TRADE- UNIOXS 71 



ape any joint responsibility. The evidence before the Com- 

 issioners, except in cases of outrage, does not show this. It 

 the union which strikes; it is the union which demands 

 unreasonable and improper conditions. Facts will show whether 

 the union has or has not supported a particular demand on 

 the part of a number of its members. There may be some 

 attempt hereafter at equivocation ; but if all members of a 

 union are withdrawn from a given shop, the motive of the 

 strike and the attendant facts will not be easily concealed 

 from a jury. The case of outrage and crime committed by one 

 member of a union, in its interest, will always present greater 

 difficulties, just as the detection of a criminal who has com- 

 mitted murder is always more or less difficult. But even in this 

 case we strongly advocate a punishment for the union whenever 

 complicity of the main body with the criminal can be estab- 

 lished to the satisfaction of a jury. We might then obtain 

 informers without indemnification as to the whole union ; and 

 we should be spared the degradation of discovering great crimes 

 only on condition of allowing them to pass unpunished. Of 

 course occasionally this would lead to the punishment of some 

 innocent persons along with the guilty; but if innocent persons 

 belonging to an association by their supineness allow the com- 

 mission of crime or folly by their associates they must suffer, 

 and ought to suffer, precisely as the innocent shareholders of a 

 mismanaged company must suffer, and ought to suffer, by the 

 misconduct of secretaries and directors. If they fear this, they 

 need not join these associations at all. These involuntary 

 accomplices should have their remedy against single branches 

 of the society, secretaries, or others who may have involved 

 them without their consent. 



Our recommendations are briefly, Turn trade- unions into legal 

 associations, with power to contract for the sale of the labour of 

 their members ; declare what contracts are illegal, and punish 

 the association as a mass for any illegal transaction it promotes, 

 threatens to promote, or sanctions ; require publicity, and enforce 

 regular accounts ; punish individuals for misconduct as indivi- 

 duals, and punish the body for misconduct as a body. 



We have said nothing about arbitration a pet plan with 

 many well-meaning persons. Compulsory arbitration is a con- 



