Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1901-07-06
Courts to Stop Strikes.

of strikes. The measure is new as
yet, but has so far advanced on the
road to success that a considerable
contingent of the Massachusetts legis-
lature, in which organized labor is
generously represented. has concluded
to support its adoption in modified
form. The Massachusetts, movement
has for It's purpose the establishment
of halfway compulsory arbitration
courts for the settlement Of disputes
between capital and labor in that
state. Thesbill is based upon the law
of New Zealand. One of the leading
promoters of the Massachusetts
scheme of industrial courts" is Hen
ry Demarest Lloyd, author of an
interesting book describing his tour
of New Zealand, which he entities
ga Century Without Strikes"
From Lloyd's description of the
New Zealand statute it is inferred
that the force thereof rests more upon
public opinion than upon the letter
of the law. New Zealand employers
and employees seem to have reaches
the conclusion about FIVE years ago,
after a prolonged and costly period OF
strikes, that it would be better for all
concerned to arbitsata future 4qarrels.
The New Zealand law, however, is
only five years old. and while 1T is true
that in that time no large strike has
occurred it cannot be considered as
certain that none ever will occur
again. An examination Of New Zea-
lands law does not seem to justify its
being called compulsory law" The
penalties provided for its enforcement
as against employers would certainly
not prevent large capitalists from
closing theif works if they were de-
termined to do so, and as for t4e np9- |
visions for enforcing awards upon |
workingmen who decide not to obey |
them, they are more or less futile.
Under the New Zealand law all |
parties desiring to appeal to the state
courts must first organize and register
on the state books, Once registered
they can be summoned to the courts
of arbitration. The right to bring
suit belongs equally to the employer
and his workmen, provided they are
registered. One side must be willing
to arbitrate or no suit can begin, and
the state then obliges the other side
to come into court, whether it wishes
to OF not. There are six boards of con-
Citation, one in each of the districts
into which New Zealand has been di-
vided, and industrial disputes are first
heard and decided by those boards.
Then there remains to the dissatisfied
party the right to appeal to the s'su
preme court of arbitration" Alike
in the upper and lower court, both
sides have equal representation among
the judges by their own chosen repre-
Sentatives. The court of last resort
has for its president justice of the
supreme court. He has the casting
vote on the bench. No lawyers are
allowed to appear in case unless by
consent of both sides. The law COM
pelS the cases to be heard at once and
with small costs, and forbids either
party to strike or lock out while the
hearing is going on, or afterward to
evade the award.
In New Zealand since May, 1896,
when the first case was tried under
the act, the final court of arbitration
has heard and decided about fifty
wages, overruled the trades unions in
some of their demands and upheld
them in others. And all it's awards
have been obeyed. The courts powers
include the right to compel witnesses
to testify and employers to produce
their books and furnish all necessary
information as to their earnings and
profits, under a guarantee that the
facts shall not be made public to their
injury.
New Zealand does not and obviously
cannot make workman go to work or
an employer keep his factory open, if
he will not. All it does is to forbid
the employer who closes his factory to
reopen it except in compliance with
it's award, and the workmen from go
ing to work in that factory except on
the same terms. No company or firm
is obliged to register under the law,
and no one can be actually forced to
obey the awards after they are made.
Nevertheless, it is an interesting fact
that the great body of New Zealand'S
employers and employees have regis
tered under the law, do appeal to the
courts when they cannot agree and
have for five years, at least, submitted
to its decisions. 1t is also the fact
that the leading industries of New
Zealand have grown and prospered
under the new law, and that it is now
five years since there has been any
fight or strike or lockout of impor-
lance in that country.
In the face of this evidence the
Massachusetts, experiment, should it
reach the statute books, will be OF
particular interest to both labor and
capital in this country. 1t suggests
that approach to harmony-that need
od tGcOna m I1nitV Of infarpctS $50 aTO-