agency, has been a fatal month. In it we lost Crawford, and now
Patterson has joined the great majority. This is the common lot of
all. Happy is the man who leaves this world for the next without
regret, feeling that his life has been of some service to his kind,
and that the people amongst whom he has lived express their
recognition of his worth by their sorrow and appreciation of his
labours. Such was our friend. If we, who stood by his bedside in the
last moments of the final struggle, could have been cognisant of his
thoughts there would have been no regret; for W. H. Patterson was the
enemy of no living man, but the friend of all. We were not so
privileged, but we were so glad to see the large crowd of people who
gathered to pay a tribute to his memory. The gathering was
diversified in its character, spontaneous in its gathering, and truly
sympathetic in its manner and spirit.
But from our regret for his loss let us turn to the influence of his
life. The true test of a man is his work. Our friend stood the test.
The real measure of a man's life is its actions; he was full measure.
He was not showy, but solid, and as such, being dead, yet
speaketh--speaks in no uncertain sounds; let us turn no indifferent
ear. The main work of his life, in conjunction with others, was the
inception, promotion, and solidifying of our organisation. It will
be the most real expression of our sorrow if we do our best to carry
forward that upon which he set his mind, and which he endeavoured on
all occasions to enforce. Would it not be sham sorrow and unreal
regret on the part of a son who on the death of a father ... a father
who by the toil and care of his life had made a position ... if he
were careless of that work, and had regard only to self-indulgence?
Little as we may think of it, there has a fortune come to this
generation and a position been gained for it by the labours of our
friend and others which cannot be estimated in money. We are apt to
test everything by a monetary standard, but in this case the test
fails. Within the life of Mr Patterson there have been effected
changes which he outside the range of wages, but which are none the
less valuable to us. These are only known to those whose working life
commenced anterior to thirty years ago. There are many who have not
the experience, and who cannot, therefore, realise to the full, the
contrast. Lightly as these may be inclined to look upon the changed
conditions, and think because these conditions exist now they have
always existed, there are numbers who know, and who are able to
compare, and rejoice in the change made.
I would not say that all is attributable to the labours of our lost
friend. No man would have protested more strongly against such an
idea than himself; but he did what he could; he never devolved his
share of work upon others.
He was earnest and determined at the foundation of the Society, and
anxious for its welfare during the whole course of our existence. We
shall best show our respect to his memory by doing what we can to
preserve and perfect the Institution.
The loss of Mr Patterson was followed by the election of Mr T. H.
Cann to the office of treasurer, Mr Wilson being appointed
corresponding secretary, and Mr Johnson financial secretary. We will
close our reference to our friend by placing on record the estimate
placed upon him by the Committee who knew him.
[Illustration: T. H. CANN]
COMMITTEE NOTICE
(_Death of Mr W. H. Patterson_)
Gentlemen,--It is with very great regret that we announce to you the
death of Mr W. H. Patterson, which took place at 6-15 P.M. on July
16th. Our regrets on this occasion are not those of formality, but
are prompted by a recognition of his worth as an official of our
organisation and his character as a fellow-worker and a man. Never
yet had any organisation a more earnest officer, nor any body of men
a more willing colleague, nor any community a more upright, honest,
and straightforward man, than our friend who has been taken from us.
He has not lived the years allotted to man, but the best part, and by
far the largest part, of his life has been spent in the cause of his
fellows. He has gone to his rest at the age of forty-nine years.
Twenty-eight of these have been spent in active, diligent
service--and useful service. He was one of the band of men who
twenty-seven years ago, in the face of difficulty, laid the
foundation of our organisation; and since that time he has been
watchful over its interests, consistent in his desire to benefit the
members, and unwearied and uncomplaining in his endeavours to
strengthen the structure he helped to rear. It was not his privilege
"to die in harness," as we are confident it would have been his
pleasure; but those of us who had the opportunity of judging know how
anxious he was, so long as he could get about, to do and advise
whenever he could. The name of W. H. Patterson is wove into the web
of our Institution, and his life will be a blessing after he has gone
from our midst. The good that he has done will live after him. Happy
shall we be if the same be said of us when Death gathers us in.
_July 17th, 1896._
1897
Miners' Federation--Washington Strike
The year 1897 was memorable for two things: the refusal of the Miners'
Federation to accept Durham as a member unless the county would agree
to support a legislative Eight Hours' Bill, and the conflict between
the Executive Committee and Washington Lodge, which settled the
question once for all whether money could be paid if a colliery were
stopped illegally, even if the Council decided to pay. These we will
take in the order stated. Towards the end of 1896 it was decided to
join the Miners' Federation. The information was sent to Mr Ashton,
the secretary of the Federation, and the application was accepted.
Then arose the question as to the meaning of Object 5:
"To seek and obtain an eight hours' day from bank to bank in all
mines for all persons working underground."
In order that the intention might be made clear the Executive passed
the following resolution:--
That Mr Ashton be written to, asking whether Object 5 in the Miners'
Federation Rules means that the eight hours have to be obtained by
State interference alone, or by organised efforts, and whether the
districts have any option or choice in the matter.
Mr Ashton replied that Object 5 was to be brought about by organised
effort or legislation, or both. As far as the district having option
or choice was concerned all members were expected to be loyal to the
Federation, to be guided by the rules, and assist in carrying out the
resolutions passed at the conferences of the Federation. That was
interpreted to mean that if Durham became a member, as all the other
districts were voting for legislative action, it would be virtually
bound to join in the demand for eight hours by State, and the
Executive placed the question on the programme for the Council held on
February 6th in the following form:--
That the county having decided to join the Miners' Federation, and we
having been informed that we must agree to support a legislative
eight hours as a condition of membership, and as we remember that the
county has decided, by ballot in 1892 and by resolution in 1895, not
to support such a measure, we cannot agree to accept that condition
until the county alter the previous resolution on the question,
either by Council, motion, or ballot.
Will delegates come prepared to say what shall be done in this
matter?
(1) Shall we rescind the previous resolutions?
(2) Shall we support an Eight Hours' Bill?
(3) Shall a ballot be taken on the subject?
The Council passed a general resolution:
"We adhere to the resolutions now standing in the Association's
minute-books--viz. that we do not go in for the parliamentary eight
hours' day, and that there be no ballot taken on the question."
That decision was sent to Mr Ashton on February 10th, the following
being the letter:--
At our Council meeting held on February 6th our members decided to
abide by their previous resolution to oppose any State interference
with the hours of labour. I am instructed by our Committee to inform
you of this decision and to ask you to let us know whether under
these conditions your Executive Committee accept us as members of the
Miners' Federation of Great Britain. On the presumption that you will
accept us as members on those conditions, I enclose you a cheque on
the National Provincial Bank, value £59 (fifty-nine pounds), being
our entrance fee at one pound per thousand members.--I am yours,
JOHN WILSON.
The receipt for the entrance fee not being sent the Executive
Committee wrote again on February 18th:
If you do not send the receipt the inference on all sides must be
that you do not accept us on the conditions stated (our opposition to
State interference with hours). If you do send a receipt, then we
shall conclude that you do accept us on the conditions, and there
will be no need to repeal the resolution of exclusion of 1893.
Two days after that was sent Mr Ashton sent a receipt, and said:
I have no desire to delay the matter of your district becoming
connected with the Federation. I enclose receipt for the entrance
fee.
As this was written two days after the Committee placed the
alternative before the Federation it was assumed that Durham was not
to be bound to the legal eight hours. This impression was communicated
to Mr Ashton on February 25th, and on the 27th the Committee was
surprised to be told:
"In reply to your letter of yesterday, Durham has been accepted into
the Federation as all other districts have been. Whatever resolutions
you may pass on general questions in your Council or Committee
meetings you must be governed by majorities at the Federation."
Then there arose a dispute about some contributions which were sent to
Mr Ashton. The amount was £245, 16s. 8d. The dispute was as to the
period which was covered by the payment. On June 30th, in a letter
dealing with the disputed point, Mr Ashton said:
I think you will agree with me that the difference on the hours
question is so great that until Durham can agree to withdraw their
opposition to the Miners' Eight Hours' Bill, it is most unwise to
keep their connection with the Federation.
And on July 10th the cheque for the £245, 16s. 8d. was returned to
Durham, and the separation mentioned above was effected by the return
of the contributions.
The Executive Committee then summarised the situation as follows:--
We decided to join the Federation. We then found that we had
resolutions standing against the eight hours. By our own decision of
February 6th we resolved to abide by those previous resolutions. We
then informed Mr Ashton, as secretary of the Federation, that we had
so resolved, and enclosed the cheque for our entrance fee, with the
understanding that if the receipt were sent we were accepted on those
conditions. Our Council again on May 29th reaffirmed our opposition
to the eight hours, and we wrote to Mr Ashton and sent our quarter's
contributions, and said we were desirous of remaining members on wage
questions. We were then asked to say whether we could pledge the
county to come out on strike, which we could not do. The conclusion
of the whole matter then is, because we could not give a pledge to
come out on strike on every occasion when so ordered, and because we
were resolved to oppose the eight hours by State interference, our
contributions are returned, and we are told by actions--which speak
louder than words--that we are not to be members. We are not to be
allowed to judge of our own circumstances and peculiarities, but must
submit the most important part of the conditions of our labour to
those whose conditions are widely different from ours, and who,
knowing nothing of our circumstances, would force us to be guided by
the changes they require in the hours of labour.
THE WASHINGTON STRIKE
It will be observed that there has been no mention of local strikes
except there be some peculiarity related to them. There is such in
connection with this strike. It was of great importance to the
Association and the maintenance of the rules. There had been numbers
of illegal stoppages, and although the leaders and members at the
lodges affected knew they were breaking the rule, yet they persisted,
and were enabled to carry a vote in Council that they should be paid
from the General Fund. It was felt that once and for all the question
should be decided, and it should be shown that where the constitution
of the Association was violated the violation should entail forfeiture
of benefit, or else of what use was it to have rules or Committee of
Management? To go on in such a loose manner was to make the rules a
byword and a mockery. It was time they should have the seal of
reality, and be placed on a sure foundation, so that order should be
maintained, or at least those who with open eye did wrong should know
that their action would not receive condonement, and they be paid the
benefit of the Association, as if they had obeyed its provisions.
That was the question to be decided. Should the rule be the guide, and
the Executive Committee have the management, or should lodges be
allowed to stop their colliery in opposition to the constitution, and
suffer none of the consequences? The Washington case afforded the
opportunity for the settlement, and that is the reason why it is made
part of this history. The dispute arose about the application of an
agreement made by themselves. The nature of the agreement is of no
import now. The action of the lodge and its relation to the rule is
what we have to consider. The manager put one interpretation on the
agreement, the workmen another, and they were the signatories. Numbers
of agreements had been disputed prior to that, and had been brought
before Joint Committee or some other properly arranged tribunal, and
managed by the agents, or Executive, in accordance with rule.
Washington, however, set rule aside, disregarded the Committee, and
stopped the pit on the 10th of August. On the 11th the corresponding
secretary met their deputation in Newcastle, and told them they were
acting illegally, and that they could not be paid from the funds. The
deputation, however, were confident the Council would grant them
strike pay, although they admitted they were breaking the rule. Other
means were adopted to induce them to resume work. The lodge appealed
to the Council for a grant; it was not put on the programme. The
trustees objected to the treasurer paying the money. They had taken
the opinion of Mr Atherley Jones previously. The question submitted to
the Counsel was: "Supposing a lodge came out on strike in violation of
the rule, without first having obtained the permission of the
Committee or Council, would the fact that the Council, after the men
came out on strike, approved of their action alter the position or
liability of the trustees?"
The opinion was as follows:--
MR JONES' OPINION
_August 30th, 1897._
With regard to the question raised, whether, under the circumstances
described, the trustees have power to allow payments to be made to
the men on strike who have violated Rule 50, I am of opinion that
they have no such powers, and any payment so made would appear to be
a direct breach of trust. Nor do I think the position or liability of
the trustees would in any way be altered by the subsequent vote of
the Council approving such payments. The wording of Rule 51 is quite
clear:--
"Any lodge ceasing work" "under the circumstances which have
happened" "shall forfeit all claims on this Association"; and even
though the whole Association were to vote in favour of strike pay
being granted, I cannot see how the effect of that rule could be
removed.
Standing upon that advice, the trustees refused to allow the money to
be paid. The lodge requested the Executive to call a special Council
to consider whether a grant should be given them. The request was
refused, because, as the rules had been violated and the trustees had
decided that no money should be paid, it was no use calling the
Council, seeing, if the vote were given to pay, the decision could not
be carried out. However, the question was brought forward at the
conclusion of a Council, and the delegates decided to pay a grant
equal to strike allowance, but the trustees refused to allow the money
to be drawn from the bank.
The Executive then placed the position before the members. They said
the giving of a grant was but a form of evading the provisions of the
constitution. The decision of the Council placed the treasurer in a
dilemma: either he had to refuse to pay, or face a prosecution in
court for paying money contrary to rule. The Committee had, therefore,
either to leave the treasurer to his own devices, or call the trustees
together, and place the whole question before them. The meeting was
held in the office of Dr R. S. Watson, who was one of the trustees.
They decided to take the case to the Court of Chancery, and to inform
the Washington Lodge of their intention, and give them the
opportunity of being parties to the case. Mr Isaacs (the Association
lawyer) was instructed to write the lodge, which he did. He said he
was instructed to inquire whether they wished "to be a party to the
proceedings, and if so, to kindly supply me with the name and address
of any one of your members whom you may appoint to represent the
lodge."
After some negotiations, and with the view to make the matter mutual,
the Executive agreed to bear the cost of the trial for both sides. The
hearing did not take place until the 8th of February 1900, but in
order that we may keep it in close connection it will be well to
consider it here. It was heard in the Chancery Court, before Justice
Cozens Hardy. The Association was represented by Mr I. Isaacs, its
legal adviser, and the lodge by Mr C. W. Newlands of South Shields.
There were able barristers on both sides. The judge decided:
If these men came within Section 22 it must be because these
particular men must be considered deserving, and also within the
objects of the Association. He thought unless there was something to
strike them out the argument on their behalf was well founded. The
real question was whether, although the language of Rule 3 defining
the objects of the Association included them, they had not by 51 been
removed. He thought that was the case. He did not think he could
limit the effect of that rule so as to make it mean that they should
forfeit only the absolute right to have 10s. per week under Rule 52,
which it was admitted they had lost. He thought the exclusion applied
not merely to claims as of right, but to all protection from the
Association, and they could not be deemed legally or properly objects
of the benefits of the Association.
So far as the Executive and trustees were concerned that trial and
decision were satisfactory, but the lodge said they wanted it taken to
the Court of Appeal. So far as bearing the cost of the trial was
concerned the pledge had been carried out, and the Committee were
surprised when it was suggested to carry the case to a higher court.
However, as they were desirous to have the case properly decided, and
that there should be no room for doubt (the welfare of the Association
being their great consideration), they agreed, and guaranteed the
payment of the entire costs. The appeal was heard on November 11th and
12th, the Judges being Rigby, Romer, and Vaughan Williams.
A strong effort was made to reverse the decision. All the skill,
plausibility, and sophistry of very able lawyers were used. The rules
were purposely disparaged and travestied, in order that a prejudice
might be created against them, but the judges unanimously agreed with
the finding of the Court of Chancery.
This is a bare record of facts of a dispute and trial which was
fraught with importance to the Association. It generated a great deal
of bitterness. The leaders could have had no personal ends to serve.
Their aim will be truly set forth by a quotation from the _Monthly
Circular_ for November 1900.
MONTHLY CIRCULAR, 1900
(_The Lessons of the Trial_)
The trial is over, and, so far as any personal feelings are concerned,
the sooner it is forgotten the better it will be for our Association.
To guard and strengthen that should be our first thought and care. But
while it will be beneficial for us to forget any attribution of ill
motives, and evil speaking or ruffled feelings consequential thereto,
we shall be wise men if we gather up the lessons which come to us.
This battle has been fought for one purpose only, and that is to
support the authority of the rules. To that end, and that alone, have
our efforts been devoted. The great question at this moment is:
Whether it is better to have a set of rules which requires that the
Committee of picked men (responsible year by year to the will of the
members) should have a knowledge of, and be called in to assist in,
the settlement of disputes before a large colliery is stopped, and a
serious expenditure thrown upon the Association; or whether a lodge
shall have a free hand to stop a colliery at will, and then run a
chance of creating a favourable feeling, and receiving large sums
from the funds, when, if the Committee had been consulted, the matter
might have been settled; or if not, a strike entered upon legally.
Another lesson is that, having received the sanction of the courts to
our rules, and having lifted them out of the uncertainty by which they
were surrounded, we shall do well to keep them in the certainty in
which they have been placed. It is very clear that an attempt will be
made to alter the rules which guide this matter. If so, a lax (and
ruinous) state of things will be introduced. For the last two or three
years the same attempts have been made, and again this year
resolutions with the same object are sent in. The rules which place
the affairs of the Association in the hands of the Committee (before a
stoppage) have to be erased or mutilated, and rendered useless. Surely
it is better, and more conducive to the welfare of the Society, to
have our affairs placed on business lines, than to have a code of
rules which will admit of loose procedure, and spending illegally
large sums of money, which will be wanted whenever the depression of
trade sets in.
My advice to you is to consider carefully every amendment which may
come before you. Trades organisations will prosper most when they are
founded upon, and guided by, business principles.
1898
The Wages Question--The Compensation Act
The uncertainty which the Federation Board had pointed out as the
inevitable result of the abolition of the Conciliation Board soon made
itself manifest. There were continual demands being made upon the
Federation Board to seek advances, but they felt how difficult it was
to get reliable data upon which to found a claim. On March 22nd they
gave the county an account of an interview they had with the employers
on the 12th of that month. The suggestion as to the claim for an
advance being made was not supported by any data, and when they met,
the employers pointed out that the indications were in the direction
of depression more than the expansion of trade, and therefore the Wage
Committee could not recommend to the owners to concede an advance.
That refusal the Board advised the workmen to accept until there was
some better trade prospects.
"Like prudent men, and, acting upon the lines you would have us
proceed upon, we are convinced it will be more hurtful than useful to
initiate or press a demand for an advance unless the state of the
markets warrant such a course."