the force of the
coal-miners was being marshalled for Parliamentary agitation; and
Macdonald’s friend, Alexander Campbell, was bringing the Glasgow Trades
Council round to the new policy. And it was Campbell and Macdonald,
working through these organisations, who carried through the most
important Trade Union achievement of the next few years, the amendment
of the law relating to master and servant.
It is difficult in these days, when equality of treatment before the
law has become an axiom, to understand how the flagrant injustice
of the old Master and Servant Acts seemed justifiable even to a
middle-class Parliament. If an employer broke a contract of service,
even wilfully and without excuse, he was liable only to be sued for
damages, or, in the case of wages under £10, to be summoned before a
court of summary jurisdiction, which could order payment of the amount
due. The workman, on the other hand, who wilfully broke his contract
of service, either by absenting himself from his employment, or by
leaving his work, was liable to be proceeded against for a criminal
offence, and punished by three months’ imprisonment. This inequality
of treatment was, moreover, aggravated by various other anomalies. It
followed by the general law of evidence that, whilst a master sued by
a servant could be witness in his own favour, the servant prosecuted
by his employer could not give evidence on his own behalf; and it
frequently happened that no other evidence than the employer’s could
be produced. It was in the power of a single justice of the peace, on
an information on oath, to issue a warrant for the summary arrest of
the workman, who thus found himself, when a dispute occurred, suddenly
seized, even in his bed,[384] and haled to prison at the discretion of
a magistrate, who was in many cases himself an employer of labour. The
case was heard before a single justice of the peace, and the hearing
might take place at his private house. The only punishment that could
be inflicted was imprisonment, the law not allowing the alternative of
a fine or the payment of damages. From the decision of the justice,
however arbitrary, there was no appeal. Finally, it must be added, the
sentence of imprisonment was no discharge for a debt, so that a workman
was liable to be imprisoned over and over again for the same breach of
contract.[385]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account