An Anomaly in Legislation

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Review and Herald Publishing Association · Tacoma Park Station, Washington, D. C. · Jan 10, 1907

FromReview and Herald, Vol. 84, No. 2.

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An Anomaly in Legislation

WHEN the British House of Lords amended the Education bill to death, its members knew they were opposing the will of the majority of the English people. That they feared the result of their own action and desired the favor of a certain class of the people is shown by the action taken later upon the Trades Disputes bill. This bill annuls the historic Taff-Vale decision which made trades unions liable for the damages caused by strikes, and it puts labor organizations into a class by themselves. Such a bill creates a condition of things which is truly anomalous. Railroads are held liable for the acts of their employees which cause damage or loss of life; but a labor organization may excite its members (indirectly) to deeds of violence, becoming in a sense particeps criminis, and yet such escape punishment, as an organization, for the commission of crimes by its members for which it was jointly responsible. For instance, during the great teamsters’ strike in Chicago, officials of the labor organization gave orders to certain members to prevent teams from entering certain places. Those officials knew that their agents had no lawful way of doing what they were told to do. Those men accomplished what they were set to do by throwing egg-shells filled with acid against the sides of the horses. The fiery acid burned the horses in a most cruel manner, and caused them to run away, endangering the lives of the teamsters and pedestrians, and injuring property. For such acts the labor organization was responsible equally with the hired perpetrator of the crime. In Chicago, on January 2 of this year, striking employees of a bakery threw poisonous acids upon loads of bread ready for distribution among the people. The police are holding the poisoned bread as evidence against the perpetrators of the crime.
It stands to reason that the organization should be held responsible for the damages inflicted by its agents. But in this bill which the leader of the House of Lords recommends, no damage could be recovered from the organization. This is another of the anomalies of a church-and-state régime. A law which is manifestly unfair is recommended for passage, while a proposed law that would remedy an unfair condition is buried alive in amendments. The church-and-state idea seems to blind the minds of men to the most common and fundamental principles of justice and equality.
C. M. S.