THE COUNCIL

Dominion, Volume 2, Issue 320, 6 October 1908, Page 9

THE COUNCIL

. INFANTS ACT AMENDMENT BILL. Tho/Legislative. Council met at 11 a.m. yesterday. The ; ATTORNEY-GENERAL (Hon. Dr. Findlay) moved the second reading' of the Infants Act Amendment Bill. He stated that ..under the Act of last year, it had happened in all cases where the relatives of boarded-out infants had not paid for their maintenance, the money had come out of tlie Consolidated Fund. The Bill would throw the Tespbnsibility on the charitable aid boards. The.Hon. J. T. PAUL (Otago)j in supporting the-Bill, emphasised the pre-eminent imjortance of preserving infant life, and said ihat if tho work dono by the societies, in x'hicli. Lady Plunket was taking an active ind i leading part, received the support it deserved;- it would be one of the greatest and grandest features of our national life. Work' of the Plunket Nurses. The ATTORNEY-GENERAL said the work done by the Karitane Home, Dunedin, which supplied tho Plunket Nurses for the Dominion; was a valuable national work. Lady Plunket had taken the matter up in a manner. that refloated infinite credit upon her. At Dunedin, during one year, 430 babies had been attended by the, nurses, and there were only ten deaths. At Auckland, 121 were attended in six months, with only two deaths. At diristchurch, 11L were nursed in a year, and.thero, were only two deaths. At' Napier, where, a nurso was placed temporarily, 30 infants, received • attention in four months, with no deaths. At Wellington 70 cases were taken, with equally successful results. It was estimated by Lady Plunket that over 300 of these infants were seriously ill when the nurses were called in. ■ Doubtless, but for the'aid'of''these highly qualified'nurses, the majority; of • them would have ■ died:' Tho ■ problem -of "a ; declining - birthrate • was ■ the' grayest that this country had to face, and •we.'could never become a great nation unless we found some means of checking the decline. ■ Thb'-roovement headed by Lady Plunket. was the best thing n6w being done in the matter. The Prime Minister was in sympathy .with the movement, and would do all he , could to help it, consistently with duo attention to other urgent claims. The second reading was agreed to. ' The Bill was afterwards put through its final stages with a drafting amendment. ,OLD ACE PENSIONS BILL. The Old Ago Pensions Act Amendment Bill was received from-the Houso and read a first time.. Tho second reading was moved by the. Attorney-General (Hon. Dr. Findlay) and carried. PUBLIC BODIES' LEASES BILL., ■ The Public Bodies' Leases Bill was recommitted. Technical amendments wero inado, and the Bill was'reported, the third reading being set down for to-day. 'lhe Council at 0.15 p.m. adjourned until 2.30 p.m. ; : ARBITRATION BILL. AN ACRIMONIOUS DEBATE. When tho Council reassembled, tho At-torney-General moved that the' Arbitration Bill be committed pro forma. This was done in order to give an opportunity for a discussion.; . 'Iho Hon. J. BIGG (Wellington) said that.; when, oil a previous occasion, he had welcomed tho Bill as' an, improvement on existing legislation and on the measure as first-introduced, he spoke under a misapprehension, as lie did not then for a moment supposo that the Government intended that a worker should be imprisoned for non-pay-ment of a t'uio imposed for striking. He found that under Clause 9 (" special penalties with respect to strikes and lock-outs") the lino had bsen increased to £25, and if the_ worker could not pay . and had not Bumcient goods for distress, he would S°; n !° gaol. No amount of quibbling would get over that, and it meant .that in nearly all cases the striker would bo imprisoned becauso very few could pay £25. Thero was also .the possibility of imprisonment for contempt of Court after refusal to pay a fino imposed under another section. All; tho charges which this Bill would make were against the workers. The Court was given power to exempt any class of workers it thought fit from tho Act, and could reduce the wages of any class of workers at any time; and for any reason After this, for tho. Government to poso as the friend of the. workers would be a consummate piece cf-political hypocrisy. Parting of ths Ways. He. had .to say a word to the AttorneyGeiieral, arid he regretted it bccauso it meant the parting of the ways. ACouncillor: Then don't say it. Mr.. Rigg: I must say it. He charged tho Attorney-General with _ not having been straightforward, and with having withheld information to which tho Council was entitled in regard to the Bill. He believed such a charge had not . before been mado against a leader of tho Council. Tho Hon. G. Jones rose to a point of order. He asked whether Mr. Rigg was in order in making such a reflection on tho Attorney-General. Tho Attornoy-General was understood to say, amidst some oxcitement, in the Chamber; that ho was quite able to defend hiraoelf.:. (Hoar, hear.) The Speaker ruled that a member was out of- order if ho referred to tho motives of another member. Mr. Rigg, continuing, said that tho At-torney-General had told them that imprisonment for striking would be done away with by'.the Bill, or that he hoped it would. He had tried to get a definite statement from the Attorney-General in the Labour Bills Committee by asking the meaning of "judgment" and "conviction" in certain places, but the reply of the hon. gentleman was that ho would look into it.' Not until lie (Mr. Rigg) ii:ado a definite statement that imprisonment was in the Bill did the Hon.

Dr. Findla.v admit it and defend it, saying that tho Minister for Labour had put it in, and. ho was thero to see it through. The Labour Bills Committee of the other Houso, continued Mr. Rigg, meant to do away with imprisonment for striking, but they left tho words "summary conviction" in Clauso 9 for want of tho necessary legal knowledgo. It was skilfully covered up, and a bit of sharp practico had been used. A Threat Withdrawn. Ho had said before the Labour Bills Committee that if the Bill emerged from that conimittce with imprisonment in it, ho would do his utmost to prevent it passing. Ho wished to withdraw that threat, as bo did not want to punish Councillors for what was no fault of theirs. Ho had therefore adopted a moro aggressivo method, and had also given notice of certain amendments. Under Clause 9 a worker had to give fourteen days' notice of intention to strike, but there was no nonalty for failing to give notice if they did not strike, though they intended to do so. The penalty was, therefore, for striking, not for failing to give notice, and no amount of legal Quibbling would get over that. If a thousand workers struck tho fines would come to £25,000." It was a most vicious and oppressive proposal. Tho penalty was increased by the Bill from £10 to £25, and this was done so that tho maximum term of imprisonment, could be imposed. The Kaitangata Speech. Ho had been surprised when tho Bill was introduced in its original form, after the promise matlo by the Prime Minister in his recess speech at Kaitangata, but ho had supposed it would bo altered before it was passed. Ho moved that the Bill be read a second time that,day six months. The amendment was not seconded. Tho Hon. Or. Findlay Replies., Tho ATTORNEY-GENERAL (Hon. Dr. Findlay) said he could well believe that so serious a charge as Mr. Rigg had made against him had never before been made against' a ' leader of that Council on such baseless grounds. He was not affected \by Mr. Rigg's announcement that they had coma to the parting of the ways, for their ways had never been the same. He had had from Mr. Rig" hitherto only ill-concealed obstruction, and ho never hoped for anything else. He was glad that henceforward Mr. Rigg would not bo his concealed foe, but his open opponent. Ho (Dr. Findlay) was not the author of tho Bill, aud did not'draft it, but tho Hon. Mr. Millar had told tho Labour Bills Committee that the offences under Clause 9 were of n different class from others in the Bill, and the House knew quito well when it passed tho Bill that thero could bo imprisonment under that clause. The Labour Bills Committee of tho Council had, however, inserted a subclause that no proceedings under the Imprisonment for Debt Limitation Act could be taken - in respect of penalties imposed under .the Bill. Mr. Rigg.: I forced that. Who aro Labour's Friends? The Attorney-General retorted that Sir. Rigg was loss influential for tho good of the workers than any other member of tho Council. Mr. Paul . had induced the committee to make the onus of-proof in victimisation cases lie upon the employer, and if that were passed, Mr. Paul would have dono something twenty times moro valuable for tho workers than anything Mr." Rigg had ever done. "Who gave Mr. Rigg this position of splendid isolation as the only defender, of Labour in this Council?" asked tho Minister. ".Wo have here, Mr. Barr, Mr. Jenkinson, Mr. Paul, and others, who ara genuinely anxious to protect Labour, and don't want to make capital out of their advocacy. (Hear, hear.) These men get concessions because they have tho cause at heart, and are, not playing to the gallery. They get as much as 'any honest and leasonable man' can expeet to get." Ho treated with contempt Mr. Rigg's statement that the concession named had been forced by him. Mr.. Rigg: It's truo all tho same. The Attorney-General went on to say that it was unfair, that tho man on whom a fine wa's imposed and who could well afford to pay .it, but rofused, could not be sent to prison for such gross contempt of Court. Yet the. Government was-prcpared to go as far as that in order to remove any suggestion of a grievance. The day would come when Mr. Rigg would regret tho speech ho had just made.. It was not worthy of him or of the Council. Mr. Rigg: You will regret passing this Bill.. . The Attorney-General went on to explain that Clauso 9, as far as ono or two or its paragraphs were concerned, had been tho law ever since tho passing of the Conspiracy Act of 1894 If men, knowing that tho life and health of littlo children and people in hospitals wero dependent on their labour in supplying milk, for instance, put their heads together to cut off the supply, they would bo committing the equivalent of "a crime, and would deserve imprisonment. The Government had nothing to fear from the phrases of Mr. Rigg. The giving of notiipo was not to protect, tho employer, but tho community. "It makes one's blood almost boil," said Dr. Findlay, "to hear this advocacy of one of the most ghastly and das-, tardly crimes that can bo committed against the community." The olfenco \yas not in striking, but failing to give notice. Ho relied upon the fair support of tho Council in getting upon the Statute Book this legislation which all-tho public wanted. Tho Hon. J. RIGG, at a later stago, said that he did not dofend the action of milkmen in striking, as stated by tho AttorneyGeneral, but he maintained that there were ample punishments for striking without imprisonment, as provided by Clause 9. The Bill was committed pro forma, and reported immediately. This was followed by a motion for re-committal. Amendments Explained. The ATTORNEY-GENERAL (Hon. Dr. Findlay). explained the effect of tho amendments proposed by the' Labour Bills Committee. Tho first was the insertion in Clause 3 of a new paragraph naming another purpose of a strike, as follows: —"With intent to cause loss or inconvenience to any such employer in the conduct of his business." Tho Minister said this would cover cases in which the men made no demand, but merely wished to causa inconvenience. Tho definition of lock-out was altered so as to exclude tho dismissal of one or, two mon. It was now " the act of an employer in closing hiS'placo of business or suspending or discontinuing his business or any branch thereof with intent," ctc. By an amendment in Clause 16, tho magistrate might givo judgment for a greater amount than was claimed in enforcement cases. This would prevent cases being brought in collusion. The referenco to tho Declaratory Judgments iii Clauso 19. was struck out as unnecessary. A now Sub-clause 4 was added to Clause 19, to provide that no action for enforcement shall bo removed into the Supreme Court. This would obviate protracted proceedings. Two new provisos wero added to Clause 20. One of these was to the effect that no charge upon or assignment of his wages by any worker should have any foroo to defoat an attachment. Without that addition, a striker need only assign his wages, and tho remedy of tho law would be gone. The othor proviso—no proceedings to bo .taken under tho Imprisonment for Debt Limitation Act for refusal to pay a fine under this Act—had already been explained. Now Clauso 25a states:—"No action shall bo commenced for tho recovery of any penalty under this Act save Within six months after tho cause of action has arisen." Tho Attorney - General stated that, without such a clause action might bo taken any time within six years; New Clause 32a provides for the appointment of an assessor to fill a vacancy in the council, arising before it has completely exercised the powers vested in it. New Clause 8a provided that in all matters other than the making of a recommendation the decision of a majority of tho members of the council present at a meeting shall bo deemed to be tho decision of tho council; the commissioner to have a casting vote. V/ ages Bc?k. Clause 56, Sub-clauso 5, was amended to make the keeping of a wages or overtime book by an employer bound by an award or agreement mandatory, a fine of £50 being provided. Now Clause sfla would enable tho Judge of the Arbitration Court to stato a caso for tho opinion of tho Court of Appeal on a point of law. Tho judge would havo

liked to bo ablo to exercise such a right during recent proceedings; but was unable to do so. The new Clause 57b would be as effective a provision against victimisation as they could pass. The clause preventing the apprenticeship of a person over twenty-five years of age was struck out, and it would now bo for the Court to fix the limit when making an award, as the proviso to Subsection 2 of Section 90 of the original Act was proposed to be repealed. Most of the other amendments proposed by the Labour Bills Committee were explained by the Attor-ney-General as matters of drafting or machinery. He testified to tha thoroughness with which the committee had done its work. Flax Royalties and Wages.' The Hon. J. E. JENKINSON (Wellington) objected to the clause enabling the Court to vary an award during its currency. This appeared to be meant for the flax industry, but lie thought, rather than reducing wages in that industry, the royalties should bo dealt with. The Bill was then re-committed. The Hon. J. RIGG moved a number, of amendments, but did not carry any of them. Ho called for divisions in two instances, but no one Voted with him. The Council at 5 p.m. adjourned until 7.30 p.m.' Furthor Opposition. Mr. Rigg continued his opposition at tho evening sitting, but there was very littlo speaking by other members. At one stage ho moved to report progress to give further time for consideration, but no ono voted with him. He announced, at half-past eight, that he had been asked by some workers to hold up the Bill, as they might wish to wait upon the Prime Minister in regard to it, but ho now considered that he had done enough in that respect. Nevertheless, Mr. Rigg afterwards' divided the Council on several amendments, but without carrying any. Later in the evening progress became rapid. More Amendments. In addition to the amendments covcrcd by the Hon. Dr. Findlay's explanation, as summarised above, tho Labour Bills Committee proposed to increase tho penalty on an employer for locking out under Clause 9 (special industries) from £200 to £500, and made other amendments as follow:— Clause 10, imposing penalties for inciting, aiding, or abetting a strike, was widened in its operation by including a strike by any of the members of the union, or tho continuance of such a strike. In case of partial settlement of a dispute by an Industrial Council, it is provided that it shall not in itself have any binding force or effect, but the Arbitration Court may use it or any part of it as the basis of its award. . Power is given to an Industrial Council to at any time stato a case for the advice or opinion of the Court of Arbitration. All the amendments made by the Labour Bills Committee wore adopted. Territorial Jurisdiction of Commissioners. On tho motion of the Attorney-General a new sub-clause was added to Clause 28, as follows:—"Every Commissioner shall exercise jurisdiction within such industrial district or districts as may bo from timo to time assigned to him by the Governor by Order-in-Council. Power to Vary an Award. The ATTORNEY-GENERAL moved to strike out' Clause 54, which gave tho Court power >to amend the provisions 'of an award where such_ amendment was deemed necessary or advisable by reason of any alteration of the circumstances in which the award was made, or in tho matters to which it rolated. The Hon. J. E JENKINSON welcomed the motion, Ynd commended the reasonableness shown'by tho Attorney-General in accepting amendments. Tho Hon. W. C. J. CARNCROSS thought the clause should be retained.. It was inserted after full consideration by the other House, which doomed it necossary in such circumstances as had arisen in connection with tho flax industry. Tho ATTORNEY-GENERAL explained that an award could bo modified if both the parties agreed." ' Mr. Carncross expressed satisfaction with this explanation. Tho clause was struck out. Victimisation. The Hon. C. M. LUKE objected to the onus of proof in cases of alleged victimisation being thrown upon the employer, as proposed by tho Labour Bills Committee's new Clause 57b. This would bo very harassing to employers, as they might bo dragged before the Court for almost any dismissal. The ATTORNEY-GENERAL -defended tho clauso.' Ho thought it would not bo difficult for any employer who had not any unfair motive in dismissing, a man to satisfy tho Court in tho matter. : The Hon. W. C. I<\ CARNCROSS pointed .out that, usually, it was tho accuser and not tho accuscd on whom tho burden of proof lay-. The Hon. J. T. PAUL said tho clauso was already law in New South Wales, and was proposed for tho Commonwealth. It was necessary in tho interests of the workers, and of the conciliation system of tho Bill. After further discussion, Mr. Lulto called for a'division on tho clauso, but his voto was tho only ono recorded against it. On a later clause Mr. Luke declared that the Bill contained much that was hard upon cmployors, and ho would not bo ,• surprised if it causcd some of them to leave tho country. Power to Refuse an Award. At Clause 68, which empowers the. Court to refuse to make an award, Mr. Rigg moved an. amendment to make it mandatory for tho Court to make an award. Tho amendment was lost, only four votes being .recorded-for it. " i The Hon. S. T. GEORGE moved a now clauso providing that officers of industrial unions must bo engaged in tho industry, unless .the union had less than 75 mombers, or had a majority of women among its members. . This was opposed by the Hon. J. Barr and by .tho Attorney-General. Tho latter admitted that the Hon. J. A. Millar first proposed tho clause in his Bill of last year, and lie, would not have given it up without good reason. Opposition to tho amendment was also shown by Hons. J, E. Jenkinson, J. Rigg, J. T. Paul, and others. Tho clause was lost on the voices. Tho Hon. Mr. GEORGE then moved another new clause to provide that no person should be an official of more than one union. This was lost on a division—l 3to 11. Another new clause moved by tho Hon. J. Rigg to provide that the president of tho Arbitration Court need not bo a judge, was lost on the voices. Tho Bill was reported with the amendments shown above, and a number of drafting and machinery amendments. The ATTORNEY-GENERAL, in moving the third reading, thanked tho Council for tho patienco and attention with which they had assisted him to pass tho most difficult and important moasuro they had had before thom for many years. The third reading was carried, and tho Bill passed, the announcement being greeted with applause. ,Tho Council rose at 12.40 a.m.