The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-12-18
A VOICE RAISED
On Behalf of Compulsory Arbi-
trati0n at Conference.
H. II. Lusk Tells How 1t Works
in New Zealand.

Chicago, Dec. 1S.-The second and last
day Of the arbitration and Cancellation
conference in session here and composed
of practical and experienced men repre-
senting both capital and labor, was
marked by the first speech of the con-
ference as uneQuivocally in favor of
compulsory arbitration of labor dis
putes.
This speech was delivered by the ven
cradle Hugh H. Lusk, ex-member of
parliament of New Zealand Mr. Lusk
received the closest attention, for while
the great majority of other speakers dis
agreed with him, deening compulsory
arbitration impracticable in this coun-
try, history of the success of the system
in New Zealand aroused their deepest
interest Mr.. Lusk. in reply to Mr. Com
pers assertion last night that it was
the laboring mans right under any and
all circumstances, or merely because he
pleased to strike, declared that Mr.
Gompers was designating as liberty
what should be called license. I'm New
Zealand . said the speaker, I'VE want
no such liberty We do not want to
cause suffering among thousands of our
fellow men because we please to strike.
The main features of the law now in
course. he said, ARE, first, that it rests
upon the voluntary basis of associations,
50 that no individual, whether workman
or employer, can invoke the assistance
of the law unless in his capacity as rep
resenting an organization duly regis
tered under the provisions of the law
Thus trade unions are made in New
Zealand the basis of compulsory arbitra-
ton. Second, that before compulsiOn is
resorted to, every effort must be made
to bring about an agreement by con-
citation, applied by a board equally rep
resenting, through freely elected dele
gates, workers and employers Third
that, failing an agreement through the
agency Of the Cancellation board. either
appeal to the arbitration court for a
final decision. Fourth, that an appeal
to the court acts as a stay of all other
proceedings, whatsoever in dispute; that
is to say, that no employer shall close
his works or dismiss his workers, and
no workers shall strike against the en-
plOyerS, in connection with the matters
in dispute, until the question has been
dealt with by the court, on pain of be-
ing treated as being in contempt and
subject to fine and imprisonment. Fifth,
that the arbitration court itself shall
consist of three members, one represent
ing the workers and one the employers
associations, while the third, and presi-
dent of the court, shall be one of the
judges Of the highest court of the coun-
try. There are many other provisions
providing for the detail of working g
such as the time limit within which
case must be heard and dealt with by
the court; the publicity of all proceed
ings in the court; the appointment Of
powers of rhe court to compel the pro-
duction of all such evidence as it con-
siders necessary, or, failing such pro-
duction. the power to assume that it is
wholly adverse to the side refusing or
delaying its production. All these. how
ever, as we'll as the provisions for re-
ducing the cost of procedure by exclud-
ing lawyers from either party, may be
looked on as secondary to the main
principles of the system.
THE trial, in externals at least, is less
formal than one in the supreme court;
yet the powers of this arbitration court
are in some respects even greater. 1t
is not bound by the same hard and fast
rules of evidence as prevail in the SUI
preme court. and it is specially author
ICED to exercise a. discretionary power
not given to the more strictly legal court
in several directions. The object of this
latitude of procedure is to enable the
court to arrive at a conclusion not only
just but polite in many cases of dis
pute, where strict justice might become
oppressive to one or the other OF the
parties, or might FAIL to protect the pub
lie interests involved in the dispute. The
court, indeed, is emDhatically one Of
equity in its broad, rather than in its
legal sense: and thus it has been found
not only wise but necessary to rest large
discretionary powers in its judges
1T would not have been possible for
the capitalists of America or England
to treat with greater contempt the ex-
pertinent of New Zealand four or five
years ago than did the people of the Aus
tralian colonies at that time. Associated
workers. no less than the employers,
pronounced 1t an utterly unavoidable
fad. which was equally opposed to the
interests Of both classes, and they con-
tented themselves with watching, with
a supercilious smile, the foolish expert
ment which was 50 certain to fail Year
by year however. they have found that
it did not fail. Year by year they have
seen trade flourish and manufacturing
energy increase in greater ratio in New
Zealand than it did among themselves
While they have had the usual number
of strikes and quarrels. paralyzing trade
and impoverishing the workers. they