been asked to co-operate in such a work was a great compliment to me, and I was encouraged to comply not only by the cordial invitation of my coadjutor, but also by mutual friends to whom the project was communicated. As to the necessity for such a work, it will be obvious to those who take an interest in the subject. No work has been published thereon since the year 1876, when Mr. Davis published his work. Three years prior to that date Mr. W. Guthrie published a work in Scotland, but that only dealt with the Trade Union Act, 1871. These works, however valuable at the time, are now out of date. All cases of significance have been decided since their publication. New points have arisen of grave importance during the last ten or twelve years, such as were scarcely contemplated at an earlier period; but no work has appeared dealing with the subject in its changed circumstances. The only book which filled the gap was the third edition of the Handy-Book of the Labour Laws, which appeared in 1895, and which probably would not have been published had some legal text-book been issued meanwhile. Before the passing of the Trade Union Act in 1871, and of the "Labour Laws" in 1875, workmen were subject to criminal prosecution, and various Acts, or remnants of old laws or decisions in the Courts, and of the provisions of the Master and Servant Acts. Now they are mostly proceeded against by civil action in the civil Courts, a change for the better, which was the result of long years of agitation by the labour leaders, to whose efforts the change was due. But the cause of labour is not wholly free from danger of a serious kind. By means of injunctions, the men affected, and the unions to which they belong, run the double risk of being thwarted in a dispute while it is pending, and of ruinous litigation to contest the validity of any such injunction. Recent examples will be found in the notes and cases in support of this view. Workmen generally, and especially the officers of trade unions and those denominated as labour leaders, should, as a matter of duty, strive to understand the law as applicable to labour, especially collective labour as represented by trade unions or other labour organisations. Ignorance of the law is not regarded as a valid excuse for any breach of the law, nor will it materially mitigate the penalties which such breach or offence entails. If the law be wrong, or unjust in its operation, workmen must endeavour to repeal or modify it. To ignore or break it only ends in disaster to all concerned. Actions at law, whether criminal or civil, always intensify the antagonisms of labour disputes. A rightful understanding of legal obligations will help to secure industrial peace. To all I would say: Labour has its rights as well as its duties, and capital has its duties as well as its rights. January, 1901. G. H. My share in this little work sprang out of an attempt to collect all the cases on the subject, and I hope that they are all at least mentioned. This origin has sometimes affected the form of the book, for cases not turning on the construction of a particular section in a statute do not readily fall into their places in a commentary on an Act, and may have the appearance of being dragged in. It is hoped that the Index will be a sure guide to such cases. As far as possible the reports are allowed to speak for themselves, at the risk, perhaps, of too liberal quotation. The notation adopted for citing statutes is shorter than that in general use, and has been found convenient elsewhere. H. C. January, 1901. |