After
the Sheffield Outrages in 1867 the head
of the Conservative government, Earl
of Derby, decided to set up a Royal
Commission on Trade Unions. No trade unionists were appointed but
Robert Applegarth was chosen as a union
observer of the proceedings. Applegarth worked hard checking the various
accusations of the employers and providing information to the two
pro-union members of the Royal Commission, Frederic
Harrison and Thomas Hughes. Applegarth
also appeared as a witness and it was generally
accepted that he was the most impressive of all the trade unionists
who gave evidence before the commission.
Frederic Harrison, Thomas
Hughes and the Earl
of Lichfield refused to sign the Majority Report that was hostile
to trade unions and instead produced a Minority Report where he argued
that trade unions should be given privileged legal status. Harrison
suggested several changes to the law: (1) Persons combining should
not be liable for indictment for conspiracy unless their actions would
be criminal if committed by a single person; (2) The common law doctrine
of restraint of trade in its application to trade associations should
be repealed; (3) That all legislation dealing with specifically with
the activities of employers or workmen should be repealed; (4) That
all trade unions should receive full and positive protection for their
funds and other property.
Applegarth led the campaign to have the Minority Report accepted by
the new Liberal government headed by William
Gladstone. He was successful and the 1871
Trade Union Act was based largely on the Minority Report.
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