The Sun.
London, England, 1856-08-05 00:00:00

IBER.

[PRICE 4D. STAMPED SD•

MISTERS AND OPERATIVES-REPORT,
OF THE COMMITTEE OF THE ROUSE
OF COMMONS.

The select committee appointed to inquire into the
expediency of establishing equitable tribunals for the
amicable adjustment of differences between masters and
operatives, and who were empowered to report their
observations, together with the minutes of evidence_
taken before them to the house, have considered the
matters to them referred, and agreed to the following
report :

"Your committee have examined a great number of
witnesses of different positions in life, with a view of ob-
taining as much information as possible concerning the
subject of inquiry referred to them for investigation. A
considerable majority of these witnesses concur in ex-
pressing themselves in favour of the establishment of
boards of arbitration between masters and workmen ;
but on examining their evidence it will be found that
they differ as to the enistitution of the proposed boards,
aid' till more as to their jurisdiction.
" Before considering their evidence, or making any
suggestion thereon, your committee would wish to call
the attention of the house to the existing law on the sub-
ject of arbitration.
" By statute sth Geo. IV., c. 96, disputes relating to
past contracts arising between masters and workmen may
be settled and adjusted by arbitration. The matter to
be settled either summarily by a justice of the peace, or,
if that is riot agreed to, by referees appointed by such
justice, and if floe iifereea do not agree, then definitively
by the justice of the peace. And by the 13th section,
in all such cases as aforesaid, as in all other cases of dis-
pute, if the parties mutually agree that the matter in
dispute shall be arbitrated and determined on in a dif-
ferent mode to the one thereby prescribed, such agree-
ment shall be valid, and the award and determine-
t on thereon final and conclusive between the parties, and
powers are given to enforce such award.
"This act appears to be nearly inoperative. Hardly
any one, whether master or workman, ever resorts to it,
and its existence is unknown to many people.
"The following constitute the principal causes as-
signed by the witnesses whom your committee have ex.
amined forithe failure of this act :
" 1. That there exists great unwillingness to go before
a magistrate, as bearing some appearance of a criminal
proceeding.
" 2. That the arbitrators being appointed as each case
arises, it is not known beforehand who they will be,
and there is reluctance to refer a dispute to the decision
of an unknown set of men.
"3. That the workmen object to magistrates in manu-
facturing districts, inasmuch as they are generally ma-
nufacturer-,, or else in some way connected with manu-
facturers.
" To obviate these objections it has been proposed to
establish in the various manufacturing districts courts of
conciliation, similar to the Conseils de Prud'hommes
which exist in France. It is not necessary to give here
any detailed description of these institutions, as two ac-
counts of them have been furnished—one by the Board
of Trade and another by Sir Henry Halford, a member
of your committee, both of which accounts are appended
to the evidence. A member of your committee, Lord
Goderich has also given, and the Chancellor of the French
Legation in London has furnished valuable evidence re-
specting the successful working of these institutions.
Your
,committe I would, however, point out that these
conseils have no power to adjudicate with respect to fa
turf contracts.

Several attempts have been made in this country to
establish systems of arbitration without the intervention
of law. They are raid to have been successful so long as
they lasted, but have been generally of short duration.
A system of arbitration now established in the potteries
works well and is deserving of consideration. It has
lasted three year,, and a desire is there felt that it should
receive legal sanction, which it is thought would secure
its continuance.
"It is proposed by some of the witnesses to extend
the jurisdiction of any courts of conciliation that may
.in
this country be established beyond that of the Concede
de Prud'hommes in France, or that recognised by the
Arbitration Acts in England. These witnesses consider
that either party to a dispute as to the terms of a future
contract should be entitled to have it adjudicated upon
by these courts, and that although their decision should
not be legally binding, yet, being published, its moral
etfect would in most cases insure a compliance with it.
Some witnesses expressed a desire that these courts
should have power to regulate the rates of wages.
"Toe employers who have given evidence before your
committee have differed in opinion as to the propriety of
establishing tribunals of this kind, some of them, as Mr.
W. E. Foster, thinking that they would In ruostca=es be
productive of more evil than good, others, as Mr. M. D.
Hollins, being strongly in favour of their establishment.
" From the evidence before them your committee can-
not but arrive at the conclusion, that the attention of the
legislature might with advantage he direct 3 d to the sub -
ject of this inquiry, and are of opinion that the formation
of courts of conciliation in the country, more particu-
larly in the large commercial and manufacturing and
mining districts, would be beneficial. Your committee
would suggest that such a measure might be introduced
as an amendment in the present Arbitration Act, by a
reconstruction of that act in the 10th and 13th sections,
by which means both masters an l operatives would be
enabled, each from their own class or calling, to appoint
referees, an equal number by each party, having power
to elect a chairman unconnected with either side, having
a casting vote. Such a tribunal to be appointed for a
certain period, and not for any particular controversy.
"In addition to the above suggestions, your com-
mittee are of opinion that it would be desirable, in order
to give greater permanence and force to such boards of
arbitration as those above alluded to as having been
formed in the Potteries and other trades and districts,
that authority should be given to the Secretary of State,
on application being made to him, to license boards of
this description, and that immediately on such licence
being granted to any such board it should be invested
with power to decide all questions relating to existing
contracts which might be brought before it, and to en-
force its decisions.

"Your committee are, however, of opinion that it
would be impossible to give these or any other tribunals
any power whatever of forcibly regulating the rate of
wage,,, although advantages might frequently arise, even
in disputes on that subject, from the existence in the

distriet of a board of arbitration chosen from among the
masters and workmen in the trade in which such dispute
might occur, a.r, in the opinion of your committee, both
parties would frequently be willing in that case volun-
tarily to refer the question to the decision of such a
board."