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"It can hardly be doubted that the facility duced into the late Parliament to require the thus afforded to a trade union to direct or trade union as a term of the submission of any maintain the operations of the active partisans question as to future wages to arbitration to in a trade dispute with immunity is conducive give security for its observance of the award by to infractions of the law. Its pickets will care making a deposit of money. But this device little for the risk of fines when they know the for the partial and indirect solution of the diffidefense will be conducted at the union's cost, culty would rarely commend itself to the offiand the amount of the fine will usually be cials of a union for adoption, even if they hapmeasured by the poverty of the prisoner, al-pened to have sufficient funds available for the though it is paid out of the war chest of his
purpose. backers. Its agitators will be reckless in pub
“There can be no doubt that, just and exlishing libels, or in urging workmen to break pedient as the alteration of the law here sugtheir contracts, if they also are defended by gested appears to be, it would not be agreeable union funds, and are too poor to fear a judg- to many of the trade union leaders. “The bare ment for damages or costs. The apparent un legalization' (by which, it is presumed, is meant fairness of forcing an employer, competent and the incorporation of the unions) 'would have compellable to pay if he is in the wrong, to pro- brought trade unionists under the general law ceed against or to answer proceedings by work and subjected them to the constant and harassmen who have nothing to pay with, and behind ing interference of courts of justice. The whom their union stands to provide funds so spirit of the law and the prejudice of lawyers long as it pleases, and no longer, it is not neces
were and are alien to the purposes and collectsary here to dwell upon. But there are other live action of trade societies,' say Mr. and Mrs. considerations which suggest that the incorpo- Webb. And in a minority report of Messrs. Abraration of the unions would be for the public ham, Austin, Mawdsley and Tom Mann, atbenefit. Collective bargaining between the tached to the report of the royal commission on union, representing the workmen of a trade, labor, these gentlemen state that, in their opinand an employer or group of employers, is re- ion, the proposal is open to the gravest objection. garded by many observers as the most hopeful This suggestion,' they say, 'is, that it would be proposal for the determination of industrial
desirable to make trade unions liable to be quarrels. The modern trade union has always
sued by any person who had a grievance against declared this to be one of its primary objects.
the action of their officers or agents. But effective bargaining is impracticable, and
trade union were liable to be perpetually haeffective contract is out of the question, unless
rassed by actions at law on account of the doeach party can be made responsible to the
ings of individual members ; if trade union other if he attempts to break the agreement.
funds were to be depleted by lawyer's fees and And, further, if the experiment of arbitration
costs, if not even by damages and fines, it whether optional or compulsory- is ever to be
would go far to make trade unionism impossifairly tried, the incorporation of the unions is an essential condition of the undertaking. To ble for any but the most prosperous and experi
enced artisans.' allow the authority of a union to be exerted, and its funds to be employed for the purpose
“No doubt it would be advisable to mainof urging or aiding its members to disregard tain the rule of the act of 1871, which denies the award of the referee, would be to strike his the court's jurisdiction over agreements bejurisdiction with impotence. No employer tween the members in regard to membership, would continue to submit to the chances of ar- or in respect of sick fund and other benefits. bitration if, in the event of a determination in Perhaps it would also be necessary to require his favor, his real opponent were permitted to the sick and insurance funds to be separated disobey it with impunity. The obvious inap- from the strike and other funds of the unions, plicability of this peaceful method of settle and to protect the former from liability.
But ment for industrial disputes to the present legal the exemption of the union and its funds from positions of the parties has led Sir John Lub- liability to the law which its officials have bock in the Arbitration Bill, which he intro- broken on its behalf ought not to commend it
self to the law-abiding sections of the com- such an agreement was made to depend upon munity.”
actual proof of public prejudice or injury, it
would be very difficult in any case to establish In People v. Sheldon, 139 N. Y. 251; 34 N. the invalidity, although the moral evidence E. 785, certain coal dealers organized a com
might be very convincing," pany known as the Lockport Coal Exchange. The object of the organization was to prevent Undoubtedly there is a peculiar prejudice on competition in the price of coal among the re- the part of many Americans against individuals tail dealers in that city, by constituting the ex- who either have titles thrust on them or who change the sole authority to fix the price which earnestly seek them. Their is no particular should be charged by the members for coal sold stigma attached to the numerous military and by them. Sheldon and others, members of the political titles in this country which many have exchange, were indicted, charged with the prefixed to their names. The article on the offense of doing an act injurious to trade or Anomalies of Law Peerages which appeared in commerce. The trial judge submitted the case the Law Times was as follows: to the jury upon the theory that, if the defend- The fact that the peerages to be conferred on ants entered into the organization for the pur- Sir Henry James and Mr. Matthews are to be pose of controlling the price of coal and man- granted in special remainder, and will descend aging the business of the sale thereof, so as to respectively to the brother of Sir Henry James prevent competition in the price between the and the nephew of Mr. Matthews, may render members of the exchange, the agreement was
it of interest to note that in the last and present illegal. The jury found the defendants guilty. centuries several peerages granted to legal perIt was held that the principle upon which the sonages have been in special remainder. Thus, case was submitted to the jury was sanctioned in the last century, the peerages of Lord Mans· by the authorities.
field (lord chief justice), of Lord Thurlow (lord Andrew, C. J., in delivering the opinion of chancellor), and of the Earl of Rosslyn, better the court, said: “The question is, was the known as Lord Loughborough, the immediate agreement, in view of what might have been successor of Lord Thurlow in the lord chandone under it, and the fact that it was an agree. cellorship, were all granted in special remainder; ment, the effect of which was to prevent com- while, in the present century, the peerage petition among the coal dealers, one upon granted to Lord Brougham on becoming lord which the law fixes the brand of condemnation? chancellor, and to Sir Edmund Beckett, Q. C. It has hitherto been an accepted maxim in po- (Lord Grimthorpe), were likewise in special litical economy that competition is the life of remainder. trade.' The courts have acted upon and In one instance, at least, a peerage granted adopted this maxim in passing upon the valid in special remainder has raised questions of the ity of agreements, the design of which was to highest legal and constitutional interest. Thus, prevent competition in trade, and have held in 1800, an Irish peerage was granted to Mr. such agreements to be invalid.” Again, he Blake, limited to him and to his heirs male, and says: "Agreements to prevent competition in "in default thereof to the heirs male of his trade are, in contemplation of law, injurious father." Mr. Blake died without male issue, to trade, because they are liable to be injuri- and predeceased his father, to whose heirs the ously used. The present case may be used as peerage was limited, but Nemo hæres est viventis. an illustration. The price of coal now fixed by The editor of the Cornwallis Correspondence the exchange may be reasonable in view of the thus wrote, fifty years after this creation: “At interests, both of dealers and consumers, but Lord Wallscourt's death his father was still the organization may not always be guided by alive with an heir apparent only in the person the principle of absolute justice.
If of a grandson. · Doubts arose as to whether in agreements and combinations to prevent com- law the peerage was not therefore extinet, and, petition in prices are or may be hurtful to trade, although the young man succeeded to his the only sure remedy is to prohibit all agree- uncle's title, neither he nor any subsequent ments of that character. If the validity of Lord Wallscourt has ever brought the question
to issue by claiming to vote for an (Irish) repre- Baron, and Lord Russell, the Lord Chief Jussentative peer.'
rice of England, would not have, as an ex-Lord Then, too, it has not been unusual to confer of Appeal in Ordinary, a seat in the House of a peerage on the wife of a law officer of the Lords. Crown whose services in the House of Commons could not be spared to his party. Thus,
In line with much that we have said in regard the wife of John Wolfe (afterwards Viscount to simplicity in legal procedure and the steps Kilmardon and Lord Chief Justice of Ireland) in the right directions is the adoption by the was, during his Attorney-Generalship in 1795,
Illinois Legislature of the Torrens act, which created Baroness Kilmardon ; so to the wife of this winter became a law. The Chicago Legal John Toler (Earl of Norbury and Lord Chief News, in speaking of this statute, says: Justice of the Common Peas in Jreland) was,
“One of the most important acts passed by while he was Solicitor-General, created Baroness
the Legislature of this State at its session which Norwood. In England the wife of Sir John ended the 14th of June, is the “Act concern(Lord Campbell) was, in 1836, when her hus-ing Land Titles," commonly called the Torrens band was Attorney-General, created Baroness law, after Sir Robert Torrens, who first proStratheden. She died a year before her hus- posed the system for South Australia, where it band, who was also elevated to the peerage, had been in operation since 1858. Illinois is and on her death her son, the present Lord the first in this country to put that system upon Stratheden and Campbell, in the lifetime of his its statute books. It will be found in the Legal father, became a peer of the realm.
News edition of the session laws of 1895, which It is, moreover, a curious circumstance that will appear in a few days. By the terms of the all efforts at the reform or modification of the act, however, it is not to take effect in any constitution of the peerage have been made in county until it is adopted in that county by a the cases of peerages conferred on legal person
vote of the people. The friends of the act ages. Thus, in 1856, when an attempt was
believe it will be adopted in Cook county by an made to create life peerages, Sir James Parke, overwhelming vote at the next November eleca baron of the Exchequer, was created by
tion. letters patent, under the title of Lord Wensley
“Under this act the title is registered in condale, a peer for life only. The House of Lords, tradistinction to the registration of the evidences at the instance of Lord Lyndhurst, an ex-Lord of title. The central principle of the act is that Chancellor, whose speech, full of quotations every question, whether of form or substance, from black-letter authorities, repeated from that may affect the title or interest intended to memory, his sight being impaired, was regarded be conveyed, shall be settled once for all at the as one of the greatest of intellectual efforts, re
time of the transfer. fused admission to a life peer. The Crown “As a consequence there will be no going yielded to their pretensions, and Lord Wensley-back of the certificate of title. The history of dale received a fresh creation by a patent re- the title back of this certificate is rendered of ferring to his heirs male, although he had no as little consequence as the history of the title male issue. Again, when the Lords of Appeal in to a share of stock in a corporation. There Ordinary were first constituted under the pro- will be no occasion to it.quire into it. This visions of the Appellate Jurisdiction Act in will, in time, do away with abstracts of title 1876, they were to sit and vote so long only as altogether. The manner of keeping the books they held office, but they were to rank for life in the registrar's office is very simple. It is as Barons, with such titles as the Crown might like keeping a ledger account with each piece appoint. By an amending Act in 1887 Lords of property; but few books will be required. of Appeal in Ordinary, on vacating their By reference to the tract index, one will find on office, still continued to be Lords of Parlia- what page the account with a given piece of ment. Under the provisions of the original property is to be found, and by looking at that Act of 1876 we should have, in the case of page, the condition of the title will be seen at resignation or removal from office of a Lord of a glance. No transfer can be made or lien put Appeals in Ordinary, a non-Parliamentary I upon the property except upon the record. This will do away with the acquisition of title fully provides for protection in all interests by adverse possession. Squatters are given no that cannot be brought forward within five quarters under the act. No new offices are years, such as contingent remainders, revercreated if we except examiners of titles, who sionary interests, and the like. are deputies of the registrar. The recorder is “One of the prominent features of the act, ex officio registrar of titles in his county, and which it is thought will protect the rights of the offices of the recorder and registrar are infants, is that there can be no dealings with kept together. No person is compelled to the real estate of the deceased person till the register his title, but may do so at his option. heirship is proved in the probate court, and the A title once registered must continue under the court has found the rights of the several heirs system.
or devisees and has entered an order for the “ The most difficult questions which the act transfer of the title to them. On the filing of has to deal with, are those pertaining to first that order with the registrar, and the surrender registration--the effect to be given the first cer- of the certificate of title, he registers the title tificate of title. In Australia, England, Prussia, in the heirs or devisees pursuant to the order. Canada, etc., where the system is in operation, If any interested party is dissatisfied with the there is no difficulty about giving the certificate order of the probate court, he can appeal, but conclusive effect immediately upon its being when the title is once registered pursuant to granted, but in this country that cannot be the order of the court that is final, and anyone done. The Constitution of the United States, who wishes to deal with the property can thereand of the several States, render it impossible after do so safely. The policy of the act may to divest one of his interest in property except
be likened to that with reference to negotiable by due process of law, and the act does not at- instruments, which enables one to deal in them tempt to violate this principle. The registrar with safety so far as latent equities are conis not made a judicial officer, and the granting cerned, and with the least expense or delay.” of the certificate of title is not a judicial act. The certificate is not by its own vigor conclu- Part of the argument made by William D. sive. By the terms of the act, the registration Guthrie, Esq., on the rehearing of the income of this certificate starts the running of the tax cases is printed in the American Lawyer statute of limitations contained in the act. It and is so scholarly and affective that we pubis this statute of limitations running upon this lish it. Mr. Guthrie said in part: matter of record, which concludes adverse May it please the court: No one could be inclaims, and not the finding of the registrar. different to the responsibility of opening this The time given in which one may claim ad argument, nor fail to be almost awed by the versely to the registered certificate is five years. consciousness of the great importance, to the
“In other words, no one can gainsay a cer- whole people, of the questions about to be distificate who does not come forward with his cussed. It must be a subject of regret that claim within five years after the first certificate the generosity of Mr. Seward has prompted him is registered. This limitation cuts off all claims to push his junior forward when he would, so of every nature, whether in favor of infants, much more satisfactorily, have presented the lunatics, or other persons. But the law pro- results of his scholarly research. So, too, of vides for an indemnity fund, out of which any- our associates, Gen. Bristow and Mr. Wilcox. body, whose interest is cut off by this limitation We cannot consider the merits of this conor by any mistake or wrong of the registrar or troversy or seek for the true interpretation of anybody else, may obtain the value of such in- the words“ direct taxes " found in the Constituterest. The registration becomes effective at tion of the United States without realizing how once as to all persons dealing with the land intimately connected and interwoven are the after it is bought under the acť. It is only science of government and the principles of taxathose who may possibly have an interest' ad- tion. The most essential attribute of the soververse to the registered title who have the five eignty of the union is the taxing power; and when years to bring forward their claims.
we discuss it, we enter the realm of national
statesmanship. As civilization is but the art of But, if your honors please, we felt that a great governing the peoples of the earth, so political constitutional controversy, involving questions thought and activity constitute one of the su- of vital and transcendant interest to the whole preme interests of man. History, philosophy, country ought not to be permitted to resolve ethics, the nobler truths of religion itself, in a itself into a rivalry of shrewdness or a problem word, all the highest thoughts of mankind, be- of tactics. Advocates at this bar, inspired by come mere guides and ministrants to the ser- its traditions, we could not for a moment vice of politics in its grandest signification. imagine ourselves released from the responsiEach new day has needs and difficulties of its bility and obligation of patriotism. According own; new emergencies constantly arise incident to our conception of duty, it was incumbent to new modes of thought and new ways of life. upon us, as well as upon our adversaries, to The problems of to-day require for their solu- bring about a speedy determination of these tion that intellectual integrity and moral important questions, to put an end, if possible, courage which are ever so much rarer and to litigation, in the interest of the republic nobler than even the loyalty and bravery of the itself, to lay the facts before your Honors as battlefield.
fairly and as clearly as we could, leaving you to The Constitution is the political creed as analyze their significance and to adjudge the well as the embodiment of the conscience of the truth. nation; and as this court shall preserve it in- We signally fail in making our motives clear tact, according to its spirit and its letter, or if we create the impression that we are seeking permit error to affront and darken its light, so the vain and empty satisfaction of a personal will our future be progress or decline, happi- triumph, or desire the worthless honor of sucness or misery, glory or shame.
cess in the obscurity of doubt, through the lotIn presenting our petition for a rehearing, we tery of health, or by accident or technicality. anticipated and faced the censure and criticism If your Honors please, we are not challeng. it invited on the part of many who were op- ing the power of Congress to reach by direct posed to the enforcement of the income tax taxes all the real and personal property of the provisions of the law of August 28, 1894. Accountry, but we insist that the procedure and cording to ordinary methods and practice, it method of the assessment and levy of this tax was obviously inexpedient to risk reopening are unconstitutional. Doubt as to the method questions already decided in our favor. The in which Federal taxes should be laid ought to mandate of the court was about to issue upon be removed at the earliest opportunity. Months an opinion which, the Government would be were about to elapse before the Court would compelled to conclude, logically excluded from again convene. We contemplated that in these the operation of this particular law, because days, when events follow each other with such not apportioned, the tax upon all the real estate startling rapidity, an emergency might suddenly of the country as well as its invested personal arise requiring the prompt and decisive exerproperty. Yet many questions were left still cise of the taxing power of the Federal Governundetermined, probably because not adequately ment; and that as matters now stood, Congress presented, although unlimited time was allotted. might be embarrassed or hampered by the sugIt was certain that the tax would be paid by gestion that there was doubt, not as to the all under protest, or the collection of it con- power, but as to the method of laying taxes; tested in the courts. The Department of Jus not as to the power pf Congress to reach pertice would be overwhelmed with litigation. sonal property — all the personal property of the Nor were suggestions wanting that the decision country but as to the method in which Conof any circuit judge in our favor might be gress should tax it. There were also questions affirmed by a divided court. Even when we unanswered as to whether or not the Constitudid file our petition, no aid was furnished by tion required equality in taxes; as to whether the Government, but simply the intimation that or not the Constitution permitted Congress to it a rehearing became inevitable, then and then discriminate in favor of individuals and partonly it would ask to be heard anew on the nerships and against corporations; and, above questions already definitely decided.
all, as to whether or not Congress could arbi