“A DEBACLE.”

Gisborne Times, Volume XXV, Issue 2018, 1 March 1907, Page 3

“A DEBACLE.”

THE ARBITRATION ACT. “Has our Industrial Conciliation and Arbitration Act succumbed to tlio stross of adverse conditions? was the problem taken by a Post representative to tlio Attorney-General (don. Dr. Findlay) this morning apropos tlio all-important question or tlio liour—the futuro operations of tlio Act. Dr. Pin(ll a.v was asked wliothor, as tlio legal advisor of tlio Government, ho would grant an interview on tlio subject, and he acceded to the request. Replying to tlio questions with which the interview opened, Dr. Findlay said that people might well think,'after reading the press during the past few days, that failuro had eomo to the Act. But ho could not help feeling that benoath much mournful reflection upon the debacle of tlio system. the slaughtermen s strike was said to present, there was a little ill-concealed jubilation. However, unfriendly critics had been watching so long for some fulfilment of their forebodings that lie must not grudge them such gratification as they could got from the recent trouble Hut tliis was quite a. cliflovont t.lnnp; from admitting that the -Act broken down, and was moving towards its extinction and burial. THE ACT AS AN EXPERIMENT.

“Let ns romombor,” said tho Attor-ney-General, “that the Act began as an experiment. It did not oomo down to us as an established institution, like trial by jury, hallowed and protected by centuries of evidence and tradition. Nothing in its favor lias been taken for granted; it has been microscopically examined for its defects. It bus no impressive pedigree, and has liad to stand all the, attack and criticism which besets either a now nnin or a new institution. The Act has now been in rorce twelve years —a period long enough to, fairly try its worth, and to its critics I would suggest this crucial test: Are you prepared to repeal it? If so, what do you propose to put in its place? Concede that the Act lias its defects, is it not, with all its imperfections, infinitely preferable to the old ordor of strikes and lockouts ? A measure of order is better than chaos, and until its critics show that it is worse than useless or discover something bettor to supplant it, the Act justifies its existence. AVo have so long had freedom that wo fail to realise the value of our immunity. Other lands can furnish a reminder.” SOME STRIKING EXAMPLES. Dr. Findlay gave instances. 11l the United States of America alone there wore, from ISB9 to 19iaj, 22.793 strikes, involving 117,509 establishments, costing tlio men 55 millions sterling and the masters at .least 241 millions. The story of industrial strife in our Mother Land was scarcely less terrible, and one lesson could be found throughout. It was this: that masters succeeded in the majority of cases; also that whether masters or men succeeded, the sufferings of the men and those dependent on them were unspeakably more intonso than those of the masters. He reminded the interviewer that lie (Dr. Findlay) was in Now York in 1902, when the great coal strike was at its most acute stage. Coal was at famine prices, the winter was approaching, and tlio sufferings of the poor were intense. The strike of tlio men in that case had the sympathy of the peoplo of America, hut that did not obviate the pain and misery occasioned to the poor of the rest of the community by tho results of the strike itself.

AN ALL-IMPORTANT POINT. Continuing his comments, the speaker said that the all-important point to keep in view was that ill every' great industry there' were three, and not merely two, parties inested —the masters, the men, and the community. Tho State was more than an aggregation of individuals. AY bother it was regarded as an organism or as an organisation, it was a unity with .corelated parts. It had its rights against and duties towards these parts. It worked by means of an organised co-operation, the maintenance of which was essential nqt only to its productive power, but, in the" largest and riiost highly developed communities, to its health and existence. One great section of the community engaged in one pursuit relied, and must rely, upon another pursuit, and it was helpless if the latter declines' to 'work. This cooperation is based upon tho implied obligations of mutual trust and _ mutual" independence between the different industrial classes. Reflept upon what a combined strike of butchers, bakers and milkmen would moan to the rest of the working community of the people of AA T ellington 1 Reflect upon the suffering it would impose, especially upon those who could nob afford to pay scarcity prices, the working classes, and some idea is gained of the duty duo to the community by those engaged in each of the great industries. INDUSTRIAL PEACE ESSENTIAL Industrial peace, said the AttorneyGeneral, was as essential to tho wellbeing of society us were law and order, and it concerned the comfort, health, and even the life of all members of the community,' as well as being the concern of masters and men, and this was the ample justification of the State to interfere in industrial conflicts. “Our Arbitration Court represents the State intervening to settle legal disputes between private persons, and in this colony a strike or a lockout is an implied declaration that the State cannot be trusted to do justice. It is alleged that the Act affords for its awards no scientific basis. What scientific basis does a strike or lockout afford? At the least, one is an appeal to reason, the other is an apjieal to force. But can anyone suggest a scientific basis? AY’e should be delighted to discuss it. Certainly none of the critics of the Act have attempted to supply what it is said the Act lacks. No perfectiqn is claimed for the Act, It cannot reach the ideals of distributive’ justice ; it may be that it has no definite rules to guide it, no clear and reliable bases upon which to rest its awards. It has to grope to its conclusions rather than proceed upon a straight and lighted path. But admitting all tins can any better scheme be devised without the - complete subversion and destruction of our present industrial system?”

MAIN STRENGTH OF THE ACT. The interviewer was further given the opinion that the main strength of the Act lies in the public opinion behind awards given upon the fullest and fairest investigations of the Court. Apart from all questions of enforcing penalties for disobedience, no body of men or masters could long defy this public opinion by a strike or 'lockout. Tlie coercivo force of public opinion and public sympathy in these cases'was incalculable.

AUSTRALIA N EXPERIENCE. Reference was made to the statement from Chief Justice Darley, of New South 'Wales, cabled yesterday, that the operation of the Arbitration Act bad not reduced tlie number of strikes in bis State. It had to be remembered, said Dr. 1> indlay, that the Act bad never had friends ill the bupreme Court of New South Wales, and it cortainly bad no friend in tlie Chief Justice. Limitations bad been placed upon its powers and scope by the Higher Court no doubt owing to the difference in the statutory provisions of thq Act as compared with ours. ■ For the New South Wales Act as compared with ours. For the New South Wales Act had not the same freedom of opportunity or. the same clianco as and Dr. 1* nidljiy did not think it had been so well admin--IStereC“BENEFITS FORGOT.”

Returning to consideration of the New Zealand Act, tlie AttorneyGeneral said that it seemed easier to overlook tlie benefits the Act lias conferred on our working classes than to overlook its shortcomings. “It has entirely eradicated sweating _ from this colony, and it has placed in the hands of those wlio, without it, possessed no means of enforcing thendemand —a power equal to that originally exorcised by the wealthiest union in tlie country. Can a better illustration of this be found than in tlie creation and present operations of the Domestic Workers’ Union? The Arbitration Act, indeed, equalises the moans of each of the contesting parties, and equalises them in this wav.Before the Act existed, the main weapon was exhaustion, and exhaustion was essentially a question of wealth. In experience, the workmen liad, in tlie great majority of cases, to surrender to the employers because the workmen liad no means to live, while the employer liad. This advantage, and many others, that an impartial observer will readily admit, have been conferred upon the working classes of the colony by our Arbitration Act, and the workers should, in their own interests, determine to maintain the existing system at all hazards, SUGGESTED REFORM.

Do you not think the Act should contain some provision for allowing for the difference of the cost of living in the different districts ? the interviewer asked. “I do not deny that some, improvement may yet be effected* in the Act. If the workers can suggest ini’ 7 reasonable amendme :• or improvement it would he symp: oetically considered. I recognise that a high monoy wage is often, owing to the in-

creasing prico of necessaries, really a low wage, and I should iavor any scheme by winch the Court, in making its awards, could satisfactorily allow the higher or lower cost of living This, however, touches the real attitude tho worker should take to this legislation, nnd that attitude is lo 'improve, through Parliament mid, if necessary, through the ballot-box, the machinery and powers oi the Act, if genuine improvements can be discovered; nnd, while these improvements aro being found, workers should loyally dofoml and maintain tho legislation, in tlioir own interests as well as in the interests of llio whole community. For the present, the Minister of Labor (Hon. Mr. Millar) whoso whole life lias boon a devotion to tlio truo interests of the workers, has stated the attitude of tlio Government, which is simply tins: that the law, so long as it is on our statute book will bo resolutely maintained.

Tho restriction of the employment of child labor in American factories will be among tlio subjects to bo debated most keenly m Congress during tho next few months. Reports by trained investigators liavo been submitted to President Roosovelt. Senator Beveridge, of Indiana, is Clio principal champion ol tlio children, and bis eloquence on the national evil of using child labor has worked up public feeling in many quarters. Ho is meeting, however, a good deal of opposition from politicians representing manufacturing interests, and the fight will not. bo an easy one. Tlio reformers desiro to make it illegal to employ children in factories under tho ago of fourteen, but tlioir opponents are working to reduce tlio ? i, c to twelve, and they point to tlio scarcity of labor in many parts of tho country, which is hampering manufacturers at the present time very seriously- In some parts of the South, for instance, especially in the tobacco trade, manufacturers have been found, to use women workers for labor that has hitherto beon done by men.