The Birmingham age-herald., 1912-06-02
By the Canadian Industrial
 Disputes Act
INDORsED BY UNIONS
Prevents Strike Instead of Causing Reinforcement Must Be ln- formed Before Strike Is De-
 clared-Need in U. s.
By ETHELBERT STEWART United states Tariff Board


 ern industrial disputes have put upon some of our statutes and our present mechanism for adjusting such differences a strain they were never intended to bear and for which they are unsuited What Is urgently needed today" says President Taft, "is re-examination of our laws bearing upon the relation of employer and employe and careful and discrimi- hating scrutiny of the various plans which are being tried by some of our states and in other countries"
 It is precisely this fact pointed out by the President in a special message to Congress that constitutes the tragedy Of our social situation It is precisely this fact that we have no tribunals before which industrial controversies may come before they develop into conflicts, that marks the impotency of a system, fitted to the pack-mule anc the tdllow-dip stage of industrial progress. but puerile when applied 10 an era or electric nght- ing companies and empire express trains.
 Not only are our laws and our court methods poorly adapted to the present industrial situation as related to conflicts between master and servant" but they entirely ignor5 the larger problems. It was easy enough to ignore the public in the old type of industry where half dozen workmen struck against single employer whos.s customers numbered q few score. They could buy their meat or another butcher, or their coal of another pit master while the quarrel was on with their regular store."
 Today the community takes a risk un- known and unthinkab1e to those of the day and time out of which our legal the ories grew. The community takes the risk of being starved by the Arrangement of normal production by one corporation. controlled perhaps by officers and stock holders who never saw the plants in which the actual work is being done The com inunity right to a continuous supply of the necessities of life creates an obligation on the part of those supplying a social need to submit their grievances to com mittee or court of inquiry designated by the social whole, before inaugurating a suspension of that supply, either through strike or lockout and this is being recognized by the lawmakers of many countries. The Argentine Republic has recently passed a law controlling strikes and lockouts in all public utility operations
 Among the efforts being made in other countries to adjust the machinery of law to present industrial conditions pay be cited the industrial disputes investigation act of 1907 in Canada. The law ygrew out of great coal strike in thef mines of southern Alberta in the fall of 1906, which threatened to leave the prairie provinces without coal in the face of winter. By it's terms it is made applicable only to so- called public utiuties-steam and elec- tfic lfailwaSs, power and hShtinS piants 4 and to mines
 Tn such industries the law prohibits a cessation of industry, either by strike or lockout. until an Investigation has been made of the merits of the case and the public fully informed by publication or the findings. The law requires that in the event of dispute arising in any estab- lishment in the industries named em- blowing 10 or more persons, which dis- pute is likely to result in str ke CT lock ont, either or both parties shall notlfy the government and ask for an inquiry. Each party to the dispute is then asked bv the government to name a member of a board of three these two select third or in the event of failure to agree, the government names third. Should either party to the dispute neglect or de- cline to name a representative for board membership the government names one for them The board so constituted has power to summon witnesses and compel testimony Unlike the compulsory arpi- tration act of New Zealand and Australia, the law does not prohibit strikes or lock outs after an investigation has been made and the merits of the dispute published. thoroughly informed public opinion IS relied upon to take care of the rest,
 The question of procedure is left to each board, but such good results nave uniformly attended informal procedure, such had CT indifferent results where formal court procedure has been adopted, that court rules are ra' civ adopted by these boards The first effort Is to as certain the facts. then to bring thespar- ties together on the facts. Agreements, not verdicts are sought; hence, confer euce not cavil is the method or procedure most in vogue. study of the evolution of procedure under this law would give an object lesson in methods of dealing with industrial problems much needed ui the United States.
 The law had been passed but a few days before q strike of the telephone girls in Toronto occurred The girls ap- nealcd to the government under the law aIthoueh a strike was then on. The com pany declined to name q member of the i,oard but the government appointed a ;,.arnher and went on with the Inquiry, which was made open to the public. The raners published the testimony. In a very few days the company posted an offer to it's employees which covered the grounds of the strike and which was ac- ce,ied hy the strikers, thus ending tho d,airulty before the board finished its IA. strike was the first complete analysis of the Industrial side of the telephone bus mess ever puhlished. IT is asserted m Canada that the very existence of the law prcvents mere conflicts than it is ever called upon to investigate. because the r,arties do not want a public investi- gation.
 During the first 20 months of the opera tion of this law 90 boards were appointec to Investigate as many difficulties, cover inc G5 500 employees. Three of these were in industries outside the operation of. law and where boards were appointed onlS npon the urgent request of both parties to inc disputes Two of the cases were cotton mills with 520a employes, the other was a shoe factory with 300 employees The law nas not disturbed business IT Canada It has not inti oduced artificia waco rstes It has created no oppositof to it's fundamental principle and all the criticism ained at the law addresses itsel' to amendments and not to repeal II would be imrossible to repeal that law in Canada today.
 The attitude of labor organizations to- ward the trade disputes investigation ac os 1907 was expressed by resolution ol she Dcminic,1 Trade and Labor Congress reading as follows:
 Resolved That this Trades Labor Con eress hereby express it's approval of thf nrfncjple, of the Lenieux bill as being r consonance with the oft-expressed afti- tude of orya nized labor in favor of in yestication and conciliation.
 If is impossible but that T body oi worldwide experiments and the eXpe- rjenre drawn from them. such as he pro- naeod federal commission on industrial