Evening Post. SATURDAY, MARCH 14, 1908. THE BLACKBALL SITUATION.

Evening Post, Volume LXXV, Issue 63, 14 March 1908, Page 4

Evening Post. SATURDAY, MARCH 14, 1908. THE BLACKBALL SITUATION.

We are pot enamoured of the disquisition with which the Arbitration Court concluded its judgment in regard ,to the Blackball strike. The substance seems to have been considered hastily; and the expression is maladroit. We do not think it falls within the province of the Arbitration Court to lecture workers generally upon .he policy of the legislation that has created the Arbitration Court. It would be better advised, in our opinion, if it conjined itself to the merits of the case Mil hand, and left political implications to the Minister ot Labour or to Parliament. We disagree with tne dictum 'that "every strike which takes place, and every resolution which is passed approving of a strike, furnishes an argument for tho abolition of the system of arbitration." That ia not an important point : the important point is whether the argument is bad or good ; and this is a point which the Court uiisses. It is not to be expected, at any human stage short of tho millennium, that strikes should cease and that the Labour lion should Ho down all tho time contentedly with tho employing lamb — or vice versa. Nor do wo seek peremptorily to limit 'the freedom of Labour unions to pass resolutions approving strikes. What we seek to do is to reduce the number and efficacy of strikes to the least possible quantity and value ; and to convinco Labour unions that the argument for che abolition of the system of arbitration is weak, and that strikes really do not pay. The s Court's uncompromising statement that "the system which" does not provent strikes is a failure., and cannot survive," is a clear non-sequitur. It might as well be said that tho law which does not provent crimo is i\ failure, and cannot survive. The true conclusion is precisely opposite Even if ninety and nine strikes occur, the system which prevents one great strike may conceivably bo a success There is a limit to tho power of all laws, all nj'stems, for bridling tho impulses of humanity. But if on tho whole the law or the system does rather more good than harm, then the balance is cast in favour of its success. Wo believe that tho arbitration system has 'dono considerably more good than harm, and appurently the Arbitration Court boliovos so, too. In that case every striko and every resolution approving a strike furnishes an 'Hrgumorit, not for tho abolition of the system of arbitration, but — if ifc is a sound argument — for the improvement of tli3 system of arbitration, or — if it ifi an unsound argument — for an oncleavour to convinro dissidents that it is unsound. If the Arbitration .Court considered it wiso to add extrinsic matter to its judgment, and to infer the possibility of change* in the law, it should not havo failed to add that while f-ho law stands the law must be obeyed, and its interpretation of the law must be followed. In suggesting, as the Court did, that the law depended on tho satisfaction or dissatisfaction of the workers, .and that, if the workers preferred to strike, then there would bo little difficulty In persuading employers to concur, tho Court was indirectly oncoiiraging the Blackball strikers to renew tho strike. Those remarks amounted to a clear call for Labour trumps : they had the forco of an ironical appeal not 'to put tho Court's head under ithe nump. In goin£ beyond

its province, the Court la-ekedi discretion ; and in the way in which it departed from its province, it lacked discrimination. It is not tho business of the Court to suggest to workers that, if they do not like the law, they can combine with employers to abolish it. And 1 tho law ia established, not by the voice of workers, as aclass and employers as a class, but by tho voice of the whole community as represented by Parliament. Parliament has to consider, not what is palatable to workers or employers, but what is 'best for New Zealand., Consequently the Court's suggestion was unsound as well as inappropriate. Now the Blackball strikers, who had decided to resume work, havfi decided to continue the strike, and are continuing it, defying tho Arbitration Court. The Court diS not tell them that they must obey without qualification, and that ithere is no justification for disobedience. The Court did tell them that the -workers of New Zealand must make up their minds whether they intended to restore strikes oi- not. If they decided to restore strikes, the Court thought there would be little difficulty in persuading employers to restore strikes too, and workers and employers could join together in asking Parliament to perform the obsequies of tho Arbitration Count. The workers — to whom the Court allowed full choice in the matter — must make up their minds whether they would maintain arbitration or restore strikes. This advice was very simple to follow, nnd the Blackball strikers followed it. The Court's remarks had been uttered in a judgment upon their particular case. They held a. meeting and mad© up their minds. They made up their minds to restore the _ striko at Blackball. Thus they dp their humble part in performing the obsequies of the arbitration system.