The Arbitration Court.

Press, Volume LI, Issue 15238, 27 March 1915, Page 8

The Arbitration Court.

The Arbitration Court yesterday decided that it sees "no reason or justi- " fication'' for refusing to resume its function, and we cannot see that any reasonable person can quarrel with this decision. In August the Court decided that the war made it impossible lo forecast commercial and industrial conditions, and that it would be ' unwise, if not improper, to ptlempt 'to make awards purporting to regu- "• late industries under conditions of •■ which we had had no previous experi- " ence." It was never intended that the Act should remain inoperative for the whole period of tbe war, but, only that the Court should suspend operations until the effect of the war was •• properly .understood and appre- " ciated." aud "something like a state •'of stable equilibrium" had been reached. After eight month- of war, Mr Justice Stringer proceeds to say. the Court is "in" a position to form an "opinion a_ to how the war'ajSV-cted, "and is likely to affect, ■jfomjuerce "and industries."' and "it the opinion th.it the D6minio*»r as-* a whole, has been singularly fWe irctlii illeffects resultiug from the wai-f.Vnd is

enjoying a degree of prosperity'quite icmarkable iv the circumstances.. His Honour'goes on to intimate that the Court will not give a sympathetic hearing to applications to impose upon employers fresh burdens that, cannot fairly be borne. There is one point in the judgment from which agreement must be withheld. To continue to refuse hearings to suitors, his Honour says. r would be u> take upon ourselves the '• responsibility of abrogating the law, "and io u.».-umt- the functions of the •'• Legi-diwuro."" This may fairly be eritiei-cd in the language his Honour applies to ->ome of the pleading of Mr Pryor: th<*re i> in it *a good deal of •* rhetorical exaggeration."' The Court would no more trespass upon the territory of Parliament by refusing to hear ca*-cs than it has done by deciding to resume its ordinary- operations. The risk that' the Court may exceed its rights and powers is a smaller risk, and a lc_-> "important one, than the constant ri__ -hat.. Parliament will

abridge the duties and functions of the Court. That, however, is by the way. The Court has merely decided to reMime business, and it retain, all its powers of judging every case on its merits and on the ba.si.s of existing facts. But there is one point which cannot be insisted upon too -strongly. It may appear to the Court that it knowß all that is essential to be known concerning the elfeet of the war. but no cantious man would deny that the future is still not calculable. For the present the country i.s doing very well, and the people are comfortable, despite the clamour of a few people with political axes to grind. But bifore three year, elapse, there may be a change. Conditions may grow even hotter, and we hope they will • but they may not. That is a consideration which the Court must ke.p iv mind, and which will also be taken into account by the unions if the j- are wise.