(c) crown copyright Catalogue Reference:CAB/23/52 Image Reference:0027

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(c) crown copyright
Catalogue Reference:CAB/23/52
Image Reference:0027
DOCUMENT I S THE PROPERTY OP HIS BRITANNIC MAJESTY'S GOvEP^rMEHT. )
c
RET.
Copy. Ho,
C A B I N E T
27
(26).
Meeting of the Cabinet to be held at 10 Downing
S t r e e t , S.W.1. on SATURDAY, May 8th, 1926, at
6.0 P.M.
A G E N D U M.
1.
' THE INDUSTRIAL CRISIS.
(Continuation of previous discussion.)
(Signed)
M . P . A. HANKEY,
Secretary,
2 Whitehall Gardens, S.W.1,
8th May, 1926-.
Cabinet.
;nnCUMENT IS THE PROPERTY 0? HIS BRITANNIC MAJESTY'S GOVBRmtMT. )
C A B I N E T
27
Copy No.
(26).
CONCLUSIONS of a Meeting of the Cabinet held at
10 Downing S t r e e t , S.W.1, on SATURDAY, May 8th,
1926, at 6.0 p.m.
PRESENT:The Right Hon. Stanley Baldwin. M.P.,
Prime Minister.
( i n the Chair).
j Right Hon.
Viscount Cave, G.C.M.G.,
Lord Chancellor.
The Right Hon.
The Earl of Balfour, K.G.,
O.M., Lord President of the
Council.
e Most Hon.
The Marquess of Salisbury,
LG.,G.C.V.O.,C.B., Lord
Privy Seal,
The Right Hon.' "
W. S. Churchill, C.H, ,M.P.,
Chancellor of the Exchequer.
j Right Hon.
Sir William Joynson-Hicks,
3t,,M.P., Secretary of
State f o r Home A f f a i r s ,
The Right Hon.
L, S. Amery, M.P., Secretary of
State f o r Dominion A f f a i r s and
Secretary of State for the
Colonies.
; Right Hon.
Sir Laming Worthington-Svans,
St, ,G.B.E. ,M.P., Secretary of
State f o r War.
The Right Hon.
The Earl of Bixkenhead,
Secretary of State for India.
Right Hon.
Sir Samuel Hoare, Bt.yC.M.G.,
M.P., Secretary of State f o r
Air.
The Right Hon.
W. C. Bridgeman, M.P.,
F i r s t Lord of the Admiralty.
Right Hon.
Sir P h i l i p C u n l i f f e - L i s t e r ,
K.3.E. ,M.C. ,M.P. , President
of the Board of Trade.
The Right Hon.
N e v i l l e Chamberlain, M.P.,
Minister of Health,
Right Hon.
Guinness, D.S.O.,M.P,,
Minister of Agrioulture and
Fisheries.
The Right Hon.
Sir John Gilmour, Bt.,D.S.O.,
M.P., Secretary for Scotland.
Right Hon.
Lord Eustace Percy, M.P.,
President of the Board of
Education,
The Right Hon.
Sir Arthur Steel-Maitland,
B t . , M . P . , Minister of
Labour. '. -
Right Hon.
Viscount P e e l , G.B.E., F i r s t
Commissioner of Works,
The Right Hon.
Sir Douglas Hogg, K . C , M . P . ,
Attorney General.
;
5if
If. P, A, Hankey, G.C.B
v
Secretary.
INDUSTRIAL
SIS.
islation.
- - 1 . The Cabinet met to consider the draft of a
B i l l to declare and arj&snd the law with respect to
i l l e g a l s t r i k e s , which had been prepared by-the
Cabinet Committee (Paper C P . - 1 9 0 (26)),.
..vioua
fere no e:
tinat 26
), O o n ­
jgion 3.)
Copies
of the draft B i l l were passed round at the outset
of the meeting and c o l l e c t e d immediately afterwards
Great stress was Laid on the d e s i r a b i l i t y of
secrecy at the present s t a g e , owing to the risk
:VlOUS
,arenoe:
:.inet 15.
,). Con­
ision 3.)
that the f i n a n c i a l provisions of the B i l l might be
frustrated by premature d i s c l o s u r e .
The Secretary
was ins time ted to c i r c u l a t e no Minutes f o r a few
days *
ADDITIONAL
iRC-ENCY
iULATlON.
nous
ferenee:
binet 20
5), C o n ­
asion 2 ,)
The Attorney-General gave the Cabinet an
explanation of the B i l l .
Discussion centred in
the main on the question of whether the pronounce-­
ment as to the existence of an i l l e g a l
strike
should be determined by the Government, subject
to confirmation by Parliament, within a s p e c i f i e d
p e r i o d , as in the case of the Emergency Powers Act,
1920,
or by the Court, as implied in the draft
Bill
The l a t t e r course was p r e f e r r e d .
An a d d i t i o n a l clause was added to bring the
Act i n t o e f f e c t
as from May 10, 1926.
Several suggestions were made f o r adding
to the B i l l , but were not adopted, as i t was
felt
to be desirable .to keep the B i l l as short and as
simple as p o s s i b l e , and therefore to confine i t to
the main i s s u e .
The Cabinet were informed that a special
Regulation would require to be passed under the
Emergency Proclamation to prevent the withdrawal
by communists of foreign (e,g.Russian) money from
the banks,
The Cabinet agreed
­
( a ) To approve the B i l l in the form
given in the Appendix ', Tor I n t r o ­
duction on Monday, May 10th, subject
to any drafting alterations that
might be found necessary or d e s i r ­
a b l e , and subject to the circum­
stances then e x i s t i n g :
(b) That the Lord Chancellor, the
Secretary of State for India and
the Attorney-General should draft
a Regulation under the Emergency
Proclamation to prevent the banks
from paying out foreign money for
purposes prejxidicial to the public
safety or l i f e of the community:
( c ) That-the Lord President of the
Council should ask the King to hold
a meeting of the Privy Council in
order to approve the above Regula­
t i o n in time f o r i t to become
operative on the morning of Monday,
May 10th.
The Appendix i s attached only to the standard
copy of the Minutes kept by the Secretary,
but additional copies are available in the
Cabinet Office in the personal charge of the
Secretary .
8. The Ohanoellor o f the Exchequer i n v i t e d h i s
colleagues, i f
questioned on the subject,
to make
i t clear that there was not the smallest necessity
or j u s t i f i c a t i o n f o r any r e s t r a i n t s on f i n a n c i a l
operations, such as a closing of the Stock Exchange
or a moratorium, and that a l l suggestions of the
kind were to be deprecated as calculated to create
alarm and to depress c r e d i t .
MINISTERS
AND PRESS
TNTERVIBWS .''
3 . The Cabinet agreed -
.
That Ministers should avoid
personal interviews with the
B r i t i s h or foreign Press,
p u b l i c i t y of the kind being
s u f f i c i e n t l y provided f o r by
the sicned a r t i c l e s appearing
in t h e " " B r i t i s h Gazette",
published by the Government
during the s t r i k e , and by .
statements, such as the one
to be made by the Prime Minister
the same evening by the wireless
broadcasting.
$ADCASTING.
4 . The Prime Minister read to the Cabinet the
d r a f t of a public statement he proposed to make
ravlous
ference:
jbinat 26
26), Con­
luaion 2 ,)
3
the same evening by the wireless broadcast,
Subject to a few sxaggestions, which the Prime
M i n i s t e r undertook to consider, the statement
.was approved, including, a f t e r careful considera­
B REPORT
f THE ROYAL
DMMISSION
:! THE COAL
DUSTRY (1925) .
-3afflm-ation
f Govern­
ant's Accept­
noe on Terms
f Reciprocity.
revi ous
aference:
abinet 13
26) , Con­
iusion 2 ,)
t i o n , the following passage:­
" I want to repeat, therefore, that
the Government i s prepared to
accept the Report, and the whole
Report, i f other p a r t i e s w i l l
do s o , "
30AL COMiVTSSlON' s
53AIRMAN*
letter
to.
5.
The Cabinet approved, subject to some
minor corrections , the terms of a confidential
l e t t e r , defining the Government s position
1
towards mediation, to be sent.by the
Minister of Labour to S i r Herbert Samuel, the
Chairman of the Royal Commission on the Coal
Industry -(1925) , who had returned from I t a l y and,
on his own i n i t i a t i v e , and without any vestige
of o f f i c i a l
authority, had held some conversations
with miners and mine-owners.
(Copy of the l e t t e r
signed by the Minister of Labour on May 9th..
1925, attached to the standard copy of the
Minutes kept by the Secretary.)
...
2, Whitehall Gardens, S.W.1,
May 9, 1926.
Draft
of
a
Bill
to declare and amend the law with respect to
illegal
Be i t
strikes,
enacted-&c.
1. (1 ) I t Is hereby declared that i t i s i l l e g a l
j
to
commence or continue, or to apply any funds in
furtherance
1
or support of,
any s t r i k e which has any
other object than the maintenance or improvement
of conditions of labour in the industry or the
branch of the industry in which the s t r i k e r s are
engaged, and which i s intended or calculated -to
intimidate or coerce the Government or the commu­
nity,
and that any person i n s t i g a t i n g or taking
part in any such s t r i k e i s g u i l t y of a misdemeanour.
( 2 ) The provisions of the Trade Disputes Act,IP06,
s h a l l not, nor shall the second proviso to sub­
section ( l )
of section two of the Emergency Powers
A c t , 1920, or any similar proviso contained i n any
regulations made under that Act. apply to any act
done i n contemplation or furtherance of a s t r i k e
which i s declared i l l e g a l under this A c t , and i t
s h a l l be lawful for the High Court at the s u i t , o f
the Attorney General to r e s t r a i n ( o r in Scotland
f o r the Court of Session at the instance of the
Lord Advocate to i n t e r d i c t )
the a p p l i c a t i o n of
the funds of any trade union society or corporation
In furtherance or support of any such s t r i k e .
Draft
of
a
Bill
to declare and amend the law with respect to
illegal
Be i t
ILLEGAL
STRIKES .
strikes.
enacted-&c.-
1. ("1 ) I t i s hereby declared that i t i s i l l e g a l
commence or continue, or to apply any funds
furtherance or support of,
to
in
any s t r i k e , which has any
.other object than the maintenance or improvement
of conditions of labour i n the industry or the
branch of the industry in which the, s t r i k e r s
are
engaged, and which i s intended " o r c a l c u l a t e d to
;
­
i n t i m i d a t e or coerce the Government or the oosirm­
n i t y , and that any person I n s t i g a t i n g or taking
...
part in any such s t r i k e i s g u i l t y of a misdemeanour.
( S ) The provi.si.ons o f the Trade Disputes A c t , 1906,
s h a l l not, nor shall, the second proviso, to sub­
s e c t i o n (.1) of s e c t i o n two of the . Emergency PowersA c t , 1920, or any s i m i l a r proviso contained i n any
r e g u l a t i o n s made under that Act, apply to any act
done i n contemplation or furtherance o f a s t r i k e
which Is d e c l a r e d i l l e g a l under this Act,, and it­
s h a l l be lawful f o r the High Court at the
suit.of
the Attorney General to r e s t r a i n ( o r In Scotland
f o r the Court of Session at the Instance of
Lord Advocate to' i n t e r d i c t )
the
the a p p l i c a t i o n of
the funds o f any trade union s o c i e t y or c o r p o r a t i o n
i n furtherance o r support of any such s t r i k e .
(3)
to
t a k e
u n d e r
to
I t
i s
part
e x p u l s i o n
d e p r i v a t i o n
of
d e c l a r e d
i n
s t r i k e ,
any
Act
t h i s
w o u l d
"hereby
i s . b y
from
of
any
o t h e r w i s e
such
or
n o t w i t h s t a n d i n g ,
and
U n i o n
s h a l l '
f o r
1 8 7 1 ,
e n f o r c i n g
see
any
For
" s t r i k e "
t h e
purposes
means
p e r s o n s
t h e
employed
concerted,
o f
c o n t i n u e - t o .
The
s o c i e t y
t o
i l l e g a l
of
in.;the
t o
h e
r u l e s
c o n t r a r y ,
the..Trade
to-, a n y
s e c u r e d
or
w h i c h
t h e
four
and
as
i n
i n c l u d e s
b y
p r o c e e d i n g
t h i s
o f
This
A c t ,
a
A c t
1 9 2 6 ,
I r e l a n d
This
May,
any
any
number
s u b ­
o f
may
b e
a
a
body
or
common
persons,
o f
a
­
employed,
union"'; h a s .t h e . same.
Union
c o m b i n a t i o n
t r a d e
u n d e r
e x p r e s s i o n
-
Trade
t h a t
by
c o m b i n a t i o n ,
r e f u s a l
"trade
t h e
a n d
a
i n
Act' the
of; work
work.,
n o t w i t h s t a n d i n g
branch
c e s s a t i o n
o r
e x p r e s s i o n
meaning'
3 ,
to
of. this
a c t i n g
r e f u s a l
u n d e r s t a n d i n g -
2 .
o r
anything-
apply-
so
d e c l a r e d
b e n e f i t
s e c t i o n
r e f u s i n g
s u c h ' r e f u s a l : - ' s u b j e c t
s o c i e t y
r i g h t
i s
p e r s o n
t i o n .
(4)
to
o r
n o t
no
u n i o n
e n t i t l e d ,
trade, u n i o n
A c t ,
of
t r a d e
r i g h t
be
which
r e a s o n
any
that
such
A c t s . 1 8 7 1
as
t h e r e i n
c o m b i n a t i o n
to
,;-.
1 9 0 6
defined,
may
b e
the'
u n i o n .
c i t e d
s h a l l
not
as
t h e - I l l e g a l
e x t e n d - to"
S t r i k e s
N o r t h e r n
.
A c t
1 9 2 6 .
s h a l l
h a v e
e f f e c t
on
and
a f t e r
1 0 t h
\
;
I
'
'
.
...
-
361
8th May, 19 26.
;
H
7 dear Samuel,
I t has occurred to me since our conversation
this
£^afternoon that in dealing with a matter so d e l i c a t e i t would be
oetter to place upon record in w r i t i n g the a t t i t u d e of the
. government as 1 understand
it.
We have r e p e a t e d l y stated that we cannot n e g o t i a t e
until the General Strike has been withdrawn.
This statement has arery p a r t i c u l a r meaning.
It
noans that u n t i l the necessary orders have been given to
withdraw the Strike or unless, the S t r i k e has come to an end
,ve cannot as a condition or inducement take part in n e g o t i a t i o n s
Bin r e l a t i o n to the mining issue.
i?or i f we did so, there would
Send could be no uncondit ional withdrawal of . the Strike n o t i c e s .
On the contrary, the true s i t u a t i o n s i n c e r e l y faced would be that
IIwe had procured the end of the General Strike by a
process of.
: bargaining.
fatally
1
The consent to do t h i s would in fact
disable the Government for a task which, as t r u s t e e s of the
community, they conceive themselves bound to undertake.
$position is p l a i n .
They hold, that the General Strike
^unconstitutional and i l l e g a l .
rake i t s r e p e t i t i o n impossible.
Their
is
They are bound to take steps to
It
is t h e r e f o r e plain that they
I cannot enter upon any n e g o t i a t i o n s unless the Strike i s so
jtinreservedly concluded that there is not even an implication
/of
of such a bargain upon their
side as would embarrass them
in any l e g i s l a t i o n which they may conceive to be proper
in the l i g h t
of recent
events.
In these circumstances, I am sure that the Government
w i l l take the view that while they are bound mosfc c a r e f u l l y
and most s y m p a t h e t i c a l l y t o consider the terms of any
arrangement which a public man of your r e s p o n s i b i l i t y and
experience may propose, i t
i s imperative to
that any discussion which you think proper to
is not c l o t h e d in even a v e s t i g e of o f f i c i a l
The Rt.Hon. Sir Herbert Samuel,
G.H.K.,
make i t . p l a i n
initiate
character.
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