The Montgomery advertiser., 1906-07-08


 I country in a state of apprehension
 over the threatened coal strike. a bie 1 typographical strike in full progress
 the lake shore industries paralyzed ! by stubborn strike, and numberless smaller strikes making across the days their usual trail of loss and blood shed, our system of industrial warfare | seemed more than ever unspeakably ] wasteful and shocking. For I had Just | come from New Zealand. where for two months I had been studying the 1 practical workings of industrial arbi- tration. By a singular combination oi | circumstances the coal strike has been l averted-for this time--and the whole 1 country bfeathes more freely But as l long as we hold to our custom of set ting industrial disputes by fighting | the country is liable to be convuleed | any day by an equal calamity either in that or some other industry.
 It has been estimated that employ CTS and workmen in the United states have suffered from strikes and lock l. outs durings the last ten years a di- rect loss of $350.oon,000 This esti- mate does not take into account the indirect loss to the public. and does not consider at all the loss of life, the widespread suffering. the embitter- ing of the spirit between labor and capital, and the inevitable training of IDe people InNO nuDlIS or ldWieSSneS6 and savagery."
 so-CalIed "Compulsory- Arbitration.
 New Zealand has had industrial ar- oitration for eleven years, and although they have been years of remarkable and constantly increasing prosperity. bringing about that rising market on which labor usually strikes in order to get its share of the growing wealth the colony has not had in all that time single strike or lockout Her sys- tenn of arbitration is usually referred to in this part of the world as "com- puisory" but the term Is not accu- rate. II Is no more compulsory arbl- tration then a suit in equity Ia com pulsory. It Is based on the principle that in any industrial dispute the public is an interested third party, and is always in favor of peaceful set tlement and that therefore when one of the other parties Is also in favor ot using reason instead of force, these two being in the majority, have q right to bring the remaining party into court for Judicial decision. The arbitra- tior act has been treated as New Zea- land treats all her legislation. as If 1t were a piece of wax, and as time and use showed It's deficiencies and It's crudftics. it has been worked over and trimmed and shaped and made to fit existing conditions and necessities. The result is that. whatever may have been It's defects in the past, 1t Is now working smoothly and successfully and to the satisfaction of all classes.
 Working of the Scheme
 The court works through the orga- nized bodies of workers and employ ers-trade unions and employers as- soeiations The act provides that these societies may be registered as indus trial unions. and such registration fhA fn Ia frtrf diction of the court and the boards of conciliation. These boards. however, have not proved sufficiently useful to justify their existence and have become a negligible factor. To bring a case before the court the complaining party must be thus registered under the act. but the court can extend the award to every trade union, industrial union, association. or emnioyer. not an origi- nal party to the case, connected with or engaged in the industry in the dis trict to which the lward relates. and under certain conditions to any part of the islands. An award also binds every worker, union or non-unicn, em- ployed by any. person on whom the award is binding. On the other hand, the court has the power to limit the operation of an award to any particu- lar locality.
 The Arbitration Court.
 The arbitration court consists of three persons-the president of the court. appointed by the Governor of the colony from the Supreme Court bench. and a representative of capital and a representative of labor appointed by the Governor on the recommendA- tion of the organized bodies respect lively of employers and workmen. The authority of the court is complete From It's decision there is no appeal. Al --A Nmk. La IA. a fine. Labor inspectors are made in spectors of awards and prosecutors of breaches. This duty was formerly in the hands of labor union secretaries, but that plan was not found to work for the general peace and harmony. Since 1t has been transferred to the labor in- spectors the law acts much more smoothly and the feeling between labor and capital has become more harmo- nious. Of late years most of the breaches of award are unintentional and the result of carelessncss. Law yers are not allowed to practice before the court.f The framers of the law wished to make of the court a practical working machine which would aim straight at results and reach them quickly, and so they tried to prevent, by this provision, the befogglng of main issues and the clogging of the courts action by Instructions, delays, and technicalities. Any union. em- ployer, or worker, bound by an award or pending the disposal of a case, who proposes, creates. aids. or abets or takes part in a strike or a lockout is liable to a fine.
 There have been several cases in former years, of extreme dissatisfaction with the decisions of the court, but it has never resulted In anything mora serious than talk. And in some of these cases, at the end of the life Of the award, both parties come anlicably before the court and asked to have it renewed. Mir. Justice Chapman, the president of the court told me that during the last tw6 pr three years there has been an increasing tendency among employers and workmen to come to an amicable agreement between themselves and then ask the court to give 1t the force of an award Half of the applications filed" he said. "a e now settled by an industrial agree ment. while more than half of tho awards are the result of an industrial agreement to which the parties wish to have given the force of an award"
 Cours Decisions. The arbitration court is not break ing down, as has been asserted, under a congestion of cases. Many of the cases before it are merely applicat tions for the renewal of awards, and these are disposed of quickly. Judge Chap man told me that In about ninety per cent of the applications now before | the court awards are already in ex- istence. As the old award continues in force until 1t Is renewed, or a new