EDITOR CITED FOR CONTEMPT

Dominion, Volume 4, Issue 1132, 20 May 1911, Page 5

EDITOR CITED FOR CONTEMPT

CRITICISES A JUDGE. Bi Telegraiih-rress Associalion-Oopyrisht Hobart, May 19. The editor of tho "Hobart Mercury" has been cited for contempt of tho Federal Arbitration Court in publishing a leader declaring that Mr. Justice Higgins was a political Judge. WHAT MR. JUSTICE lIIGGINS SAID. In a judgment delivered iu tho Federal Arbitration' Court last week, Hi'. Justice Higgins—who was Attorney-General in tho first Commonwealth Labour Ministry—remarked that though tho Court had power to reduce words, yet in every cass before it it had bqcn collrd upon to mako increases. "Tho reason," contimisd his Honour, "teems to be that the employer needs no Court to enable him to reduce wages. He has simply to refuse to give employment at tho wattes which ho thinks to bo too high. It ought to be frankly admitted that, as a rule, the economic position of the employee is too weak for him to hold his own in tho unequal contest. He is uuablo to resist on 'a fair thing.' 'Die power of the employer to withhold bread is a much more effective weapon than the power of the employee to refuse to labour. 'Freedom of contract' under such circunrstances is surely misnamed. It should rather be called 'despotism in contract,' and this Court is empowered to fix a, minimum wage as a check on tho despotic power. The worker is in the same position in principle as Esau, when ho surrendered his birthright for a squaro meal; or as a traveller when lie had to givo up his money to a highwayman for the privilege of his life."