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COMBINATIONS.

REPORT

OF THE

ROYAL COMMISSION ON TRADE DISPUTES

AND

TRADE COMBINATIONS.

Presented to both houses of Parliament by Command of bis Majesty.

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Edward the Seventh by the Grace of God, of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the seas, King, Defender of the Faith, to :

Our right trusty and well-beloved Councillor Andrew Graham Murray, one of our Counsel learned in the Law, our Advocate in Scotland, Chairman;

Our trusty and well-beloved Sir William Thomas Lewis, Baronet;

Our trusty and well-beloved Sir Godfrey Lushington, Knight Grand Cross of our Most Distinguished Order of Saint Michael and Saint George, Knight Commander of our Most Honourable Order of the Bath;

Our trusty and well-beloved Arthur Cohen, Esq., one of our Counsel learned in the Law; and

Our trusty and well-beloved Sidney Webb, Esquire; Greeting!

Whereas we have deemed it expedient that a Commission should forthwith issue to enquire into the subject of Trade Disputes and Trade Combinations and as to the law affecting them, and to report on the law applicable to the same and the effect of any modifications thereof;

Now know ye that We, reposing great trust and confidence in your knowledge and ability, have authorized and appointed, and do by these presents authorize and appoint, you, the said Andrew Graham Murray; Sir William Thomas Lewis; Sir Godfrey Lushington; Arthur Cohen, and Sidney Webb to be our Commissioners for the purposes of the said enquiry.

And for the better effecting the purposes of this Our Commission, We do by these presents give and grant unto you or any three or more of you, full power to call before you such persons as you shall judge likely to afford you any information upon the subject of this Our Commission; and also to call for, have access to and examine all such books, documents, registers, and records as may afford you the fullest information on the subject, and to enquire of and concerning the premises by all other lawful ways and means whatsoever.

And We do by these presents authorize and empower you, or any three or more of you, to visit and personally inspect such places as you may deem it expedient so to inspect for the more effectual carrying out of the purpose aforesaid.

94. 3000.-Wt. T.L. 177. 2/06. Wy.& S. 1629′′.

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And we do by these presents will and ordain that this Our Commission shall continue in full force and virtue and that you our said Commissioners or any three or more of you, may from time to time proceed in the execution thereof, and of every matter and thing therein contained, although the same be not continued from time to time by adjournment.

And We do further ordain that you, or any three or more of you, have liberty to report your proceedings under this our Commission from time to time if you shall judge it expedient to do so.

And Our further will and pleasure is that you do, with as little delay as possible, report to Us under your hands and seals, or under the hands and seals of any three or more of you, your opinion upon the matters herein submitted for your consideration.

Given at Our Court at St. James's, the sixth day of June, one thousand nine hundred and three, in the third year of Our Reign.

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REPORT.

To the king's most Excellent Majesty.

MAY IT PLEASE YOUR MAJESTY,

WE, the undersigned Commissioners appointed to inquire into the subject of Trade Disputes and Trade Combinations, and as to the law affecting them, and to report on the law applicable to the same, and the effect of any modifications thereof, have the honour to submit to your Majesty our Report.

1. We had first to consider what evidence we should invite to be given before After discussion we came to an unanimous conclusion on the following proposi tions :

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That we were not concerned with the general policy of the law in sanctioning Trade Unions as institutions, but that our business was to take them as they existed. That the scope of the reference did not suggest any enquiry into the law relating to Trade Combinations known by the name of "Trusts," and other similar combinations. That as the decisions of the Courts, and especially of the House of Lords, were alleged to have created hardship, which allegation was denied, and as various proposals for the alteration of the law so as to nullify or modify the effects of the said decisions had been mooted, it was right to give those who maintained or denied the said allegations, and who made or opposed the said proposals, an opportunity to be heard before us.

2. We therefore thought it desirable to invite evidence not generally but on certain specific points, and we caused a circular letter to be issued in the following

terms:

*"DEAR SIR-I send herewith the names of the members constituting the above Royal Commission, "and the Terms of Reference.

"I am desired to say that the Commissioners will be glad to receive, in the first instance, "evidence on the following points:

1. "As to the consequences of the judicial decisions which bear on the subject of Trade "Combinations and the conduct of Trade Disputes, and the status and liability of Trade Unions, "particularly with reference to cases relative to the Trade Union Acts, 1871 and 1876, and the "Conspiracy and Protection of Property Act, 1875, and the Common Law of Conspiracy.

2. "As to any facts of importance in connection with Trade Disputes and Trade Combinations "which have occurred since the Royal Commission on Labour issued their Report in 1894.

"The Commissioners wish to receive evidence on these matters in order to assist them in the "investigation whether any, and if so what, amendment of the existing Law, Civil or Crim"inal, relating to Trade Disputes and Trade Combinations, is desirable.

"I am desired to ask you whether you would be willing to give evidence on any of the "points above indicated,

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3. These letters were sent to 227 representatives of employers, to 72 leading representatives of Trade Unions, and to 18 other persons who either desired to be heard on specific points, or were known to have expert knowledge of the subject.

* This circular letter was sent out at various dates during August and September, 1903.

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