The Dominion. TUESDAY, FEBRUARY 4, 1913. A NEW PRIVILEGED CLASS.

Dominion, Volume 6, Issue 1665, 4 February 1913, Page 6

The Dominion. TUESDAY, FEBRUARY 4, 1913. A NEW PRIVILEGED CLASS.

It is beginning to dawn upon the British public that there is being croated under the law a privileged class which is above the_ law, .so far as any tortious act—an injury toan individual which falls short of being criminal, but admits of legal remedy —is concerned. AVe refer to the class in whoso interests the Trade Union Bill has been introduced, by the Asquith Government, and read a third time in the House of Commons. Prior to 1871, a trade union was an illegal organisation, 'an outlaw, whoso members were liable to prosecution for conspiracy becauso they formed part of a combination which was "in restraint of trade." Legislation, in 1871 gave trade unions what they were most justly entitled to—a legal status with restricted action and _ limited' rights. Also, which was impossible before, they could now be sued, but 30 years elapsed before any historic attempt' was mado on the part of employers to take proceedings. against trade unions for alleged wrongs in' the course of trade disputes. Then occurred the famous Taff ,Vale case, when the Taff. Vale Railway Company succeeded, e'yen unto the Court of Appeal and the Houso of Lords, in:their contention that the Amalgamated Society of Railway Servants should bo held responsible for wrongful acts committed, by tho agonts of the society during the course of a trade dispute. Clearly, trades unions were entitled to disclaim for the unauthorised acts of their agents, but it was not sufficient, for them ■ that the law should simply be amended to protect them on that point—they insisted that the ' immunity from 'prosecution, not given to them by law, but enjoyed by them prior to 1871, should by statute be conferred upon them. This extravagant demand was actually conceded them by tho Liberal Government,, in the Trade Disputes Act of 1908, Clause 4 of which was construed by the Court of,: Appeal and the House of Lords as 7. granting . immunity to trade unions, both within and beyond 'the area of trade disputes. What that meant was clearly demonstrated: in the case of the libel action between the printing firm of Tacter ' AND Sons and tho London Society of Compositors. The latter published various allegations\ reflecting . upon the oharacter of. .the former. Proceedings for libel were instituted, the Society of Compositors' claimed .immunity under Clauso ' 4 of the Trades Disputes Act, and tho House of Lords finally established, the ruling that in no circumstances can a trade union—whether of masters or men—be brought to iCourt for .a tortiolisact. The Trade Union Bill, which has now passed its third reading, was, introduced for the purpose of removing the disabilities which, tho Labour Unions,; contended, had been put upon them by tho celebrated Osborne judgment, the effect of which was'to orevont the expenditure of trade union funds in political warfare, to ponfiho this expenditure to tho legitimate objects of their organisation—tho regulation of their relations with the employers., Under the Bill, a trade union may engage in any kind of political.work, enjoying at the Bame time tho immunities previously conferred upon them hy the Trade Disputes Act. For example, if a Liboral'candidate, supported by a Liberal Association, says anything derogatory to a .Labour 1 candidate.'ho can be sued for libel, whereas a trade union which is run--nirig a Labour candidate may . libel most sourrilously its Liberal opponent without fear of legal consequences. It will bo possible to have in existence, , under the law, two classes; of newspapers—one conducted by trade unions,'which will be free to'libel anybody at any time, and the other class subject to a strict law of libel. We are now told that Mr. Bonar Law, ; tho # Unionist Leader, waived- Mb opposition to the Bill. That this! indulgence.■;'to the Liberals was spontaneous and unconditional wo can hardly believe/ and wc prefer to await tho arrival of full reports, of' the proceedings in the Hoitse before discussing : it. The previous efforts of the Unionists havo been exerted in * tho /direction of removing tho most objectionable and unjust features of the Bill,' and ensuring to the, minorities in the trade unions that freedom of political conscience which ■ tho Socialist members of. Parliament would 1 deny them. ' \ . . : .