THE NEWCASTLE ARBITRATION COMMISSION.

Otago Daily Times, Issue 14156, 7 March 1908, Page 9

THE NEWCASTLE ARBITRATION COMMISSION.

The Speoial Mining Court, now sitting at Newcastle for the purpose of adjusting matters in dispute between the miners and the colliery proprietors in. New South Wales is experiencing unexpected: difficulties in the performance of its allotted task. " Adjudication by adjournment" and * the judicial farce

applied to the position that has been created, require no interpretation. Judge Heydon has exhibited remarkable patience throughout the tedious 'process of the endeavour to assert the sway of tnet and reason; and the moderation of the Court, notwithstanding' repeated flouting*, culminating in

a strike that amounted almost to a repudiation by the minors of the agreement under which it is attempting to settle the present dispute, is freely admitted. The Court has throughout had the whole-hearted support of the Colliery Proprietors' Association, and its difficulties have been created by the cavalier attitude the miners themselves bavo shown towards it and it? functions and towards the obligation embodied :n its existence. The President's threat of throwing up the task of presiding 'at burlesque proceedings after the Dudley colliery strike and his insistence on knowing whether or not the Miners' Federation intended to support the Court bad apparently the good effect of moving the Federation'to a. temporary effort to keep itself and those it represented within the. bounds of reasonable behaviour. Unfortunately no sooner are the refractory units of the Federation brought into subjection so that Newcastle is able to report " All quiet," and the Court has again its opportunity of achieving its work, than another deadlock with the inevitable adjournment, is added to those that preceded it, A wefek ago a witness declined to, give evidence on behalf of the owners with reference to the financial position of his company except in camera. The Miners' Committee had; decided, however, that the Commission was not empowered to take any evidence in camera, the result being that the President, who dared to hold a different opinion, adjourned the Court by request, expressing the hope that in the interval wise counsels would prevail among the miners. That hope, it will be noted, has not yet- been realised. It is evident that the majority of the mining lodges, for some reason or other, are 'greatly opposed to the idea of evidence in camera, t . though the fact that evidence was so given could not conceivably be' prejudicial to their' interests. The President of the Court, on the other hand, has declined to 'allow a further adjournment in respect of this poipt and has announcod his intention of adhering to his previous decision and of giving to such witnesses as desire it the.privilege of being heard in camera —a privilege to the lay mind .perfectly reasonable, and naturally sought where disclosures affecting financial interests are demanded. The deadlock is complete, and unless the miners respond to the President's appeal and adinit the untenable nature of their position it is difficult to see much prospect of (urther usefubiess in the career of the Newcastle special mining tribunal. The action of, the Miners' federation : n regard to this particular question is only another example of the attitude of labour turned lawyer with which the Court has bad to contend -throughout. Whatever the outcome, Judge Heydon's firmness iu resisting this extraordinary attempt by one of the parties to the dispute awaiting settlement to dictate to the Court concerping its powers will command general approval. It is clear .that he has already exposed the dignity of his office to sufficient risk. In the meantime, the miners may realise that they are going too far. The trouble is that there seems no well-founded and general conviction in existence that those who have defied the Court during its trial will, become more respectful towards it at the end and abide loyally by its,decisions whether for or against them. The Arbitration Act has so far proved all too unsatisfactory a remedy for industrial conflict in New' South Wales, and speculation is not a little concerned as to its future.