Chapter X: The Place of Trade Unionism in the State (3)

But in spite of the assumption that services and industries ought to be carried out by democracies of consumers and citizens, organised in geographical districts--that is, by the Central and Local Government of a Political Democracy--there always remained, in the hearts of the manual working class in Great Britain, an instinctive faith in the opposite idea of Associations of Producers owning, as such, both the instruments and the product of their labour. Throughout the whole of the second half of the nineteenth century it was pathetic to see this faith struggling on, in spite of the almost constant failure of the innumerable little manufacturing establishments carried on by Associations of Producers. What finally killed it as an ideal, in the eyes of the Trade Unionists of Great Britain, was the fact that Co-operative Production and its child, Co-partnership, were taken up by the most reactionary persons and parties in the State. Great peers and Conservative statesmen were always blessing “Co-operative Production,” and always trying to stimulate the workers to undertake business on their own account. When the invariable failure of self-governing workshops became too obvious, the advocates of Co-operative Production fell back on “Labour Co-partnership”--partnership in business with the capitalist class! This was so obviously, and almost avowedly, an attack on, or at least a proposal for the supersession of Trade Unionism, that it aroused the fiercest opposition; and the very idea became anathema in the Trade Union world. In short, there was, from the collapse of Owenism and Chartism in the eighteen-thirties and -forties, right down to 1900, practically no sign that the British Trade Unions ever thought of themselves otherwise than as organisations to secure an ever-improving Standard of Life by means of an ever-increasing control of the conditions under which they worked. They neither desired nor sought any participation in the management of the technical processes of industry (except in so far as these might affect the conditions of their employment, or the selection of persons to be employed); whilst it never occurred to a Trade Union to claim any power over, or responsibility for, buying the raw materials or marketing the product. On the contrary, the most advanced Trade Union leaders were never tired of asserting that their members must enjoy the full standard conditions of employment, whatever arrangements the employers might make with regard to the other factors of production; or however unskilful employers or groups of employers might prove to be in the buying of the raw material, or in the selling of the commodities in the markets of the world.

With the opening years of the twentieth century we become aware of a new intellectual ferment, not confined to any one country, nor even to the manual working class. We watch, emerging in various forms, new variants of the old idea of the organisation of industries and services by those who are actually carrying them on. We see it working among the brain-working professionals. Alike in England and in France the teachers in the schools and the professors in the colleges began to assert both their moral right to manage the institutions as they alone know how, and the advantage that this would be to the community. The doctors were demanding a similar control over the exercise of their own function. But the most conspicuous, and the most widely influential, of the forms taken by the idea was the revolutionary movement that spread among large sections of the wage-earners almost simultaneously in France, the classic home of associations of producers, and in the United States, with its large population of foreign immigrants. In both these countries any widespread Trade Unionism was of much more recent growth than in Great Britain, and was still regarded, alike by the employers and by the Government, as an undesirable and revolutionary force. The “_syndicats_” of France, and the Labour Unions among the foreign workers in the United States were, in fact, at the opening of the twentieth century, in much the same stage of development as the British Trade Unions were when they were swept into the vortex of revolutionary Owenism in 1834. Alike in their constitutions and in their declared objects, in the first decade of the new century, the General Confederation of Labour in France and the Industrial Workers of the World in the United States bear a striking resemblance to the Grand National Consolidated Trades Union that we have described in an earlier chapter; and, like that organisation, both of them excited a quite exaggerated terror in the hearts of magistrates and Ministers of State. Indeed, the doctrines and phraseology of the mass of literature turned out by French Trade Unionists between 1900 and 1910 are remarkably like--allowing for the superior literary power of the French--the pamphlets and leaflets of the Owenite Trade Unionism.[688] There is the same conception of a republic of industry, consisting of a federation of Trade Unions, local and central; the federation of shop clubs, branches, or local unions forming the Local Authority for all purposes, whilst a standing conference of the national representatives of all the Trade Unions constitutes a co-ordinating or superintending National Authority. There is the same reliance, as a means of achievement, on continuous strikes, culminating in a “general expropriatory strike.” There is the same denunciation of the political State as a useless encumbrance, and the same appeal to the soldiers to join the workers in upsetting the existing system.

We need not stay to inquire how this new ferment crossed the Atlantic or the Channel. Between 1905 and 1910 we become aware of the birth, in some of the industrial districts, of a number of new propagandist groups--more especially among the miners and engineers--groups of persons in revolt not only against the Capitalist System but against the limited aims of contemporary Trade Unionism and the usual categories of contemporary Socialism. The pioneer of the new faith in the United Kingdom seems to have been James Connolly, afterwards organiser of the Irish Transport and General Workers Union, to which we have already referred, a man of noble character and fine intelligence, whose tragic execution in 1916, after the suppression of the Dublin rising, made him one of the martyred heroes of the Irish race. Connolly, who was a disciple of the founder of the American Socialist Labour Party, Daniel De Leon, started a similar organisation on the Clyde in 1905. In opposition to the contemporary Socialist propaganda in favour of the nationalisation and municipalisation of industries and services, to be brought about by political action, he advocated the direct supersession of the Capitalist System in each workshop and in every industry, by the organised workers thereof. “It is an axiom,” he said, “enforced by all the experience of the ages, that they who rule industrially will rule politically.... That natural law leads us as individuals to unite in our craft, as crafts to unite in our industry, as industries in our class; and the finished expression of that evolution is, we believe, the appearance of our class upon the political battle-ground with all the economic power behind it to enforce its mandates. Until that day dawns our political parties of the working class are but propagandist agencies, John the Baptists of the New Redemption; but when that day dawns our political party will be armed with all the might of our class; will be revolutionary in fact as well as in thought.” “Let us be clear,” he adds, “as to the function of Industrial Unionism. That function is to build up an industrial republic inside the shell of the political State, in order that when that industrial republic is fully organised it may crack the shell of the political State and step into its place in the scheme of the universe.... Under a Socialist form of society the administration of affairs wall be in the hands of representatives of the various industries of the nation; ... the workers in the shops and factories will organise themselves into unions, each union comprising all the workers at a given industry; ... said union will democratically control the workshop life of its own industry, electing all foremen, etc., and regulating the routine of labour in that industry in subordination to the needs of society in general, to the needs of its allied trades and to the department of industry to which it belongs.... Representatives elected from these various departments of industry will meet and form the industrial administration or national government of the country. In short, Social Democracy, as its name implies, is the application to industry, or to the social life of the nation, of the fundamental principles of Democracy. Such application will necessarily have to begin in the workshop, and proceed logically and consecutively upward through all the grades of industrial organisation until it reaches the culminating point of national executive power and direction. In other words, Socialism must proceed from the bottom upwards, whereas capitalist political society is organised from above downward; Socialism will be administered by a committee of experts elected from the industries and professions of the land; capitalist society is governed by representatives elected from districts, and is based upon territorial division.”[689] A similar ferment was to be seen at work amongst the South Wales miners, giving rise to a series of propagandist organisations, preaching the doctrine of Industrial Unionism as a revolutionary force, and culminating in the much-denounced pamphlet _The Miners’ Next Step_, 1912, which created some sensation in the capitalist world.[690]

In 1910 we find Mr. Tom Mann, fresh from organising strikes in Australia, and inspired by a visit to Paris, preaching the new faith to large popular audiences in London and the principal provincial cities with the same sincerity and eloquence with which he had formerly advocated State and Municipal Socialism and the statutory regulation of the conditions of employment. “The Industrial Syndicalist,” he explains, holds that “to run industry through Parliament, that is by State machinery, will be even more mischievous to the working class than the existing method, for it will assuredly mean that the capitalist class will, through Government Departments, exercise over the national forces, and over the workers, a domination that is even more rigid than is the case to-day. And the Syndicalist also declares that in the near future the industrially organised workers will themselves undertake the entire responsibility of running the industries in the interest of all who work, and are entitled to enjoy the result of labour.”[691] “We therefore most certainly favour strikes; we shall always do our best to help strikes to be successful, and shall prepare the way as rapidly as possible for +The General Strike+ of national proportions. This will be the actual Social and Industrial Revolution. The workers will refuse to any longer manipulate the machinery of production in the interest of the capitalist class, and there will be no power on earth able to compel them to work when they thus refuse.... When the capitalists get tired of running industries, the workers will cheerfully invite them to abdicate, and through and by their industrial organisations will run the industries themselves in the interests of the whole community.”[692] “Finally, and vitally essential it is,” sums up Mr. Tom Mann in 1911, “to show that economic emancipation to the working class can only be secured by the working class asserting its power in workshops, factories, warehouses, mills and mines, on ships and boats and engines, and wherever work is performed, ever extending their control over the tools of production, until, by the power of the internationally organised Proletariat, capitalist production shall entirely cease, and the industrial socialist republic will be ushered in, and thus the Social Revolution realised.”[693]

The revolutionary Industrial Unionism and Syndicalism preached by James Connolly and Tom Mann and other fervent missionaries between 1905 and 1912 did not commend itself to the officials and leaders of the Trade Unions any more than it did to the cautious and essentially Conservative-minded men and women who make up the rank and file of the British working class. But, like other revolutionary movements in England, it prepared the way for constitutional proposals. The ideal of taking over the instruments of production appealed to all intelligent workmen as workmen. To them it seemed merely Co-operative Production writ large, the ownership of the instruments and of the product of labour by the workers themselves. But the ownership and management was now to be carried out, not by small competing establishments doomed to failure, but in the industry as a whole by a “blackleg-proof” Trade Union. To the idealistic and active-minded Trade Union official in particular, weary of the perpetual haggling with employers over fractional changes in wages and hours, the prospect of becoming the representative of his fellow-workers in a self-governing industry, with all the initiative and responsibility that such a position would involve, was decidedly attractive. So long as this ideal was associated with violent and revolutionary methods, and left no room for the political democracy to which Englishmen are accustomed, or even for the Consumers’ Co-operative Movement, it failed to get accepted either by responsible officials or by the mass of sober-minded members. The bridge between the old conception of Trade Unionism and the new was built by a fresh group of Socialists, who called themselves National Guildsmen. This group of able thinkers, largely drawn from the Universities, accepted from what we may call the Communal Socialists the idea of the ownership of the instruments of production by the representatives of the citizen-consumers, but proposed to vest the management in national associations of the producers in each industry--organisations which they declared ought to include, not merely the present wage-earners, but all the workers, by hand or by brain.[694] These guilds were to grow out of the existing Trade Unions, gradually made co-extensive with each industry. We have neither the space, nor would it be within the scope of this book, to describe or criticise this conception of National Guilds, or the theories and schemes of the Guild Socialists. These theories and schemes are none the worse for being still in the making. What we are concerned with, as historians of the Trade Union Movement, is the rapid adoption between 1913 and 1920 by many of the younger leaders of the Movement, and subject to various modifications, also by some of the most powerful of the Trade Unions, of this new ideal of the development of the existing Trade Unions into self-organised, self-contained, self-governing industrial democracies, as supplying the future method of conducting industries and services. The schemes put forward by the National Union of Railwaymen, the Miners’ Federation of Great Britain, and the Union of Postal Workers differ widely from the revolutionary Syndicalism of Mr. Tom Mann and the large visions of the Industrial Workers of the World. They do not even go so far as the projects of the National Guildsmen. In fact, they limit the claim of the manual workers merely to participation in the management, fully conceding that the final authority must be vested in the representatives of the community of citizens or consumers. Thus we see the Annual General Meeting of the National Union of Railwaymen in 1914 resolving unanimously: “That this Congress, while reaffirming previous decisions in favour of the nationalisation of railways, and approving the action of the Executive Committee in arranging to obtain and give evidence before the Royal Commission, declares that no system of State ownership of the railways will be acceptable to organised railwaymen which does not guarantee to them their full political and social rights, _allow them a due measure of control and responsibility in the safe and efficient working of the railway system_, and assure to them a fair and equitable participation of the increased benefits likely to accrue from a more economical and scientific administration.”[695] In a modified form this resolution was brought forward by the Railway Clerks’ Association, supported by the N.U.R., and passed by the Trades Union Congress of 1917.[696] A similar movement in favour of participation in management has taken root among the postal workers of all kinds, in England as also in France. At the Annual Conference, in May 1919, of the Postal and Telegraph Clerks’ Association, which had in previous years been passing resolutions on the subject, it was emphatically pointed out that the control demanded by the postal employees was not restricted to securing better conditions of employment, but that they desired to participate in directing the technical improvement of the service for the good of the community.[697] The Conference resolved: “That in view of the obstructive attitude of the Department on the question of the development of the Post Office Savings Bank, the modernising of the Post Office Insurance System, and the expansion and improvement of the Post Office Services generally, this Conference directs that representatives of the Association be appointed to investigate and report on the working of the postal cheque and transfer services from both the national and international standpoint, and that the report be widely circulated, and propaganda work undertaken, so that this development of the Post Office Savings Bank--giving a greatly improved transmission of moneys system--be introduced throughout.”[698] Finally, we may cite the scheme for the Nationalisation of the Coal-mines that the Miners’ Federation brought formally before the Coal Industry Commission in 1919. Six years previously the Miners’ Federation had had a Bill drafted and published, which provided merely for the vesting of the collieries in a Ministry of Mines, and for the administration of the whole industry by that department.[699] All that the Federation was then concerned to secure for the miners themselves was the continuance of free and lawful Trade Unionism. The Bill of 1919[700] imposed on the Minister of Mines a whole series of National and District Councils, and Pit Committees, each of which was to consist, to the extent of one half, of members nominated by the Federation, the other half being nominated by the Minister; and the expectation was not concealed that it would be by these bipartite bodies that the administration would be conducted. We record these schemes, which are by the nature of the case only imperfect drafts prepared for propaganda, not so much for their importance as precisely defined industrial constitutions, but as being indicative of the change of spirit that has come over the Trade Union world.

THE INCREASED RELIANCE ON DIRECT ACTION

The acceptance, during the last decade, by Parliament, by the Executive Government, and by public opinion, of the Trade Union organisation as part of the machinery of government in all matters concerning the life and labour of the manual working class, has been coincident, some would say paradoxically coincident, with an increased reliance on the strike, commonly known as the method of Direct Action, and with an enlargement of the purposes for which this method is used by Trade Unionists. There is an impression in the public mind, which easily forgets its previous impressions of the same kind, that we are to-day (1920) living in an era of strikes. Although this impression is not justified by the number of strikes, as compared with those of 1825, 1833-34, 1857-60, 1871-74, and 1885-86, there is some basis for the feeling. The strikes and threats of strikes during the past decade (excluding the four years of war) have been on a larger scale, and, in a sense, more menacing, than those of previous periods. When we published, in 1897, our detailed analysis of the theory and practice of contemporary Trade Unionism (_Industrial Democracy_), the very term “direct action” was unknown in this country. The strike was regarded, not as a distinct method of Trade Union action, but merely as the culminating incident of a breakdown of the Method of Collective Bargaining.[701] The Trade Union plea for the right to strike has always been a simple one. It is a mere derivative of the right of Freedom of Contract. Whenever an individual workman had the right to refuse to enter or continue in a contract of service, any group of individuals might, if they chose, exercise a like freedom. After the collapse of Owenism and Chartism all thought of using the weapon of the strike, otherwise than as an incident in Collective Bargaining with the employers, seems to have left the Trade Union Movement in Great Britain. Indeed, during the last half of the nineteenth century, the use of the weapon of the strike was falling into disrepute, even as an incident of Collective Bargaining, not only among the officials of the great trade friendly societies, such as the Amalgamated Society of Engineers and Carpenters, but also among the younger and more militant members of the Trade Union movement. The “extremists” of the last decade of the nineteenth century, as we have described in a previous chapter, were out for the “capture” of Parliament and Local Authorities by an “independent” Party of Labour; and political action was commonly regarded as the shortest and most convenient way of securing not only Socialist but also the distinctively Trade Union objects. It was at that time left to the “reactionaries” in the Trade Union Movement, who disliked the idea of a political Labour Party, to advocate reliance on “ourselves alone.”[702]

But with the revolution of thought that we have described there has arisen, with regard to Direct Action, a change of practice. In 1913-14 there was an outburst of exasperated strikes designed, we may almost say, to supersede Collective Bargaining--to repudiate any making of long-term agreements, to spring demand after demand upon employers, to compel every workman to join the Union, avowedly with the view of building up the Trade Union as a dominant force. This spasm of industrial “insurrectionism” was abruptly stopped by the outbreak of war. The “political” element creeps in with the strikes and threats of strikes of the Miners’ Federation in 1912 and 1919, designed, not to further Collective Bargaining with the employers, but to cause the Government and Parliament to alter the organisation of the industry, in the earlier case by the enactment of a Minimum Wage law, and in the other by the elimination of the capitalist profitmaker in favour of public ownership and workers’ control. During the years of war Direct Action took another form. The weapon of a concerted refusal to work was used by some Trade Unions, in matters entirely unconnected with their conditions of employment, in order to prevent particular individuals from doing what they wished to do. The most sensational examples were afforded by the National Union of Sailors and Firemen in 1917-18, when its members, by refusing to work, at the dictation of Mr. J. Havelock Wilson, the Secretary of the Union, prevented certain Labour Leaders[703] from proceeding to Petrograd, actually by direction of the Government; and subsequently others[704] from going to Paris with Government passports, on the instructions of the Labour Party, because the Union, or at any rate Mr. Havelock Wilson, disapproved of these visits, and of their supposed object in arranging for an International Labour and Socialist Congress. Another case was the withdrawal by the Electrical Trades Union in 1918 of their members (taking with them the indispensable fuses) from the Albert Hall in London, when the directors of the Hall cancelled its letting for a Labour Demonstration, of the purposes and resolutions of which they disapproved, or thought that their patrons would disapprove. What the Electrical Trades Union intimated was that, unless the Hall was allowed, as heretofore, to be used for Labour meetings, it should not be used for a forthcoming demonstration of the supporters of the Coalition Government, or for any other meetings. The result was that (it is said on a hint from Downing Street) the directors of the Hall withdrew their objection to the Labour Demonstration, and have since continued to allow such meetings. Yet another example of Direct Action was given by the printing staffs of certain newspaper offices in London during the railway strike of 1919, when they threatened instantly to withdraw their labour, and thus absolutely to prevent the issue of the newspapers, unless the use of “lying posters” was given up, and unless the case of the National Union of Railwaymen was fairly treated in the papers, and accorded reasonable space. The gravest case of all was the threat by the Miners’ Federation in 1919, that all the coal-mines might stop working unless Compulsory Military Service was immediately brought to an end, and unless the policy of military intervention in Russia against the Bolshevik Government of Russia was abandoned. By what was perhaps a fortunate coincidence the Secretary of State for War was able to declare that all Compulsory Military Service was to cease at or before the end of the current financial year; and the Prime Minister to announce that no more troops, and, after certain consignments already arranged for, no more military stores, would be sent in aid of those who were attacking the Bolshevik Government.

How far can these instances of Direct Action be deemed to indicate a change of thought in the Trade Union world with regard to the use of the strike weapon? We must note that, in spite of the temporary lull in strikes in the latter part of the last century, there has been no change in Trade Union policy with regard to the strike in disputes with employers about the conditions of employment. The Trade Unions have always included in this term the dismissal of men for reasons other than their inefficiency as workmen, the engagement of non-Unionists, the presence of an obnoxious foreman or manager, or any interference with the conduct of employees outside the works. Nor has there been any development in the original Trade Union position with regard to sympathetic strikes in aid of other sections of workers in their struggles with their employers. It is possible that some of the insurrectionary strikes of 1911-14 were inspired by the new thought that we have described--the disillusionment as to the Parliamentary potency of a Labour Party, and the vision of a Democracy based on industrial organisation and secured by industrial action. But, in the main, the increased frequency and magnitude of strikes in these years are sufficiently accounted for by the continued fall in real wages due to rising prices, combined with the steadily improving organisation of the workers concerned. There was a new element in the proposal of the Miners’ Federation in 1919 to strike if the Government did not fulfil its pledge to carry into effect the Sankey Report described in the last chapter. The significant and authoritative declaration in the first Report of March 20, 1919, that “the present system of ownership and working in the coal industry stands condemned, and some other system must be substituted for it, either nationalisation or a method of unification by national purchase and/or by joint control,” and the explicit acceptance of this Report by the Government “in the spirit and in the letter,” formed an integral part of the bargain between the Miners’ Federation and the Government, on the strength of which they forewent the strike at the end of March 1919 on which they had decided. It can hardly be contended that the “present system of ownership and working” is not a necessary part of the conditions of employment, or that the Miners are not entitled to refuse to enter into contracts of service under a system that Mr. Bonar Law agrees with Mr. Justice Sankey, and nine out of the other twelve members of the Royal Commission, in holding to “stand condemned.” On the other hand, though the Government controls the industry and dictates the wages, the alterations in the conditions of employment that the Miners’ Federation asks for require not only one but probably several Acts of Parliament, which a majority of the members of the present House of Commons, notwithstanding the explicit Government pledge, refuses to pass. What the Miners’ Federation threatens, by a stoppage of the coal industry, is to coerce into agreement with them not their employers, the colliery owners, not even the Ministry with whom they made the bargain, but, in effect, the recalcitrant capitalist majority of the House of Commons which cannot be displaced without a General Election.

But an entirely new development of Direct Action, alike in form and in substance, is the distinctly political, or, as we should prefer to call it, the non-economic strike--that is, the strike, not for any alteration in the conditions of employment of any section of the Trade Union world, but with a view to enforce, either on individuals, on Parliament, or on the Government, some other course of action desired by the strikers. So far as we know, there is, on this question, no consistent body of opinion in the Trade Union world; all that we find are currents of opinion arising from different assumptions of social expediency. There is, first, a small section of Trade Unionists who are Syndicalists or extreme Industrial Unionists in opinion, and who look forward to the supersession of political Democracy, and the reconstitution of society on the basis of the suffrages of the several trades. Like the Sinn Feiners in Ireland, though on different grounds, they do not acknowledge the competency of the existing Parliament to undertake the government of the country, and they advocate Direct Action as the only weapon of revolt accessible to the workers organised as workers. But it was no such theory of social revolution that induced Mr. Havelock Wilson to prevent the visit of Mr. G. H. Roberts and Mr. MacDonald to Petrograd, when the Government wished them to go; or to prevent Mr. Henderson and M. Camille Huysmans from using their passports to Paris. Nor were the electricians of the Albert Hall inspired by faith in an immediate revolution of the Russian type. It cannot even be suggested that the widespread approval by the more active spirits of the Trade Union world of the proposed strike to stop the intervention of Great Britain in support of the reactionary Russian leaders was accompanied by any desire to set up in Great Britain the constitution which is believed to obtain in Moscow and Petrograd. We must look elsewhere for the motive that underlies and is held by many to justify the non-economic or “political” strike.

We suggest that the explanation is a more complex one. We have first the impulsive tendency of some men in all classes to use any powers that they possess, whether over land, capital, or labour, to dictate to their fellow-men a course of conduct on any question on which they feel hotly, even if it is wholly unconnected with their several economic functions. This delight in an anarchic use of economic power is, it is needless to say, not peculiar to those whose economic power is that of labour. There have been innumerable instances, within our own memories, among landlords and capitalists, of actions no less arbitrary than that of Mr. Havelock Wilson (who, it must be remembered, had the general approval of the capitalist press; and, in the case of the attempted internment in this country of a distinguished Belgian visitor, M. Huysmans, the connivance of the naval officers, if not of the Admiralty). We find within the last few decades many cases of landlords who have ejected persons, not because they were objectionable tenants, or had failed to pay their rent, but because they had supported a political candidate, or had led to action on the part of the Local Authority, to which the landlord objected. We have seen landed proprietors refusing sites for Nonconformist chapels, not because they objected to buildings of that character, or were dissatisfied with the price offered, but because they disliked the theology of the promoters. We have heard of banks refusing to the Trade Unions who were their customers any accommodation at all on the occasion of a strike, merely because they disliked the strike. We have seen employers dismissing workmen, not for their inefficiency, not even for their Trade Union activities, which might be held to affect the economic interest of the capitalist, but because the workmen held different political opinions from those of the employer. But these cases of the use of economic power to prevent individuals from pursuing or promoting their own religious or political creeds are emphatically condemned by the Trade Union Movement. Thus no Trade Union support was overtly given to Mr. Havelock Wilson, even by those Trade Union leaders who agreed with him in detesting any meeting between Britons and enemy subjects.

We have a quite different class of cases when Direct Action is taken in reprisal for the Direct Action of other persons or groups of persons. This was the case in the strike of the electricians at the Albert Hall. It was a reprisal for the use by the directors of the Albert Hall of their power over lettings to ban opinions that they happened to dislike, whilst permitting the use of their hall to the other side. A more difficult case is that of the threatened refusal to work of the compositors against the newspapers who denied fair play to the railwaymen. Here our judgement may depend on what view is taken of the function of newspapers; how far are newspapers what their name implies, the public purveyors of news? Supposing that all the capitalist press were deliberately to boycott all Labour news, whilst deliberately giving currency to false statements about Labour Leaders and the Labour Movement, would the compositors, as representing the Trade Union world in this industry, be justified in a strike? The only conclusion we can suggest is that, human nature being instinctively militant, any anarchic use of the power given by one form of monopoly will lead to a similar anarchic use of the power given by another form of monopoly.

We come now to the third class of use of the method of Direct Action, a general strike of the manual workers to compel the Government of the country to abstain from political courses distasteful to those who control a monopoly of labour power, or to the majority of them. This form of Direct Action is justified by a minority of Trade Unionists, who consider that under the present constitution of Parliament the organised workmen have practically no chance of getting their fair share of representation--an argument strengthened by every election trick, and especially by the partisan use of the capitalist press as an election instrument. The majority of Trade Unionists, however, do not, at the present time, seem to support this view. They reply that the manual workers and their wives now constitute, in every district, a majority of the electorate. They can, if they choose, return to Parliament a Labour majority and make a Labour Government. This very consideration, indeed, seems to make any such general strike impracticable, and, as a matter of fact, no such proposal of a general strike has yet been endorsed by the Trades Union Congress. We can imagine occasions that might, in the eyes of the Trade Union world, fully justify a general strike of non-economic or political character. If, for instance, a reactionary Parliament were to pass a measure disfranchising the bulk of the manual workers, or depriving them of political power by such a device as the “Three Class Franchise” of Prussia and Saxony--if any Act were passed depriving the Trade Unions of the rights and liberties now conceded to them--if the Executive or the judges were to use against the Trade Unions, by injunction or otherwise, any weapon that might be fished up from the legal armoury, confiscating their funds or prohibiting their action--then, indeed, we might see the Trades Union Congress recommending a General Strike; and it would be supported not only by the wage-earning class as a whole, but also by a large section of the middle class, and even by some members of the House of Lords. That is one reason why, short of madness, no such act would be committed by the Government or by Parliament. If any such act were perpetrated, it would probably involve a revolution not in the British but in the continental sense. It must be remembered that the “last word” in Direct Action is with the police and the army, and there not with the officers but with the rank and file.

To sum up, the vast majority of Trade Unionists object to Direct Action, whether by landlords or capitalists or by organised workers, for objects other than those connected with the economic function of the Direct Actionists. Trade Unionists, on the whole, are not prepared to disapprove of Direct Action as a reprisal for Direct Action taken by other persons or groups. With regard to a general strike of non-economic or political character, in favour of a particular home or foreign policy, we very much doubt whether the Trade Union Congress could be induced to endorse it, or the rank and file to carry it out, except only in case the Government made a direct attack upon the political or industrial liberty of the manual working class, which it seemed imperative to resist by every possible means, not excluding forceful revolution itself.

THE DEMAND FOR THE ELIMINATION OF THE CAPITALIST PROFIT-MAKER

It is interesting to note that this widening enlargement of the aspirations and purposes of Trade Unionism has been accompanied, not by any decline, but by an actual renewal of the faith in Communal Socialism, towards which we described the Trade Union Movement as tending in 1889-94. For the Trade Unionist objects, more strongly than ever, to any financial partnership with the capitalist employers, or with the shareholders, in any industry or service, on the sufficient ground that any such sharing of profits would, whilst leaving intact the tribute of rent and interest to proprietors, irretrievably break up the solidarity of the manual working class. To the new school of Trade Unionists the nationalisation or municipalisation of industry, or its assumption by consumers’ co-operation, is a necessary preliminary to the partnership of Labour in its government. What they are after is to alter, not only the status of the manual worker, but also the status of the employer who is the director of industry; they wish them both to become the agents of the community; they desire that manual workers and brain workers alike should be inspired, not by the greed of gain made by profit on price, but by the desire to produce the commodities and services needed by the community in return for a sufficient livelihood, and the personal freedom and personal responsibility which they believe would spring from vocational self-government. Thus we find Mr. Hodges, the General Secretary of the Miners’ Federation, in one of his numerous speeches in favour of the nationalisation of the mines, declaring that what they demanded was “a new status for the worker as a controller of his industry. Miners were not anarchists, although they had the power to be. They realised that their interests were bound up with those of the community, and therefore they demanded conditions which would develop the corporate sense.... Education was carrying men along social rather than individualistic lines, and right throughout the mining industry there was the desire to be something different from what they were. This desire to be master of the work in which the man was engaged was the great thing that was vital in working-class life.... There had never been a movement born of greater moral aspiration than this movement for the nationalisation of the mines. The miner wanted to be in a position where it would be to him a point of honour not to allow even a piece of timber to be wasted, where he would want to do his work well. He wanted a Social Contract.”[705]

The demand for the nationalisation or municipalisation of industries and services, or their absorption by the Consumers’ Co-operative Movement, was greatly strengthened by the experience, during the war and after the Armistice, of the failure of every alternative method of preventing “profiteering.” The rapid development of capitalist combinations and price-agreements[706]; the ill-success of the most stringent Government control in preventing alarming increases of price; the inability of even legally fixed maximum prices to do anything more, under private ownership, than authorise the charge required to cover the cost at the least efficient and least well-equipped establishment of which the output was needed; the enormous and even unprecedented profits made throughout the whole range of business enterprise; the helplessness of the consumers, in the mere expectation of shortage, and their willingness to pay almost any price that was demanded rather than go without--combined with the obvious breakdown of capitalist competition as a safeguard of the public which the proceedings under the Profiteering Act revealed--all these things co-operated to convince the bulk of the wage-earning class, many of the families living on fixed incomes, and (in spite of the objection to “bureaucratic control”) some even among business men, that there was practically no other course open, in the industries and services that were sufficiently highly developed to render such a course practicable, than a gradual substitution of public for private ownership. This advance in public opinion is naturally reflected in the passionate support of public ownership, with participation of the workers in administration and control, given by the Trades Union Congress and Labour Party Conference.

It will have become clear from our review of the larger conception now current of the place of Trade Unionism in the State, that the Trade Unionist, as such, no longer retains the acquiescent and neutral attitude towards the two great parties of British politics, nor to the Capitalist System itself, which characterised the Trade Unionism of thirty or forty years ago. The object and purpose of the New Unionism of 1913-19--not without analogy with that of 1830-34, but with a significant difference--cannot be attained without the transformation of British politics, and the supersession, in one occupation after another, of the capitalist profit-maker as the governor and director of industry. Meanwhile, as a result of the successive attacks upon the very existence of Trade Unionism, even in its most limited form, there has been growing up a distinct political organisation of the Trade Union Movement, aiming at securing the acceptance by the electorate, as a whole, of a definitely Socialist policy in the administration of both home and foreign affairs. It is this formation of a Labour Party, ready for the carrying into effect of the new ideas, that we have now to describe.

FOOTNOTES:

[651] William Abraham (South Wales Miners), J. Mawdsley (Cotton-spinners), Michael Austin, M.P. (Irish Labour), and Tom Mann (Amalgamated Society of Engineers).

[652] For the Labour Commission see its Report and Evidence, published in 1892-94 in many volumes, the Report itself being C. 2421 of 1894. An epitome was published as _The Labour Question_, by T. G. Spyers, 1894; see also “The Failure of the Labour Commission,” by Mrs. Sidney Webb, in _Nineteenth Century_, 1893. The Trade Unionist Minority Report had a wide circulation as an Independent Labour Party pamphlet. It reads, in 1920, curiously prophetic of the actual legislative and administrative changes that have taken place.

[653] For half a century after the repeal of the Combination Acts in 1824-25 the controversy as to the legal position of Trade Unionism was always muddled up, in the minds of lawyers as well as economists and the public, with that of physical violence. Because angry strikers here and there committed assaults, and occasionally destroyed property, it was habitually assumed, as it still is by some people thinking themselves educated, that Trade Unionism practically depended on, and inevitably involved, personal molestation of one sort or another. This led magistrates, right down to 1891, occasionally to regard as a criminal offence, under the head of “intimidation,” any threat or warning uttered by a Trade Unionist to an employer or a non-unionist workman, even if the consequences alluded to were of the most peaceful kind. In 1891 a specially constituted Court of the Queen’s Bench Division definitely laid it down that “intimidation,” under the Act of 1875, was confined to the threat of committing a criminal offence against person or tangible property (Memorandum by Sir Frederick Pollock in Appendix to Report of Royal Commission on Labour, C. 7063; see also _Law Quarterly Review_, January 1892; _Industrial Democracy_, by S. and B. Webb, Appendix I., 1897; Gibson _v._ Lawson, and Curran _v._ Treleaven, 1891, 2 Q.B. 545).

Magistrates continued, however, for some time to treat unfairly such breaches of public order as “obstructing the thoroughfare” or committing acts of annoyance to the public, when committed in connection with a strike of which they disapproved, which would not be proceeded against as criminal if they had been done by an excited crowd of stockbrokers in the City, by the audience of a street-corner preacher, or by a gathering of the Primrose League. Such discrimination by the police or the magistrate is unjust.

[654] Mogul Steamship Company _v._ M’Gregor, Gow & Co. (1892), A.C. 25; Scottish Co-operative Wholesale Society _v._ Glasgow Fleshers’ Trade Defence Association (1897), 35 Sc.L.R. 645; see _History of Co-operation in Scotland_, by William Maxwell, 1910, p. 349.

[655] For all these cases see _Industrial Democracy_, by S. and B. Webb, Appendix I., 1897; _Trade Union Law_, by H. Cohen and G. Howell, 1901; _The Law Relating to Trade Unions_, by D. R. C. Hunt, 1902; _Trade Unions and the Law_, by G. F. Assinder, 1905; _The Present and Future of Trade Unions_, by A. H. Ruegg and H. Cohen, 1906; Report of Royal Commission on Trade Disputes, Cd. 2825, 1906; Temperton _v._ Russell (1893), 1 Q.B. 715; 62 L.T.Q.B. 412; 62 L.T. 78; 41 W.R. 565. 57. J.P. 676; Trollope and Others _v._ The London Building Trades Federation and Others (1895), 72 L.T. 342; 11 T.L.R. 280; Pink _v._ The Federation of Trade Unions (1893), 67 L.T. 258; 8 T.L.R. 216, 711; 36 S.T. 201; J. Lyons and Son _v._ Wilkin (1896), 1 Ch. 811; the same again (1899), 1 Ch. 255; Allen _v._ Flood (1898), A.C. 1; 67 L.J.Q.B. 119; 77 L.T. 717; 14 T.L.R. 125; 46 W.R. 258; 47 S.J. 149; 62 J.P. 595; Quinn _v._ Leathem (1901), A.C. 495; 70 L.J.P.C. 76; 85 L.T. 289; 17 T.L.R. 749; 50 W.R. 139; 65 J.P. 708; W.N. 170. For foreign comments see _La Situation juridique des Trade Unions en Angleterre_, by Morin (Caen, 1907); _Le Droit d’Association en Angleterre_, by H. E. Barrault (Paris, 1908); _Das englische Gewerkvereinsrecht seit 1870_, by F. Haneld, 1909.

[656] Taff Vale Railway Company _v._ Amalgamated Society of Railway Servants (1901), A.C. 426; 70 L.J.K.B. 905; 85 L.T. 147; 17 T.L.R. 698; 65 J.P. 596; 50 W.R. 44; Report of Royal Commission on Trade Disputes, 1906, Cd. 2825; _The Law and Trade Unions: A Brief Review of Recent Litigation, specially prepared at the instance of Richard Bell, M.P._, 1901; _Statement by the Parliamentary Committee on the Taff Vale Case_, 1902; _History of the British Trades Union Congress_, by W. J. Davis, vol. ii. 1916, pp. 201-2; _Trade Union Law_, by H. Cohen and George Howell, 1901; _The Legal Position of Trade Unions_, by H. H. Slesser and W. S. Clark, 1912; _Industrial Democracy_, by S. and B. Webb, Introduction to the 1902 edition, pp. xxiv-xxxvi. It does not appear that, in the strictly legal sense, the Taff Vale judgement was unwarranted. Though the Act of 1871 had been supposed to prevent a Trade Union from being proceeded against, it contained no explicit grant of immunity from being made answerable for any damage that might be wrongfully caused. In fact, both the 1871 Act and that of 1876 expressly provided that the registered Trade Union itself should be liable to be brought into Court for the petty penalties instituted for failure to supply the Registrar with copies of rules and balance-sheets; and also that the trustees of a registered Union should sue and be sued on its behalf. What the Act of 1871 did was to relieve the Trade Union from its character of criminality by reason of its purposes being in restraint of trade, and of its character of illegality from the same cause; and to prohibit legal proceedings directly to enforce certain agreements among its members, or between it and its members, or among different Unions. These were assumed to be all the cases that could arise. It seems to have been taken for granted by the Minority of the Trade Union Commission of 1869, by the Home Office in 1870-71, by the Parliament of 1871-76, and the Royal Commission on Labour in 1893, that an unincorporated body could not be sued for damages in tort any more than for a civil debt. But in the following years, without any reference to Trade Unionism, the Courts successively enlarged their procedure so as to admit of any group of persons having a common interest being made parties to a “representative action” (Duke of Bedford _v._ Ellis, 1901, A.C. 1, where the tenants of shops in Covent Garden were parties). This enabled even an unregistered Trade Union to be sued (Yorkshire Miners’ Association _v._ Howden, 1905, A.C. 256). In 1893, and again in 1895, actions against unregistered Trade Union organisations had been maintained in the lower Courts (Trollope and Others _v._ The London Building Trades Federation and Others, 1895, 72 L.T. 342; 11 T.L.R. 280; W.N. 45; Pink _v._ The Federation of Trades and Labour Unions, etc., 1893, 67 L.T. 258; 8 T.L.R. 216, 711; 36 S.J. 201). But these had not been noticed by the Trade Union Movement as a whole; and they had not been seriously defended, not fully argued, and not carried to the highest tribunal.

[657] The number of stoppages through disputes known to the Labour Department of the Board of Trade, which between 1891 and 1899 had never been fewer than 700 in a year, did not again reach this figure for a whole decade; and sank in 1903-5--years during which trade was checked, and some reduction of wages took place--to only half the number. Of the 135 claims to the Strike Benefit admitted by the General Federation of Trade Unions in 1903, we read that “no less than 130 have been caused by attempts on the part of employers to encroach upon the recognised conditions prevailing in the particular trades” (_Fifth Annual Report of the Federation_, 1904, p. 11).

[658] In addition, twelve workmen, mostly miners, were elected under the auspices of the Liberal Party. Nearly all these came over to the Labour Party in 1910 (_History of Labour Representation_, by A. W. Humphrey, 1912).

[659] _Report of Royal Commission on Trade Disputes and Trade Combinations_, Cd. 2825.

[660] 6 Edward VII. c. 47.

[661] Trade Unionists would be well advised not to presume too far on this apparently absolute immunity from legal proceedings. It must not be imagined that either the ingenuity of the lawyers or the prejudice of the judges has been exhausted. It has already been urged that the immunity of a Trade Union from being sued should be regarded as implicitly limited to acts done in contemplation or furtherance of a trade dispute; but such a limitation has so far been negatived (Vacher _v._ London Society of Compositors, 29 T.R. 73). It is now suggested that the immunity might one day be held to be limited to acts committed by a Trade Union _in the exercise of its specifically Trade Union functions_, or for the “statutory objects” of Trade Unions as defined by the Act, and not to acts which the Court might hold to be beyond its legitimate scope, or not specifically connected with what they might in their wisdom consider to be the principal purpose of a Trade Union. (But see Shinwell v. National Sailors’ and Firemen’s Union, 1913, a decision of the Scottish Court of Session, limiting the liability of a Union to reimburse its trustees for damages incurred by them.) Thus, a new Taff Vale case, at a moment when public opinion was exceptionally hostile to Trade Unionism, is by no means impossible. Similarly, Trade Union officials should remember that their privileged position is confined to a _trade dispute_, which, as specifically defined in the Act, _does not include all strikes_; and what limits the Courts might set to the phrase is uncertain. Moreover, the Trade Disputes Act does not repeal other statutes; and Trade Union officials have been fined for persuading sailors not to embark, in contravention of the Merchant Shipping Acts. The Trade Disputes Act does not protect officials committing illegalities other than those to which it expressly refers, or under circumstances other than those indicated. See Valentine _v._ Hyde (1919); Conway _v._ Wade (1908), A.C. 506; Larkin _v._ Belfast Harbour Commissioners (1908), 2 Ir.K.B.D. 214; _Legal Position of Trade Unions_, by H. H. Slesser and W. S. Clark, 1912.

[662] A verbatim report of the proceedings (November 1908) in the Court of Appeal in Osborne _v._ Amalgamated Society of Railway Servants was published by the defendants (Unity House, Euston Road, London). The House of Lords’ judgement was given on December 21, 1909, when it was widely commented on. The most convenient analysis is that by Professor W. M. Geldart, _The Osborne Judgment and After_, 1910, and _The Present Law of Trade Disputes and Trade Unions_, 1914. See “The Osborne Revolution,” by Sidney Webb, in _The English Review_ for January 1911; and _My Case_, by W. V. Osborne, 1910.

[663] _Political Theories of the Middle Ages_, by O. Gierke, with introduction by F. W. Maitland, 1900; see also the works of J. N. Figgis.

[664] _Firma Burgi_, by T. Madox, 1726, pp. 50, 279.

[665] _Conflicts of Capital and Labour_, by G. Howell, 1st edition, 1878, 2nd edition, 1890, p. 479.