LIBERTY AND A LIVING.

New Zealand Times, Volume XXVII, Issue 5732, 30 October 1905, Page 4

LIBERTY AND A LIVING.

After a tremendous struggle, lasting over tliroo months, our Legislature has at last restored to shopkeepers the right to make a living and to exercise some control over the conduct of their respective businesses. This right was arbitrarily taken away, by tho stupidlydrastic Shops and Offices Act of last year; and it says much for tho peaceable character of our people, and for the respect which they pay even to bad laws, that they did not openly defy tile statute in question, but contented themselves with vigorous protests and such open breaches as gave ground for “test” prosecutions. When tho law Courts decided that there was no flaw by which those who contravened the plain terms of the statute could escape, tho shopkepers whoso very livelihood’ ■ was threatened loyally complied with tho law, in some cases at great loss, and the public accepted as gracefully as possible tho inconvenience to which they were subjected by tho compulsory closing of shops at certain hours. This acquiescence was largely brought about by tho prompt admission of tho Government that tho law was bad, and would bo altered at the earliest possible moment. Demands were made for a special session of Parliament to deal with tho matter; but recourse to this desperate remedy was obviated by tho authorities undertaking to mitigate some of the harsher aspects of tho law. Since that compromise was effected, things have gone on fairly well; but nevertheless it was felt to bo imperative that the clause of the act fixing arbitrary hours of closing would have to ho repealed, because, firstly, it would bo absurd to have a law in existence that was not being enforced, and, secondly, it was necessary that Parliament should undo the bungling provision which deprived a number of people of those primary rights, “liberty and a living.” Faithful to promise, tho Government in the early days of tho present session brought dowm an amending measure, and a mass of evidence was heard from the lips of those directly affected by tho law bearing on tho hours of closing of shops and offices. But though the hill was brought down thus early, it is only now', after Parliament has been sitting for four months, that it lias been passed into law. The hardships that would havo resulted from this long delay of bare justice have been minimised by the “modus vivendi” arrived at, under w’hich the law of last year was not rigidly enforced; but the leisurely legislation of this year deserves to bo noted, as showing that Parliament can bo seriously deliberative when it chooses. Its snail’s pace of this year is in strong contrast to the “rush.” with which it put through the objectionable legislation of a year ago. It is as though members bad resolved to make thorough amends for their former blundering. “Legislate in haste and amend at leisure”—to parody a well-known matrimonial adage—has evidently been their motto; and the result is so satisfactory that the achievement may almost stand as a perpetual reminder that slow growth is as essential a factor in good law-making as it is in other spheres. Tho Shops and Offices Act, as now embodied in our statutes, ought to prove workable and acceptable to all classes of traders. By a judicious series of exemptions, and by limiting the houis of employees instead of the horns of business, reasonable liberty is given to everyone engaged in commercial undertakings, while the interests of clerks and shop assistants are admirably conserved. Tho “ country party ” in Parliament has scored off tho cities by securing exceptional privileges. Thus, while shopkeepers in the larger boioughs cannot employ assistants after 6 p.m. on four days of the .week, those in boroughs with less than

5000 inhabitants may work their assistants till 7 p.m., while in smaller towns

and ronntry districts there is no restriction save that assistants may not bo kept at work for more than fifty-two hours in any week. Thera docs not socm to ho any sound reason for this greater latitude being allowed in country places. A commendable provision is that which declares that members of a shopkeeper's family shall not ho classed as assistants under this statute. This does full justice to the small shopkeeping class, and should remove all ground of complaint on their part. At tho same time, the elasticity of the law will allow of the largo shops keeping open practically as long as they choose on tho “ lato night” in each week, for although tho hours of assistants are limited, there is nothing to prevent employers letting oil a few assistants an hour or two earlier, in relays, on ordinary days, and working them longer, to a corresponding extent, on tho late night. Tho bill has been passed amid a general chorus of Parliamentary, approval, in which wo hope to find the shopkeepers and assistants joining.