The Auckland Star: WITH WHICH ARE INCORPORATED The Evening News, Morning News and The Echo. THURSDAY. MARCH 7, 1912. THE COAL STRIKE.

Auckland Star, Volume XLIII, Issue 58, 7 March 1912, Page 4

The Auckland Star: WITH WHICH ARE INCORPORATED The Evening News, Morning News and The Echo.

THURSDAY. MARCH 7, 1912. THE COAL STRIKE.

For fkr cause that Mte ■m'lfmnß, fVtr the wAmg tmat *oo4r ■ miihi lua, For the fMtmre in the bH—huu, , Astd the good thmt urn dm do.

The one consoling feature of the coal strike is that though the men are still holding out obstinately the struggle has not been marked by any serious outbreak of personal violence or destruction of property. But now that the miners can congratulate themselves on having scored a notable victory, by extorting from the Government tbe promise of statutory re-i-ognitinn of the minimum wage principle, the general impression at Home is that they would do well to agree to a cessation of hostilities. Mr Asquith certainly thinks that the unions have done enough to assert the rights of Labour. And while the Prime Minister may not be regardeil hv ihe workers as a wholly unprejudiced witness, it is important to observe that his opinion on this point is shared by several leading advocates of the ,-laims of Labour. Mr Philip Snowdj?n, the well-known Ijahour member, has j'lined with the "Daily News'' and the "Daily Chronicle"' in a protest against Lhr determination of the miners to refuse anything less than the complete concession of their terms. .But in spite of this, it is very satisfaetory to observe that in Mr Asquith's opinion the controversy has so far been conducted by both sides in a reasonable and moderate way, ant! it is even more encouraging to note that Mr Bonar T.aw has given his assurance that the Cnionists will not attetnpt to make political capital out of the situation or to embarrass Ministers in the performance of their difficult task.

This time of turmoil and disorganisation is perhaps hardly an appropriate juni'turi' fur the discussion of the abstract principles of industrial Jaw. But it is worth noticing that, in the opinion of at least one of our rnoKt eminent jurist = the much-discussed Trades Dispiifps Rill ha* a great deal to answer for ju.»t now. This contentious measure was pa.-sed in l'W. professedly to relieve the labour organisations of the dis-1 abilities imposed upon them by the famous Taff Yale decision. This judgment. as our readers are probably aware, rendered the unions and their funds liable for damage done by unionists during a strike, whether such action was officially authorised or not; and in the opinion of Air. Ilaldane and other distinguished legal authorities it undid the work of foTty years of labour legislation, and for the purposes of industrial warfare practically outlawed the unions. In Tespousc to a. demand for the reversal of this decision, tho Trade Dispute Act was passed, •which made important concessions to the unions in regard to the principles of Conspiracy and Agency. Professor A. V. 'Dicey was foremost in opposing this measure, eontending that the bill "undennined the foundation of t&ai rnle of eifttal law to which Knghmd owes her-freedom, by inaugurating for the benefit of a -class the fatal policy of Privilege." On the other hand, it. was argued with great force by Mr. Ramsay MaaDonald and other La-hour leaders that the bill claimed no special privilege for the-"unions, and that it would merely place -unions and employers' associations on the footing ol equality as regards legal liability on which they stood ln-fore the. Tall Tale ease was heard. Parliament accepted the Ivubruir view of tho case, and ihe bill become law. And it is noL likely that ltofcssor Dicey'* juristic ingenuity will avail to affect this decision now; for the events of the intervening years have fully justified Mr. iMaeDonalffs contention that Trade Unions are primarily fighting machines, luiilt up to protect Ijabour, and that it would be grossly unfair In the workers to impose special legal disabilities on the organisations which are their chief means of-offence and defence in industrial' war.