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
to meet the operatives, when the whole Strike Committee was suddenly
arrested by the police, and held to bail under the common law for the
crime of combination, of which the authorities, in that revolutionary
period, were very jealous on purely political grounds. The five
leaders were sentenced to terms of imprisonment varying from four to
eighteen months; and this blow broke up the combination, defeated the
strike, and put an end to the struggles of the operatives against the
progressive degradation of their wages.[104]
The London artisans, though they were not put down by prosecution and
imprisonment, met with no greater success than their Glasgow brethren.
Between 1810 and 1812 a number of trade societies combined to engage
the services of a solicitor, who prosecuted masters for employing
“illegal men,” that is to say, men who had not by apprenticeship
gained a right to follow the trade. The original “case” which the
journeymen curriers submitted to counsel in 1810 (fee two guineas),
with a view to putting in force the Statute of Apprentices, was in
our possession, together with the somewhat hesitating opinion of the
legal adviser.[105] In a few cases proceedings were even taken against
employers for having set up in trades to which they had not themselves
served their time. Convictions were obtained in some instances; but no
costs were allowed to the prosecutors, who were, on the other hand,
condemned to pay heavy costs when they failed. Lord Ellenborough,
moreover, held on appeal that new trades, such as those of engineer
and lockmaker, were not included within the Elizabethan Act. In 1811
certain journeymen millers of Kent petitioned the justices to fix a
rate of wages under the Elizabethan Act. When the justices refused
to hear the petition a writ of mandamus was applied for. Lord
Ellenborough granted the writ to compel them to hear the petition, but
said they were to exercise their own discretion as to whether they
would fix any rate. The justices, on this hint, declined to fix the
wages.[106] It soon became apparent that legal proceedings under these
obsolete statutes were, in face of the adverse bias of the courts,
as futile as they were costly. There was nothing for it then but
either to abandon the line of attack or to petition Parliament to make
effective the still unrepealed laws. This they accordingly did, with
the unexpected result that the “pernicious” law empowering justices to
fix wages was in 1813 peremptorily repealed.[107]
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