MR. OSBORNE'S EXPULSION.

Dominion, Volume 4, Issue 1062, 27 February 1911, Page 5

MR. OSBORNE'S EXPULSION.

/ . — '— « _ ■ . • ■■ : ■ IN APPEAL UPHELD. ; By Telecraph—Press Association-Copyright (Roc. February 26, 5.5 p.m.) . . _: London, February 25. Tho Court of Appeal has over-ruled Mr. Justice Warrington's decision, which justified tho action- of tho Amalgamated Society of Railwayman iu expelling Mr. W. Osborne, the porter who originated the litigation resulting in tho House cf Lords' judgment that the funds of trades unions cannot be applied to political purposes. ■'.''■

Mr. Osborno complained that tho defendants had expelled him from tho society, and had dissolved tho Walthanistow brauch, of which ho was a member. Ho sought a declaration that tho resolution of Juno 23 last, passed by the Exccutivo Committee, expelling him from the society was ultra vires, void, illegal, unconstitutional, and ogoinst, public policy, and that so much of tho resolution as related to tho dissolving of tho'Walthanistow branch was ultra vires and void. He also asked for an injunction restraining tho defendants from acting upon or point that the action could not bo maintained becauso at common law tho Amal.amaled Society;Of Railway Servants was an illegal organisation,'inasmuch as its rules contemplated, the performance of acts against public policy and interest, such as strikes and restraint of trade, and because tho courts not not interfere with respect to tho expulsion of a member where only status and not properly was involved, ■...■. . Mr. Justice'Warrington, giving judgment, said he had anxiously considered whether he was compelled to givo effect to the preliminary objection taken by the defendants, and ho thought that ho was. Rule 11 of the society authorised the expulsion of n member found guilty of attempting to injure tho society on that fact beins proved to the satisfaction of the Exccutivo Committee. In his Lordship's opinion, the agreement entered into by joining tho society was ono which was illegal at common law on account of its being in restraint of trade.' Tho preliminary objection therefore' succeeded and'as a decision on that must necessarily dispose of tho whole action, ho must givo judgment for the defendants, with costs.