LABOUR AND LAW.

Dominion, Volume 3, Issue 697, 23 December 1909, Page 7

LABOUR AND LAW.

• * . MEMBERS' PAY. « MUST NOT COME OUT OF TRADES UNION FUNDS. DECISION Or HOUSE 01 , LORDS (II; lolcerapb -Prma Am rliilon -CimjrUhtl London; Decomber 21. /With regard tp the case the Amalgamated Societj of Railway Servants versus W V Os borno (a branch secretarj of the society), re garding tho legality of trades union loviee for piymont of Labour members of tho House of Commons, Lord Halsburj doli\ercd tho House of Lords' unanimous judgment, which affirmed Ijlie decision of tho Appeal Court against tho payment Lord Macnaghten, concurring in Lord Halsbury's rennrlvs, held that there was nothing in the Trades Union Acts conferring the powers of collecting and administering funds for political pui poses Lord James of Hereford declared ttat the application of money for tho maintenance of a member whoso act was regulated by a rule re quiring membership of the Labour party was ultra vires Lord, Atkinson held that such application was oppresnve Lord Shaw considered tho imposing of con ditions on a member of the House of Commons was contrary to pnbhc policy PAYMENT OF ALL MEMBERS (Rec Decomber 22, 1110 pm) | London, December 23. In a leading article, the "Chronicle" (Liberal), in view of tho judgment of Lord Shaw (for. merlj Lord Advocate in tho present GoTern tnont), deprecates an alteration of the law in -order to reverse the House of Lords''judgment;. ' and suggests -payment of.members instead. ■~ . j , '■'< [Tho House of Commons passed a resolution' on March 7, 1906, in favour:of.the payment of members of that House .by a'majority,of 238. Tho; late/.Prime: Minister, ■ _Sir H v . Campbell-Bsirinerman,-speaking: on- this occasion, said: "Why. do'I; and: I /.think most: o£ my. ; hon.friends,- if .not; all of them, agree/to .this'resolution ? ! What,■'.' after, all, ■is ;the: object : of. our. iwhole system of registration and of voting.from.one /.end to' tho other ?';' It'is .to ■: obtain a - genuine', and representation of the. people. ; '..:;V:. .What would .be:. tho : advantage if-this; impediment in the way. of., a candidate' wo removed?. In the 'first' place .there would be, a free choice open''.'to 'the constituency, which, surely comes .to something. ,; Secondly, : I maintain that under the present system—whether duo 'to that system or • not I cannot .wholly; say—but;too .often,. I believe, the:relations between constituents and' members are perverted. The'idea pervading men's minds re that':a con-, stitaency'is doing the member'a favour by returning him'; to; Parliament:.' 1 It "ought to be' exactly''the Tevepe.'..:''.,.';Thei'liihold that, if every. meraber,,of .this . House had this small BUTfl'.to cover the;extra. eipenses he is put to by livirigin London, it would, so far from debasing,: 'exalthis : feeling/bf. .independence. He ■wpuld'no'loriEer',. : feel;that W had to look to anyone •• to ni aintain: him in the position 'in which;he 'stood"] V ,^. '/!-.?■'. ; :■■■

VOLUNTARY SUBSCRIPTIONS. APPEAL TO POLITICAL PATRIOTISM. (Kcc. December 22, 11.10 p.m.) London, December 22. Mrl Richard Bell, General Secretary of the Amalgamated Society of Eailway Servants (who was roceutly reported to bo retiring from his position'of Labour M.P. for Derby, partly owing to tho Derby Trades Council disowning him for refusing to sigu the Labour party's constitution), saj's that the 'judgment of tho Houso of Lords affects trades union representation for the better, because Labour, members of tho Hoiipo of Commons will 1 now cscapo the tyranny to which they have been - subjeoted during tho last 'fo'ur''years , ?' ; *Th'o'indgment will l also make easier the position of men like Messrs. Burt and Fenwick, the Northumberland minei-s 5 who refuse to sign the Labour party's constitution. ' ' • Tho Amalgamated Society of Eailway Servants has circularised, its, members asking whether the sum of '£4186 affected by the judgment shall bo refunded or .transferred to tho Kailwaymen's Parliamentary Representation Association. , , Mr. Will Steadman, Labour MJ>. for, Central Finsbury and secretary of the Barge Builders' Union, declares that if trades unions have any manhood they will find the money ' for Labour'members' salaries "by voluntary subI scriptions. i , Mr. Pete Curran, Labour , M.P. for Jarrow tind chairman of the General Federation of Trado Unions, states that'most of the societies will willingly subscribe to a voluntary lfry, and the next Parliament will amend tho Act of 1571.. Mr. Ramsay Macdonald, Labour .M.P. for Leicester, declared that tho judgment cannot stand. ,

THE ORIGINAL JUDGMENT. ARGUMENT-'FOR LEGALITY OP THE • .PAYMENT. The question was originally raised boforo JuiKce Neville last year, in .an action "•■""Shi by Mr. W. V. Osborne, secretary ot Jie. Walthamstow branch of the Amalgamated Society of .Railway Servants, against tho society and its trustees. Mr. Osborno complained of an amendment inserted in tho rules of the union at the annnal general meeting held at Cardiff in October, 1906: "All candidates' shaU 'sign and accept tho conrtitions of ttjo Labour party and bo subject to their whip. He asked for an injunction restraining'the defendants from misapplying the funds ot tho society. , lv, '" b uw The real point in the litigation was whether tms society was entitled to ally itself to a general political parly-tho Labour party, whose objects and policy, it was eubmitted were nothing like bade unionism, but had as their ultimate goal Socialism. Mr. Justice Neville's decision-since roversed .by the Court of Appeal,; and no* by. the House of Lords-was in favour of tho legality of tho payment. In giving judgment,-ho said it was conceded that the application of tho funds of the union towards procuring parliamentary repres.entahon in the interests of the member' was not ultra virra. The objects of the society were to improve the condition and protect tho interests- of its mombers, promoto better relations between employer and employed, and provide for tho safety of railway .rork and traffic It was not an unruasonablo view oi its powers to hold that it was entitled to spend■ money for.ithejpurposovofinauencina ■ ; t|o\canr«; v,pt:- legislation y where those objects, .and 'he j did not think -it could ■be said/that...the,money .spent ui'pxercisinif influence.:;must'be limited.*: cases members ;of the, union, alone: were 'benefited .because .it was obvjous that -■in .almost .every cas o _?» Act, of.-.•■ Parliament, procured for the .benefit: of a .particular■: union must necessarily includi> j the ..mombfirs; of:.other 'unions ■ ' ■:.M ftnexourse: taken .was■.;in.;the interests;of thO:members;;of. the union, the wisdom or folly «vls •«?"/? a matter:with whioh.-tho. Courts'ofJußticojcould deal, but must'be.lcft to the ; consideration of the meih•.pers-." of:-, the.; union' themselves.; Granted thn premises that, ; funds might b>: employed for influencing (legislation;-.it must}bo -for the umon.i-to.day.how: those, fumla should be:emPloyed, '.',■' '-• . " -V'i ■; ■■'V-'■/'■■ ■' ■■ ■■'.'-S'--' I ' l ' * i- , ,' , . ■■-■*'-• .'. }j. af soomedfto; his ;Jords>ip; wer e.;!t ; they, pleaswl,: just as much; entitled to affiliate; themselves lh support of o Socialist party as, they.-youM bo; to affiliate themselves in support:of a Unionist or Liberal party,'and given -{ho right to. spoiid; thoir ; money on few" sentation in thoj.Hotiso of. Commons how they s C°. n ' ]\ ifras purely a' question.: of policy with w ?n2 •-' i*' ■ Brt Vfm^ '.not .concern' itself .-■"■■ l .?e™e--waß".--not-.-tiltr(i vires,"and tho: action must r : be .::dismisscd, .'with costs. ; .