440
THE GREEN BAG
(ii) limits the immunity conferred on work PRACTICE. " Scandalous Matter, Prolix ity, and Impertinence in Proceedings in men's trade unions, which are almost all reg Court," by William Steers, Canadian Law istered, a combination of* employers that comes within the definition of a trade union is Times (V. xxvii, p. 343). PRACTICE. "What Should a Lawyer completely exempt from actions of tort, at Charge? " by " J. C. M.," Law Notes (V. xi, any rate actions to recover damages for torts. ... p. 46). "By section 16 of the Trade Union Act, PRACTICE. " The Power of a Court to Compel a Plaintiff in a Suit to Submit to a 1876, a trade union is defined as meaning Physical Examination," by Sumner Kenner, ' any combination whether temporary or permanent for regulating the relations between Central Law Journal (V. lxiv, p. 248). PRACTICE. " Disqualification i'n Judges," . . . master and masters, or for imposing re by Editor, Scottish Law Review (V. xxiii, strictive conditions on the conduct of any trade or business.' P- 152). "It is to be observed that it is in no way PUBLIC POLICY. "The Judiciary and Public Sentiment," by Edward J. White, limited to combinations aiming at some restriction on the conditions upon which American Lawyer (V. xv, p. 219). SALES. " Is the Furnishing of Liquors to labour shali be employed. A combination its members by a Bona Fide Social Club a not to sell a ton of coal under 205. is within it Sale? " by B. F. Watson, Central Law Journal just as much as a combination not to pay more than 205. a week wages. Is there, then, (V. lxiv, p. 442). any limit to the extent to which traders may TRADE DISPUTES ACT (Eng.). Legisla combine in conducting their trade in such a tion has often unexpected results. The Eng lish Trade Disputes Act, 1906, passed in way as to gain for the combination so formed response to the demand of the labor unions to the privileges conferred by the Trade Disputes secure them immunity from suit, is said in the Act? "It would seem that the only limitation is article on " Trusts and the Trade Disputes that imposed by section 4 of the Companies Act," by D. F. Pennant in the May Law Maga zine and Review (V. xxxii, p. 262), to have the Act, 1862, which provided that ' no company, association, or partnership consisting of more startling result of giving immunity to a mas ters' combination " much more ample than than twenty persons shall be formed, after the commencement of this act, for the purpose that given to a workmen's combination. "This results from the curious way in of carrying on any . . . business that has for which the fourth section of the act is drawn. its object the acquisition of gain by the com It begins by giving all trade unions complete pany, association or partnership, or by the immunity from all actions for wrongs they individual members thereof unless it is regis may have committed. Then by sub-section tered as a company under this act.' "This leaves any body of masters numbering (ii) this is limited by leaving the trade union free to be sued through its trustees, in cases not more than twenty absolutely free to form in which they could be sued under section 9 of any kind of combination they please for regu the Act of 1871, ' except in cases of trade lating the relations between themselves, and disputes.' The effect of this sub-section is the combination so formed will be a trade union. And of the combinations of masters not very clear, but it is unnecessary to con sider precisely to what cases it applies, for it numbering more than twenty, only those are has no application at all to these masters' prohibited which ' carry on a business that trade unions, and for this reason. Section 9 has for its object the acquisition of gain.' of the Act of 1871 applies only to registered "This has been interpreted to mean that the trade unions, and masters' trade unions are company, association or partnership, must not in point of fact registered. Registration itself do a succession of acts having the acqui is optional, and masters, having nothing to sition of gain for their object; it has therefore no application to a combination working gain by it, leave it alone. "It follows, then, that while sub-section under agreements, which merely provide that
