THE Wairarapa Age MORNING DAILY. MONDAY, MARCH 16, 1908. EXTRA-JUDICIAL.

Wairarapa Age, Volume XXXI, Issue 9040, 16 March 1908, Page 4

THE Wairarapa Age MORNING DAILY. MONDAY, MARCH 16, 1908. EXTRA-JUDICIAL.

_ > In giving a very lengthy judgment in the Blackball strike case on Tuesday, Mr Justice Sim made an excursion into regions that are beyond legitimate judicial bounds. The Court was called upon to decide as to whether a strike within the meaning of the Act had taken place at the instance of the Miners' Union. Having found in the affirmative and given reasons for the decision, it might be supposed that the Court's duty ended, but Mr Justice Sim, the President, towards the end of his deliverance entered into a criticism of the conduct of unions generally, which it would have been wiser to have left alone. He said : "There is one aspect of the matter in connection with the present strike to which it is desirable to refer. It appears from the evidence that several Trades and Labour Councils, and also some Workers' Unions, in the dominion, have passed resolutions expressing approval of the present strike. Now, the whole purpose of the Conciliation and Arbitration system is to prevent strikes, and it ia clear that arbitration and strikes cannot exist together as remedies for settlement of industrial disputes. The workers of the dominion must make up their minds which remedy they desire to see retained. They cannot have both, and they must elect which they support. If they are satisfied that it be better for them to have the arbitration system abolished, and and the right of striking restored in its entirety, there would be little difficulty, we think, in persuading the employers to concur with the workors in asking the Legislature to bring about a change, and the employers would assist, no doubt, with

becoming cheerfulness in performing the obsequies of the system. If, however, the workers desire to retain the present system of arbitration, either with or without modification, then they ought to realise that every strike which takes place, and every resolution which is passed approving of a strike, furnishes an argument for the abolition of the system of arbitration. The system which does not prevent strikes is a failure, and cannot survive. If the workers, by striking, and approving of strikes, bring about the destruction of the arbitration system, they may have occasion in the future to deplore when too late the sad want of foresight shown by their leaders." The Arbitration Court in giving utterance to these observations acted with serious indiscretion, for it is altogether out of its province to make suggestions as to how the system of Arbitration can receive its quietus. The function of ihe Court is to uphold the law and enforce respect for it within the scope provided by the law itself. To indicate a means of rendering the Act nugatory is not the way to achieve that end, and it seems to have brought about the reverse, for whereas before the delivery of the judgment the majority of the strikers had agreed to a compromise, they decided immediately after the judgment to continue the strike'until they fully achieve their ends. Apart from a lack of discretion in the portion of the judgment quoted above, there was a distinct lack of logic; for to declare that "every strike which takes place and every resolution which is passed approving of a strike furnishes qn argument for the abolition of the arbitration system," is absurd; just as it would be absurd to declare that every failure to prevent crime furnishes an argument for the abolition of the criminal code; or that every effort at social reform should be abandoned because in some cases it [fails to effect reform. There have been few strikes since the 1 Arbitration Aot was passed,, but such i a tag to a judgment of the Arbitration Court as was given by Mr Justice Sim is not calculated to increase regard for the law—or of the Court.

A short, time ago Mr J. T. M. Hornsby,M.P. f=r Wairarapa, brought under the notice of the Laud Board the plight of the settlers of Tawaha. The floods last year and the drought this year had placed them in a desperate condition, and it was pointed out that unless a remission of a year's rent were made some of the settlers would have to go off the land. We are pleased to note that Cabinet has decided, upon the recommendation of the Board, to remit one year's rent. There are some twenty settlers affected, and the concession amounts to about-jfil.ROO. It is to be hoped this will enable them to tide over their difficulties.