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 formation of the Amalgamated Society of Engineers, with its large
accumulated funds, had renewed the anxiety of the Trade Union officials
as to the extent to which a trade society enjoyed the protection of the
law. Although the Act of 1825 had made trade societies, as such, no
longer unlawful, nothing had been done to give them any legal status,
or to enable them to take proceedings as corporate entities. But in
1855 a “Metropolitan Trades Committee” succeeded in getting a clause
intended to relate to Trade Unions inserted in the Friendly Societies
Act of that year. By the 44th section of this Act it was provided
that a society established for any purpose not illegal might, by
depositing its rules with the Registrar of Friendly Societies, enjoy
the privilege of having disputes among its own members summarily dealt
with by the magistrates. Under this provision several of the larger
societies had deposited their rules, believing, with the concurrence
of the Registrar, that this secured to them the power to proceed
summarily against any member who should, in his capacity of secretary
or treasurer, detain or make away with the society’s funds.[399] So
thoroughly has the legality of their position been accepted by all
concerned, that on the establishment by Gladstone of the Post Office
Savings Banks in 1861, he had, at the request of the Trade Union
leaders, expressly conceded to the Unions, equally with the Friendly
Societies, the privilege of making use of the new banks.
This feeling of security was, in 1867, completely shattered. The
Boilermakers’ Society had occasion to proceed against the treasurer
of their Bradford branch for wrongfully withholding the sum of £24;
but the magistrates, to the general surprise of all concerned, held
that the society could not proceed under the Friendly Societies Act,
being, as a Trade Union, outside the scope of that measure. The case
was thereupon carried to the Court of Queen’s Bench, where four judges,
headed by the Lord Chief Justice, confirmed the decision, giving the
additional reason that the objects of the Union, if not, since 1825,
actually criminal, were yet so far in restraint of trade as to render
the society an illegal association. Thus the officers of the great
national Trade Unions found their societies deprived of the legal
status which they imagined they had acquired, and saw themselves once
more destitute of any legal protection for their accumulated funds.
Public-domain text, read in full here on John Shaqi.
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