Hokitika Guardian & Evening Star "WEDNESDAY, NOV. 17th, 1920. ARBITRATION.

Hokitika Guardian, 17 November 1920, Page 2

Hokitika Guardian & Evening Star "WEDNESDAY, NOV. 17th, 1920. ARBITRATION.

In the matter of settlement of industrial disputes in this country, the legal process of conciliation and arbitration does not find particular favor, and at the moment many unions threaten to deregister. The spirit of arbitration seems to he in like disfavour in Australia and commenting on the position tbo Sydney Herald remarks that it is at commonplace that the basis on which the whole fabric of justice rests is the power of the Courts to enforce decrees. In ordinary legal relationship they have this power. In every civilised country the community has by tacit consent submitted itself to their jurisdiction. It stands behind th|m to see that their decisions are carried into effect. There is no escape from their verdict for it is backed by the whole organised force of the State, and none can usurp their functions because to ihe Courts and to the Courts alone is entrusted the administration of the law. Whether it be a case of the punishment of crime, the settlement of a dispute between individuals, or. the determination of any legal issue, the authority of the Courts depends in the last resort on the collective .agreement of the people to maintain that authority. But in tlie absence of such an agreement the whole theory breaks down, If tlie community in general Is not prepared to insist upon the observance of the Court’s decrees the law which the Court administers lacks sanction. It may do useful work within a limited sphere, but it has not that which alone can ensure its supremacy. Therein, of course, lies the weakness of compulsory arbitration. It is possible that a day jnny come when public opinion will hold that to take the law into one's own hands in industrial matters is just as improper as it is in any other kind of dispute, and that an industrial award is just as binding on the parties as a judgment of the Supreme Court in ordinary litigation. Arbitration would then be compulsory in fact as well ns iij name. But that day has not yet come. We have, as it were outstripped public opinion. We have set up tribunals, but have with-held from them that comprehensive moral support that alone can make them finally effective. Men who in all other relations are stiictly honourable see nothing wrong in defy- ■ jpg these Courts or breaking their I awards, and as long as this attitude t exists ip any considerable, section- of the community the authority of the Arbitration Court must be nominal rather than real. The collective will of thepeople is not resolved to see that its jurisdiction is maintained and that its I decisions are enforced whatever they may be and at whatever cost. In the circuiinstainces two things are likely to happen, and indeed have happened. There will be the temptation to avoid legal process altogether and resort to direct action. There will nlso be the .temptation to go over the head of die Arbitration Court and deal with an industrial dispute in other tribunals. A Government which would never dream <>f itaking a case out of the hands of a Law Courf apd remitting it to an outsider for trial does not hesitate to , supersede the Arbitration Court by extraordinary tribunals cveated f.qr the purpose. So the situation is confused and uncertain. The settlement of labor troubles is as urgent now as ever it was and there is great need for some jijeans or channel through which authority can bo enforced on all parties concerned and industrial peace ensured. The Government might w$U concenj twte on this task.

The staffing of the Forestry Department appears to be going ahead with the purpose of creating a numerically strong department. Numbers will carry considerable salary, and it is evident the new Department will he costly to maintain. Quarters are now being sought to establish a local staff here, so that it will be apparent there will be a goodly number of officers stationed in Westland. ‘lt is clear, therefore, that further cost will be added to the Consolidated Fund. What is the country going to receive in return for all this? By putting up the royalty there will be more income but out of that royalty a more expensive staff will have to be maintained. More money will be taken out of the peoples’ pockets, but this extra income will be paid out again in goodly proportion to maintain the new service. This Peter and Paul transaction does not offer much consolation to the public who have to pay all the time. Also it is evident the industry will be considerably hampered by this new Department. New officers with new titles oy rather it would appear—old. officers with new titles will ,be there to justify their existence and this will ,b e demoni » ! a f ••••-' ! ■■ -jc :>i I*

strated no doubt by the use of much red tape and other hampering delays. Not the least of these delays will be the centralisation of the new department’s Work in Wellington where the Minister is to sit’in judgment on the timber industry of the dominion. The Minister will direct the situation with full and dominant powers and the industry will find this position more and more confounding. Tlie Forestry Department was born with a good deal of mystery. It took its powers in a manner which might be described as by stealth. The mystery of the details of its future policy is still well kept ancf it is only by slow degrees that meagre information is afforded. The creation of the Department was accomplished in such a way as to create in the minds of the public hereabouts a lack of confidence as to the future utility of the new control and as time goes on that feeling of mistrust rather grows. The Government however completely dominates the position and appears bent on running what it would appear is going to be a very expensive department in its own way. It 'is poor consolation for the public to have to accept this onesided position and be called upon to foot the bill all the time but such is the position. ’> 1 • ; ; i “ I !

The first meeting of the League of Nations is the first steu forward along the road to a world’s peace. What has been Raid to-day .about arbitration is very true also a.bdut the effectiveness of the League—the power or force behind its mandate. The League Was formed to promote international co-operation and to achieve international peace and security by the acceptance of obligations not to resort to war; by the prescription of open, just and honourable relations between nations; by the firm establishment of the understandings of international law as the actual rule/of conduct among Governments; and' by the maintenance of justice and a scrupulous respect of all treaty obligations in the dealings of organised peoples with one another. It .is all a great ideal—how far will it be realised ? The League has opened its conference at Geneva auspiciously. Switzerland was neutral during the war, and there for international reasons ,the Conference is 1 being held. A Belgian reoresentativ has been elected first President of the League. This is a well deserved compliment to Belgium. Belgium went into the war as a small nation to defend its rights against might. The League is to be there in future as the defender of all nations great and^ small in the maintenance of their rights. The life and being of the League depends upon its backing. President Wilson played a very important part in framing the League convenant, but the United States is outside the League, and judg>ng by the late presidentiaj election, is likely to remain iso, yet if' the United States would throw her influence into tho balance, her' strength would go a very long way in enabling the League to enforce its mandates. There are strained relations now between the United States -and Japan, and the League might be a suiable arbitrator between the two nations. At the present conference of Powers there, will he much to do in organising the administration of the League. Sectional com mltteos will require to be set tip and a great organisation put into shape. It is a memorable gathering frought with great possibilities, and the deliberations will ha following with world wide interest. May they he altogether to the advancement of a world-wide peace.