The Timaru Herald FRIDAY, SEPTEMBER 18, 1908. THE CONCILIATION AND ARBITRATION BILL.

Timaru Herald, Volume XIIIC, Issue 13703, 18 September 1908, Page 4

The Timaru Herald FRIDAY, SEPTEMBER 18, 1908. THE CONCILIATION AND ARBITRATION BILL.

Some interesting points were raised by rarions speakers «"uring the debate in the House of Representatives yesterday upon the Conciliation and Arbitral-on Bill. Mr Davey devoted Some attention to Ute expedient recently adopted by the Arbitration Court for discouraging strikes, and raised 'die pertinent questiou whether awards or legislation should bo entitled to the prior place. The Court, as outf readers w-'ll remember. has taken to'ineluding :u its awards a provision that in any industry in which a strike take« •place among even a only of tin* workers engaged in that industry, the awanl governing it shall automatically case, and the employee's will be obligeit 'to make what terms with their em plovers without being ;4>le, in the event of the failure of their e. to fall back upon the towns of the award against, which they rebelled. The intention of this new rule is good, but \w aw nos clear thai- ir is wthin ihe functions of the C--urt to provide in anticipation jfor a contingency in the. nature of a >iike-r or rather, since it i 5 of course ridiculous and presumptuous to suggest- that- an abld • lawyer like Mr "Justice Sim. would'pernv.b his Court to exceed its functions, we should sav that' -its members , exhibit an anxiety to undertake a responsibility whicli they might easily decline with comfori to themselves, and pevhapt, wvth a<ivautaga to the spirit of the Act.- Ib soems. to; us that as far f as the Court is concerned, it is time enough to take cognisance of a strike when the strike, has Actually occurred. It; is for the legislature to «tv how a strike m to be viewed, and what- penalty is to be lipttn those participating in it. The \fttl.y "ot tlie Court is to ndminis er tin? definitions and penalties provided bv (he legislature. If vlie penalties are insufficient" to deter workers Tram striking, so much theworse fur the legislature: its work will hftvobeen proved defective. But vt, dot*; not. appear that the Court should have th* power to go beyond the legifilattttv*,, and impose a. penalty up<"tv striken? which Parliament has never contemplated. Tlte Court certainly seems to be usurping the functions of Parliament when it orders that in the event of a strike, the Act shall practically cea&e to operate, and -Mr Davoy was not wide of the mftrie when he asked whether awards tdimild follow legislation, or vice veiwt. On the other hand, as Mr Lew's pointed out, -}? the Court now show* a dispomiuo. tq dbplute the authority of Parliament, Jiw> legislature has equally offended'. against the Court by conferring statnt'ory *V»enellti& ujmn .workers who have beon disappointed bv "lie Court. The mod nptoriotiK Histance was tin' indusivn of the bank-to-bank provision in the M'ning Act, tha effect of which av;» to reduce the working hours of ilw coal-hew«r* below* th« liudr set by the Cotsri, Against* legislative interference of this sod, the Court* ha» sought to pro'ect its; awards by providing that in cases where any of th» conditions < f an award, such no'the hours, »s varied by Act £ it shall b<\ competent for the Couri to revise tlu> remaining conditions so o*V to h»ai»ism the relative balance between th«in. The Bill now before the House, however, provides that where any amendment of tha law in regard to hotus of lafeiir i« made, it shall become operative immediately, but. all other portion* of the award shall tejna'n in force until i'.s date of expirv arrives, 1 his meant* 'hat- Parliament may cut down tJw amount of labour to which an employer is entitled, hut lux will not. be permit ted io reduce hi; wage* in proportion. Here >v have" an ex<*l-U-nt specim-n of that inu-rferenm with the administration of the law wh'ch Mr I.ewis to eatw*ieally condemned.