The labor world. [volume] (Duluth, Minn.) 1896-current, 1900-10-27

HOW ARBITRATION PREVENTS THE
STRIKES AND LOCKOUTs.

the ,NcW Aea1anU SyAtem, D1SCuS-
ses Its Merits Apropos Of the Big
Coal Miners Strike-The Public IL
n Third Party in All Strikes and
Should Therefore Have Right Of
Redress.
During the last five years there have
been some severe struggles between
the coal mine owners and coal miners
Of New Zealand. There was this strik-
ing similarity to the situation in this
country-the coal of New Zealand is
controlled by ring, one of the few
trusts" in that country.
The fuel supply is in the hands of it's
most powerful and wealthy private
transportation interests. The regula-
tion of supply and price Is absolute and
extends to an alliance with the "coal
ring" Of Australia to prevent any re-
lief to the, public from the mines Of
New South Wales. The workingmen
on their side are thoroughly organized,
as in Pennsylvania.
Between thsee two formidable bodies
irreconcilable differences, as in Penn
sylvania, have arisen as to wages,
hours and other conditions Of labor.
The people of New Zealand, tired Of
being brought to the verge of financial
panic and civil war time after time by
strikes that racked the social structure
to its foundations made up their minds
that while capital and labor should be
left free to haggle and struggle all they
choose they should never again be al
lowed to make war on the public by
making war on each other.
They could have all the vendettas
and duels and private wars their differ
|ences Of opinion and interest called
for, but these must be fought out as
other citizens must fight out their busi-
ness 6isputes-in a civilized courtroom
of arbitration. ..- .-
In the case of the New Zealand
"strike with a difference the official
corresponding to the one who is becom-
ing so we'll known to our newspaper
readers as "the president of the United
Mine Workers. after exhausting every
private effort for settlement, did not
go issuing "ultimatums' to the mine
owners or "statments" to the public.
He and his associate in the direction of
the union entered suit in it's name
against the mine owners under the ar
bitration law. The "coal barons' were
thus placed in the position any one oc-
|cupies who finds himself sued in q
|cpllrt
bitrat Hon law Osinl ys tlie eSl
company made defendant took hieh
ground and sent a representative to say
that they would not appear. They were
informed that in doing so they would
suffer the same consequences as in any
other court. Judgment would be given
against them by default and would cer-
tainly be enforced. Upon this they de.
cided to appear. ...
This is the contribution New Zealand
trial arbitration which is. in progress
the world over. It has given it's arbi-
tration courts the powers all real
courts must have-that of compelling
the production of testimony and of en-
forcing their decisions.
In both the lower court, called the
conciliation board, and the upper and
final one, the court of arbitration, the
coal company asked that their lawyers
might represent them. The law does
not favor such interposition of paid
and professional advocates and requires
that the consent of both parties be nec-
lessary for the admission of lawyers.
In this case the miners refused their
consent, and the case was argued by
practical miners on one side and prac-
tical employers on the other. Both the
courts were composed of representa-
tives elected, in equal numbers, by the
organizations of labor and capital, with
an impartial chairman. In the arbitra-
tion court this place Is held by a Judge
of the supreme court. If there were
such an arbitration court in Pennsyl-
vania. it would be presided over by
Judge Green or Judge Williams or some
other associate justice of the supreme
court.
Experts are called in, as the law per-
mits. to assist the board of Cancellation
and the arbitration court in decipher-
ing the more technical points and re-
manned with them during the prepara- =
ton of their decision.
The decisions of the court-there was
more than one coal Strike" before it
dealt with obscure technical details of
mining and with broad questions of
policy with equal success, Some of the
demands of the men were granted,
some refused. . The company lost some
points, but gained others. A settle
ment was made and ordered by the
court to hold good for two years.
For two years ahead the company
could make contracts without ''strike
clauses" the miners could incur obli-
cations, like the purchase of home,
with no fear of stoppage of work and
income by strike or lockout
In the news from Pennsylvania we
read that the coal companies, in antici-
patton of a prolonged struggle, paid off
all their men immediately instead Of
waiting for, the regular pay day, Oct:
49, and have severed all, connection
with their former employees In one
colliery alone $500 men were thus "sev-
ered." We read also of large bodies Of
men marching from colliery to colliery
in the: Wilkesbarre and Lehigh regions
in. an effort to induce miners. still at
work to quit. s'' = 81 ,''c"s' &. T.,