Both by the law of the land, and the public opinion on which it rests, it is now allowable for any class of men to combine together for the purpose of fixing the price at which they shall buy or at which they shall sell, provided their C. be entirely- volun tary, and subject no one to coercion. All the landlords of a state, for instance, might combine to keep up the price of grain; but if they should get a law to enable them to exact this price by prohibiting any of their body from selling for less, or for prohibiting or limiting the importation of foreign grain, then their C. would be oppressive. In like manner, a hundred bricklayers or a hundred tailors may combine not to work for less than a certain remuneration, or not to work more than a certain number of hours and they are quite free to do so, provided they do not compel any one to join their C., or do not interfere with those who are content to work on lower terms. The difficulty is to define compulsion.
Royal commissioners appointed to inquire into the subject of trade-unions and com binations of workmen in 1869 and 1875, gave an account of the history and working of the modern law, and its modifications from time to time. In 1871, two acts were passed for the purpose of consolidating and settling the law; these were supplemented by the trades-union act amendment act, 1876, which more fully defines the nature of the com binations to which the acts apply, the rights of members in certain events, and imposes conditions in reference to registration. 34 and 35 Viet. c. 31, defined What trade-unions were to be deemed unlawful, and when their contracts were not enforceable, and pro vided for the legislation of trade-unions, and the protection of their property. The other act 34 and 33 Viet. c. 32, repealed all the former laws as to violence, threats, and moles tation; but it has now been repealed by the conspiracy and protection of property act, 1875, 38 and 39 Viet. c. 86, which applies to the United Kingdom. The leading char acteristic of this act was to aholish, as much as possible, the appearance of exceptional legislation as to the mutual relations of workmen and their trade-unions, and to make general rules applicable to all businesses and occupations. It was declared that an
agreement or combination by two or more persons to do, or procure to be done, any act in contemplation or furtherance of a trade dispute between employers and workmen, shall not be indictable as a conspiracy, if such act committed by one person would not be punishable as a crime. Before that statute, what Was innocent when done by one person became•indictable when done by three or more simultaneously.
The law relating to compulsion or intimidation is now generalized, as follows: Every person who, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority (1) uses violence to, or intimidates such other person, or his wife or children, or injures his property; or (2) persistently follows such other person about from place to place; or (3) hides any tools, clothes, or other property owned or used by such other person, or deprives him of, or hinders him in the use thereof; or (4) watches or besets the house or other place where such other person resides or works, or carries on business, or happens to be on the approach to such house or place; or (5) fol lows such other person with two or more other persons in a disorderly manner, in or through any street or road—may either be indicted or punished summarily by justices of the peace, and fined £20, or imprisoned for three months with hard labor. But any person charged before justices is entitled to object to their jurisdiction, and claim a trial before a jury. If he is convicted by justices, he may appeal to quarter sessions. In Scotland, the offense can only be prosecuted by the procurator-fiscal or lord-advocate in the sheriff court or court of justiciary. Though breaches of contract by workmen are not now punished criminally, they are so in case of gas and water supply.