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 employers vehemently attacked the Government for conceding, as
they said, practically all the Trade Union demands.[414] But from the
men’s point of view this “complete charter legalising Unions” had a
serious drawback. The Bill, as was complained, “while repealing the
Combination Laws, substituted another penal law against workmen” as
such. A lengthy clause provided that any violent threat or molestation
for the purpose of coercing either employers or employed should be
severely punished. All the terms of the old Combination Laws, “molest,”
“obstruct,” “threaten,” “intimidate,” and so forth, were used without
any definition or limitation, and picketing, moreover, was expressly
included in molestation or obstruction by a comprehensive prohibition
of “persistently following” any person, or “watching or besetting” the
premises in which he was, or the approach to such premises. The Act
of 1859, which had expressly legalised peaceful persuasion to join
legal combinations, was repealed.[415] It seemed only too probable
that the Government measure would make it a criminal offence for two
Trade Unionists to stand quietly in the street opposite the works of
an employer against whom they had struck, in order to communicate
peacefully the fact of the strike to any workmen who might be ignorant
of it.
It does not appear that Bruce’s fiercely resented “Third Clause”
was intended to effect any alteration in the law. Its comprehensive
prohibition of violence, threats, intimidation, molestation, and
obstruction did no more than sum up and codify the various judicial
decisions of past years under which the Trade Unionists had suffered.
But the law had hitherto been obscure and conflicting; both the
statutes and the judicial decisions had proceeded largely from a
presumption against the very existence of Trade Unionism which was
now passing away; and the workmen and their advisers not unreasonably
feared the consequences of an explicit re-enactment of provisions which
practically made criminal all the usual methods of trade combination. A
recent decision had brought the danger home to the minds of the Trade
Union leaders and their legal friends. In July 1867 a great strike had
broken out among the London tailors, in which the masters’ shops had
been carefully “picketed.”[416] Druitt, Shorrocks, and other officers
of the Union were thereupon indicted, not for personal violence or
actual molestation, but for the vague crime of conspiracy. The Judge
(Baron, afterwards Lord, Bramwell) held that pickets, if acting in
combination, were guilty of “molestation” if they gave annoyance only
by black looks, or even by their presence in large numbers, without any
acts or gestures of violence, and that if two or more persons combined
to do anything unpleasant and annoying to another person they were
guilty of a common law offence. The Tailors’ officers and committeemen
were found guilty merely of organising peaceful picketing, and it
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