{"1": {"fulltext": "", "height": "4580", "width": "2924", "jp2-path": "countrywithouts00lloy_0001.jp2"}, "2": {"fulltext": "LIBRARY OF CONGRESS.\\nChap. Copyright No..\\nShelfJ D-! 30\\nL*\\nUNITED STATES OF AMERICA.", "height": "4453", "width": "2764", "jp2-path": "countrywithouts00lloy_0002.jp2"}, "3": {"fulltext": "", "height": "4204", "width": "2500", "jp2-path": "countrywithouts00lloy_0003.jp2"}, "4": {"fulltext": "", "height": "4487", "width": "2708", "jp2-path": "countrywithouts00lloy_0004.jp2"}, "5": {"fulltext": "A COUNTRY\\nWITHOUT STRIKES.", "height": "4453", "width": "2616", "jp2-path": "countrywithouts00lloy_0005.jp2"}, "6": {"fulltext": "3Sp tfie ame Stutlmr\\nWealth Against Commonwealth,\\nLabor Copartnership,\\nA Strike of Millionaires,\\nNewest England,\\nEtc.", "height": "4528", "width": "2799", "jp2-path": "countrywithouts00lloy_0006.jp2"}, "7": {"fulltext": "A COUNTRY\\nWITHOUT STRIKES\\nA Visit to the Compulsory\\nArbitration Court of New Zealand\\nBy\\nHENRY DEMAREST LLOYD\\nWITH INTRODUCTION BY\\nWILLIAM PEMBER REEVES\\n1X-MINISTKR OF LABOR IN NEW ZEALAND\\nAND AUTHOR OF THE COMPULSORY ARBITRATION LAW\\nNEW YORK\\nDOUBLEDAY, PAGE CO.\\n1900\\n1", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0007.jp2"}, "8": {"fulltext": "\u00e2\u0080\u00a23TWO COPIES RECE1VEU\\nLibrary of CORgcfi^\\n\u00e2\u0096\u00a0Jft\\\\S9 of tli\\n^5-1880\\nagistor of Copyrlg*ft\\n6:1440\\nCopyright, T900,\\nBy Henry Demarest Lloyd.\\nSECOND COPY, QL 0 S3", "height": "4536", "width": "2907", "jp2-path": "countrywithouts00lloy_0008.jp2"}, "9": {"fulltext": "CONTENTS.\\nA PAGE\\nSomething New in Strikes and Lockouts i\\nII.\\nThe Shoemaker Sticks to the Last 32\\nIII.\\nBetter Committees than Mobs 61\\nIV.\\nA New Song of the Shirt 89\\nV.\\nThis Law of Parliament Becomes a Law\\n114\\nof Trade\\nVI.\\nWhat it Costs and What it Pays .152", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0009.jp2"}, "10": {"fulltext": "", "height": "4528", "width": "2799", "jp2-path": "countrywithouts00lloy_0010.jp2"}, "11": {"fulltext": "INTRODUCTION\\nIt is very often asserted that those political lab-\\noratories, the Colonies of Great Britain, shrink\\nfrom no experiment the object of which is to\\nregulate and improve the condition of the la-\\nbourer. This assertion is but partly true. The\\nBritish colonies, though^ all endowed with com-\\nplete self-governmentf differ very widely in the\\ntemper in which they approach the labour prob-\\nlem. For instance, two of the knottiest ques-\\ntions which humanitarian social reformers have\\nendeavoured in our time to solve, are confessed-\\nly the conflict of organised capital with organ-\\nised labour, and the necessity of securing a\\nminimum of comfort for the humbler class of\\nworkers. Among eleven self-governing Brit-\\nish colonies two only have made any serious\\nendeavour to cope with the second of these\\nproblems, and one only has made any deter-\\nmined effort to grapple with the first. Vic-\\ntoria and New Zealand essay to control by\\nstatute wages and the conditions of labour; in\\nNew Zealand alone the conflicts of labour and\\ncapital are by law and custom submitted to\\nthe arbitration of state tribunals. The Victori-", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0011.jp2"}, "12": {"fulltext": "viii Introduction\\nan Factories Act, to which I have just referred,\\nis an extremely interesting measure under which\\nthe wages paid and certain other conditions\\nobserved in the clothing, boot and shoe, furni-\\nture-making, and one or two other industries\\nare determined from time to time by a state\\nboard whose rulings have legal force. The\\nstatute deserves careful study and may be re-\\ngarded as an experiment kindred to, though by\\nno means identical with, the New Zealand In-\\ndustrial Conciliation and Arbitration Act which\\nis the subject of Mr. Lloyd s book. There are\\ntheorists and observers in Great Britain who\\nthink that the Victorian law is more likely to be\\nimitated in the large industrial countries of the\\nworld than that of New Zealand, and that its nar-\\nrower scope and more calculable effects render\\nit a less venturesome and hazardous experiment.\\nThere is no doubt something to be said for this\\ncontention if the object of the reformer be mere-\\nly to better the conditions of the most helpless\\nclass of workers in the worst-sweated industries.\\nBut if the object be to find a remedy also for\\nthose conflicts of capital with labour which have\\nagitated the industrial world in Europe, Ameri-\\nca and elsewhere for the past century, which in-\\ncrease in area and bitterness with each decade\\nand which constitute one of the greatest puz-\\nzles of social students in the old world and the\\nnew, then the Victorian Wages Board law is\\nnot what is wanted.\\nThe object of the New Zealand Conciliation\\nand Arbitration Act is not only to stamp out\\nsweating and improve the workers condition.", "height": "4528", "width": "2799", "jp2-path": "countrywithouts00lloy_0012.jp2"}, "13": {"fulltext": "Introduction ix\\nThese, indeed, were not its immediate aims\\nthough they are consequences and very valu-\\nable consequences which have flowed from it.\\nIts special and primary object was to bring\\nabout industrial peace, and, in so far as it has\\nsubstituted orderly and methodical hearing and\\nadjudication by impartial state tribunals for the\\nloose, violent and haphazard methods of the\\nstrike and the lockout, it has succeeded in bring-\\ning about industrial peace.\\nTrue it is that an act under which one of\\nthe parties to an industrial dispute has the\\nright to bring all other parties before a pub-\\nlic tribunal does, in effect, if general use be\\nmade of it, involve a great deal of state\\nregulation of labour. That is what has come\\nabout in New Zealand, and those who look\\nupon state interference as anathema, and think\\nthat any law which increases it is necessar-\\nily bad, will regard the arbitration law with\\nabhorrence. So far, however, as New Zea-\\nland is concerned, a sufficient answer to this\\nobjection is easily found. In the first place,\\nif the parties to labour disputes there wish to\\nsettle their own differences in their own way,\\nthe state does not meddle with them. In the\\nsecond place, New Zealand is perhaps the most\\nsimple and complete little democracy in the\\nworld; legislation is facile, and were any law\\nfound tyrannical or intolerable it would have\\nvery short shrift indeed. In New Zealand, I\\nmay remark, the most powerful class in politics\\nare not the wage-earners but the farmers.\\nThe Arbitration Act has not yet had a very", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0013.jp2"}, "14": {"fulltext": "x Introduction\\nlong life. It was passed in 1894 and did not\\ncome into active use until more than twelve\\nmonths afterwards. Its popularity and useful-\\nness have, however, steadily increased, and most\\nof the organised industries of the colony are\\nnow being carried on under the conditions laid\\ndown by its Conciliation Boards and Arbitration\\nCourt. It should be stated frankly that most of\\nthe cases brought before these tribunals have\\nbeen initiated by trade-unions and that most of\\nthe decisions have granted concessions of more\\nor less value to the plaintiffs. The explanation\\nof this is found in the prosperity which has\\nmarked the last four or five years in New Zea-\\nland. The labour market has been a rising mar-\\nket since the Arbitration Act came into use.\\nUnder the old conditions the workers whose\\nwages had been cut down in the dull times of\\nthe previous decade would have struck on a\\nrising market as they strike elsewhere. Instead\\nof striking on a rising market they have arbi-\\ntrated on a rising market, and instead of\\nthe industries of New Zealand being convulsed\\nand disorganised the factories have not been\\nclosed through labour troubles for one single\\nday.\\nNext to the wide use which has been made of\\nthe law in the colony, the most striking feature\\nof its history has been the respect that has been\\npaid to its decisions. Where, as in certain cases,\\nthese have been disappointing to the trade-un-\\nions they have been loyally obeyed and though\\nin a few instances the same cannot be said for\\nthe employers, the recalcitrants have not been", "height": "4528", "width": "2799", "jp2-path": "countrywithouts00lloy_0014.jp2"}, "15": {"fulltext": "Introduction xi\\nmany, they have not been employers of great\\nsize or standing, and their attempts at resistance\\nor evasion have been sufficiently dealt with by\\nsmall fines and very moderate penalties.\\nThe only serious argument beyond the theo-\\nretical objection to state interference in any\\nform which has been brought against the law\\nby English writers has been a statement that\\nit has hampered enterprise and checked the\\ngrowth of manufactures in the colony. New\\nZealanders know this to be quite baseless, for\\nthey know that the manufactures of their colony\\nhave fully participated in the prosperity of the\\nlast quinquennium. For some years past, la-\\nbour in almost every trade has been fully em-\\nployed, the numbers of the workless have fallen\\nprogressively, fresh factories have been opened,\\nfresh buildings erected, and the shopkeepers\\nwho deal with the working classes admit that\\nbusiness is better and bad debts fewer than at\\nany time in the last twenty years in the colony.\\nThe annual reports of the Chambers of Com-\\nmerce and the periodical reviews of trade and\\nbusiness published by the New Zealand newspa-\\npers on both sides in politics tell the same tale.\\nBut the briefest and most convincing argument\\nfor disabusing the mind of any one who may\\nfancy that the New Zealand Arbitration Act\\nhas hampered industry is to be found in the fol-\\nlowing figures which give the hands employed\\nin the registered factories of the colony for the\\nlast five years. It may be explained that fac-\\ntory in New Zealand means workshop, small\\nor large, and that registration is universal.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0015.jp2"}, "16": {"fulltext": "xii Introduction\\nYear, Hands Employed. Increase.\\n1895 29,879 4,028\\n1896 3 2 387 ^508\\n1897 36,918 4,531\\n1898 39,672 2,754\\n1899 45,305 5,633\\nIt may be, and indeed, has been, stated that the\\nstrength of the law cannot be fully tested until\\nsome powerful organisation of labour or capital\\ndefies the decision of the court and is success-\\nfully dealt with. English doctrinaire critics lay\\ngreat stress on this and are wont to ask tri-\\numphantly what could be done with the mem-\\nbers of a large trade-union without funds to\\nenable them to pay the court s penalties for dis-\\nobedience and at the same time stubbornly de-\\ntermined not to go to work under the conditions\\nlaid down by the court. The answer to that is\\nsurely found in a study of the history of la-\\nbour disputes. These show that it is not unions\\ndestitute of funds which carry on. stubborn and\\nultimately successful strikes. And if impecuni-\\nous workers cannot successfully cope with the\\nantagonism of employers whose resources are\\nafter all limited, how can they expect to cope\\nwith the power of a state tribunal whose will\\nis not to be bent, which has no factory to be\\nclosed or business to be injured, and which is\\nbacked by the forces of law and public opinion\\nTo my mind, however, the best recommenda-\\ntion of the New Zealand law is just that it has\\nnot, so far, led to any desperate trial of strength\\nof this kind. By applying the good old motto", "height": "4528", "width": "2799", "jp2-path": "countrywithouts00lloy_0016.jp2"}, "17": {"fulltext": "Introduction xiii\\nthat prevention is better than cure it has taken\\nlabour disputes in hand before they have reached\\nthat pitch at which the passions of the dispu-\\ntants on both sides are inflamed and impel them\\nto wild speech and wilder action; it gets at la-\\nbour and capital before they have come to the\\nunreasonable stage of their quarrel. It frankly\\naccepts their two irresistible tendencies in mod-\\nern times the first of which is that they will dif-\\nfer and the second that they will organise in\\norder to settle their differences. There are phil-\\nanthropists who think that the remedy for their\\nconflicts is found in urging them not to quarrel\\nand not to organise; there are some who would\\nsternly forbid them to organise. The New\\nZealand law, on the contrary, frankly encour-\\nages their organisation, admits that they are\\nbound to differ, and only insists that if they\\ncannot settle their differences in a friendly and\\npeaceable manner they must go to the state,\\nwhich will provide them with machinery for\\ndoing so.\\nThe state, in New Zealand, is the people, and\\nthe people being vitally interested in labour bat-\\ntles, has surely the right to say to the parties\\nthat their disputes shall be adjusted in such a\\nmanner as not to damage the community of\\nwhich they are members and for the benefit of\\nwhich in the end their industry is carried on.\\nFor the rest, the Act s methods are elastic, and\\nthe proceedings of its tribunals are open, pains-\\ntaking and fair.\\nI am, of course, in no way responsible for\\nthe views expressed by Mr. Lloyd in this", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0017.jp2"}, "18": {"fulltext": "xiv Introduction\\nvolume. Before Mr. Lloyd went to New Zea-\\nland, I had never seen him, and it was not until\\nhe had been to the colony and returned from it\\nwith his views upon the Arbitration Act fully\\nformed, that I had the pleasure of meeting him.\\nBut though his opinions are his own, I may be\\nallowed to say that, as regards his statements\\non matters of fact, I believe them to be correct\\nthroughout. In America and Europe his stand-\\ning as a writer will, of course, ensure his book a\\nwelcome among all social students and both in\\nGreat Britain and the colonies I feel no doubt\\nthat those who are interested in the experiment\\nhe here describes will gladly welcome the impar-\\ntial opinion of an able American observer stand-\\ning absolutely apart from the political parties of\\nNew Zealand.\\nW. P. Reeves.\\nLondon, England, March, 1900.", "height": "4528", "width": "2799", "jp2-path": "countrywithouts00lloy_0018.jp2"}, "19": {"fulltext": "A COUNTRY\\nWITHOUT STRIKES.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0019.jp2"}, "20": {"fulltext": "", "height": "4528", "width": "2799", "jp2-path": "countrywithouts00lloy_0020.jp2"}, "21": {"fulltext": "A COUNTRY WITHOUT STRIKES\\nCHAPTER I.\\nSOMETHING NEW IN STRIKES AND\\nLOCKOUTS.\\nWhen I landed in New Zealand in February,\\n1899, I found it, like the rest of the world, in\\nthe flooding tide of a new prosperity; the rev-\\nenue of the government increasing, manufac-\\ntures extending, new enterprises starting, labour\\nbusy.\\nAs always happens in a country so fortunate\\nas to have workingmen intelligent enough to\\nknow what is going on, those here knew about\\nthis rising market and were striking everywhere\\nfor their share of it. They were demanding\\nmore wages, shorter hours, better conditions, or\\nat least the restoration of advantages which had\\nbeen taken from them during the preceding\\nyears of the lean kine.\\nI knew, of course, by my reading, something\\nabout the new way these things were managed\\nhere, and almost my first request was to be taken", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0021.jp2"}, "22": {"fulltext": "2 A Country Without Strikes\\nto see a New Zealand strike. My friend smiled\\nand led the way. We were driven to a charm-\\ning spot in Christchurch, bordering on The\\nDomain, or public park on the banks of the\\nAvon where English willows turn their hoar\\nleaves to a stream as beautiful as its namesake.\\nWe approached an interesting Gothic building\\nwhich did not look like a factory or trades-union\\nhall, and passed into a long, open room, with\\nvaulted ceilings, galleries, stained glass win-\\ndows, all familiar to any one who has been in\\nthe Parliament buildings at Westminster. It\\nwas a New Zealand miniature of the House of\\nCommons the Hall of the Provincial Assem-\\nbly of Canterbury.\\nA table ran along the centre of the hall; on\\neach side of it three or four men, the brighter\\ntoilets and the better grooming of those on one\\nside showing them to belong to a different class\\nfrom those on the other, whose plain clothing\\nand furrowed faces bespoke them to be working-\\nmen. They were busy in controversy, and be-\\ntween them, at the head of the table in the white\\nwig of an English chief- justice, was a judge of\\nthe Supreme Court of New Zealand. On\\nbenches under the windows were newspaper re-\\nporters, and a number of spectators belonging\\nevidently to the same classes of society as the\\nmen sitting beside each other at the table.", "height": "4528", "width": "2799", "jp2-path": "countrywithouts00lloy_0022.jp2"}, "23": {"fulltext": "In the Court Room 3\\nI know a strike when I see it, for I have wit-\\nnessed a good many, including the Pullman\\nstrike at Chicago, but this looked like no meet-\\ning of strikers I had ever known. It looked like\\na court, though, again, not like any I had ever\\nseen before.\\nBut it was both. For five years, said my\\nNew Zealand friend, there has not been a\\nstrike or a lockout in New Zealand that has not\\nbeen held in a court-room.\\nThis was my introduction to the Compulsory\\nArbitration law of New Zealand.\\nBut compulsory arbitration, you know, said\\na young Englishman who was with us, fresh\\nfrom Oxford and post-graduate courses of po-\\nlitical economy from John Stuart Mill to\\nBoehm-Bawerk, is an impossibility; it is a con-\\ntradiction in terms. You cannot make men\\nwork whether they want to or not, you cannot\\ncompel men to arbitrate nor fix prices by law.\\nYou cannot get practical decisions in business\\nmatters from judges who know nothing of\\nbusiness/ you cannot settle wages and condi-\\ntions of labour by laws of the legislature in-\\nstead of the laws of supply and demand.\\nThat s what all the authorities of the busi-\\nness world and political economy say, our New\\nZealander replied, but what they say we can t\\ndo, we are doing. Under this law, when with-", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0023.jp2"}, "24": {"fulltext": "4 A Country Without Strikes\\nout it they would have stopped, for five years\\nnot a workingman nor capitalist has stopped\\ngiving or taking work on account of any differ-\\nence as to wages, or any other matter at issue\\nbetween them, and yet during all that time they\\nhave been in sharp and frequent disputes on\\nmany questions/\\nThe New Zealanders must be a nation of\\nvisionaries, the Oxford man insisted, to be\\nwilling to venture on such a Utopian experi-\\nment.\\nOn the contrary, the experiment/ instead of\\nbeing a scheme of visionaries, or Utopians, or\\ntheorists, was forced upon us by the hard pres-\\nsure of actual facts and by intolerable evils,\\nin the paralysis of industry and the disturbance\\nof peace, for which all other remedies have\\nfailed. The experiment was entered upon with\\nthe consent substantially of all parties in Parlia-\\nment, including some of the most successful\\nbusiness men in the colony. It is an experiment,\\nwe admit, and a bold one, without parallel any-\\nwhere else in the world, but it is a successful ex-\\nperiment, and so far has done lots of good\\nand hurt nobody. The traveller is not in New\\nZealand very long before he finds out that its\\npeople are a little proud of their experiments,\\nand it takes him only a little while longer to\\nmake up his mind that they have good reason to\\nbe proud of them.", "height": "4528", "width": "2799", "jp2-path": "countrywithouts00lloy_0024.jp2"}, "25": {"fulltext": "Civil War 5\\nWith your Conciliation and Arbitration\\nBoards, public and private, and your Conseils des\\nPrud hommes and the like/ continued our\\nfriend, you are all saying to the warring forces\\nof labour and capital, you ought to arbitrate.\\nNew Zealand is the first to say, If you ought\\nto arbitrate, you shall arbitrate.\\nThe newly arrived traveller hardly knows\\nwhich way to turn, there are so many novelties\\nto see in a country like New Zealand. Its whole\\ncareer has been a continuous experiment, from\\nzoological to sociological, and it has been speci-\\nally experimenting in business and politics for\\nthirty years, ever since Sir Julius Vogel, in 1869,\\nestablished the government in life insurance,\\nwhich it has made a great success against the\\ncompetition of the principal private companies\\nof Australia, Europe and America. But the\\nstatements my New Zealand friend whispered to\\nme, as we stood under the gallery of the Arbi-\\ntration Court, decided me that, compulsory arbi-\\ntration had the first claim on my curiosity.\\nNew Zealand had a terrible strike nine years\\nago, known as the Maritime Strike. It devas-\\ntated the whole of Australasia. It was a war\\nbetween classes, the only two classes practically\\nwhich remain to be amalgamated in modern\\nsociety. It spread from the shipping world,\\nwhere it began, into a great circle of related in-\\ndustries. Merchants and their clerks drove", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0025.jp2"}, "26": {"fulltext": "6 A Country Without Strikes\\ndrays and loaded and unloaded merchandise;\\nshipowners and their sons and friends took the\\nplace of sailors and stokers; the country went\\nto the edge of civil war. The New Zealand\\nMinister of Labour, the Honourable William\\nPember Reeves, set himself, in the following\\nyear, to find a remedy to prevent the recurrence\\nof struggles not less terrible in the sum-total of\\nlosses than war itself. There had been no com-\\npulsory arbitration anywhere to serve as a guide;\\nthere had been no public conciliation or arbitra-\\ntion in New Zealand itself to supply any prece-\\ndent. But New Zealand, the New Zealander\\nwho was \u00e2\u0080\u00a2giving me these points continued, with\\npardonable pride, did not waste any time in be-\\nginning w T here others had begun. It took up\\nthe evolution where the others had dropped it,\\nand carried it forward. It was characteristic\\nof the country that the new opportunity found\\nthe new men fit for it.\\nThe Maritime Strike was over, but other com-\\ning labour troubles clouded on the horizon, and,\\nmost threatening of these, a possible strike of the\\ngovernment employes on the railroads. This,\\nas the Minister of Labour said to Parliament, all\\nmust admit, would be the greatest possible\\ncalamity that could befall.\\nWith the memory of the Maritime Strike be-\\nfore him and these other dangers threatening,", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0026.jp2"}, "27": {"fulltext": "No Precedents 7\\nthe Minister of Labour set himself to study the\\nmost difficult of labour problems. He investi-\\ngated all that has been done in other countries\\nin England, France, Germany, the Australian\\nColonies and the United States. The speeches\\nin which he reported the results of his studies to\\nParliament in introducing the bill which he\\nframed, stand to-day as the best study which has\\nbeen made of arbitration and conciliation. He\\nfound, as he said in offering his bill, that the ex-\\nperience of other countries, confined as it had\\nbeen to voluntary conciliation and arbitration,\\nwas a record of failure wherever it was most im-\\nportant that it should succeed, and of success\\nonly when success was comparatively of little\\nconsequence. Almost never was any great\\nstrike settled or prevented by voluntary concili-\\nation and arbitration only the little ones.\\nHe read all that has been written by the au-\\nthorities on conciliation and arbitration, and\\nfound nothing new in them. They all seemed,\\nhe said, to have copied from each other.\\nHe reviewed for Parliament and the New\\nZealand public the three laws of Great Britain,\\npassed in 1824, 1867, and 1872, all three dead\\nletters on the statute book.\\nThe Conseils des Prud hommes of France,\\nwhich have had eighty years of practical work-\\ning, are a valuable example of what may be done", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0027.jp2"}, "28": {"fulltext": "8 A Country Without Strikes\\nby state intervention in industrial matters, but\\nthey have not put an end to strikes.\\nThere are many and grievous strikes in\\nFrance, because these Conseils des Prud hommes\\nare not allowed to deal with strikes or wages\\nand have no power to enforce their decisions.\\nHe found the Massachusetts Board of Con-\\nciliation and Arbitration one of the most suc-\\ncessful and practical tribunals in the world. It\\nwas in fact almost an ideal tribunal, its one\\nfault being that it is voluntary. It does a great\\ndeal of good, but if you look through the record\\nof its cases, you will find a doleful and depress-\\ning list of failures as well. In small cases the\\nintervention of the board had been successful,\\nthat is, if passion has not been roused. In larger\\ncases, or where one side has had its passion\\nroused, the board has not been so successful, and\\nthe strikes have had to go on. But he found\\nit the one voluntary state tribunal that seems to\\ndo good work.\\nMr. Reeves studied his subject for years. He\\ntold the Parliament there was not an industrial\\nconciliation and arbitration tribunal in any part\\nof the world, the working of which he had not\\nexamined. His conclusion was, that in Eng-\\nland, throughout Europe, in America, and in\\nAustralia, voluntary arbitration has failed for\\ngenerations. It is necessary to try something", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0028.jp2"}, "29": {"fulltext": "Conciliation does not Conciliate 9\\nelse, and I ask you to try compulsory arbi-\\ntration.\\nA very striking instance of the failure of vol-\\nuntary arbitration was furnished by the recent\\nexperience of the neighbouring colony of New\\nSouth Wales. That colony had, the year be-\\nfore New Zealand acted, passed an act which\\nseemed to be, Mr. Reeves said, a very nice act.\\nImmediately thereafter New South Wales saw\\nthe three most disastrous and ruinous strikes the\\ncolony had had since its foundation. These\\nstrikes took place as soon as the act was passed,\\nand it proved a dead letter. If the act had not\\nbeen passed, these strikes would have compelled\\nthe Legislature of New South Wales to legislate\\nin an effectual way, but, as it was, the leaders\\nhad a reason in the existence of the law for\\ndoing nothing. As a result of these three\\nstrikes, the CoaL Miners Strike, the Broken Hill\\nStrike, and the Shearers Strike, homes had\\nbeen broken up, employers ruined, the town of\\nBroken Hill made bankrupt, men had lost their\\nhomes and their work, their families had been\\ndisrupted, labour leaders had been thrown in jail,\\nto be kept there for years, and a very bitter class\\nfeeling excited which still rages throughout\\nNew South Wales.\\nThat, said Mr. Reeves, has been the result\\nof trusting to voluntary tribunals.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0029.jp2"}, "30": {"fulltext": "io A Country Without Strikes\\nHe showed that, at the time he was speaking,\\nthere had been in Europe in the preceding five\\nyears nearly two thousand strikes, and through-\\nout the world at large many thousands of strikes\\ninvolving the loss of hundreds of millions of\\ndollars, besides other things not to be counted in\\nmoney. In proposing compulsory arbitration,\\nhe said\\nI could not bring in a bill of a weaker char-\\nacter than this without knowing that it would\\nbe a hollow sham. I have studied the history\\nof conciliation and arbitration in the various\\ncountries of the world, both old and new, and I\\nhave been forced to this conclusion that, if you\\npass a merely optional measure, you will put a\\nthing on the statute book that will have no effect\\nwhatever in assuaging the evils arising through\\nindustrial contests. Only too thankful should I\\nbe to pass an optional measure now, and thus\\nsave myself all the friction attending this fight,\\nand also save myself the great responsibility of\\npassing a measure with a compulsory clause, but\\nI cannot pass a useless bill.\\nStrikes, he said again, have done a great\\ndeal of good, but strikes are war. War is a\\nclumsy and barbarous way of settling differences\\nbetween nationalities, and strikes are the most\\nclumsy and barbarous way I know of settling\\nindustrial difficulties.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0030.jp2"}, "31": {"fulltext": "Labour Asks for Compulsion 1 1\\nVictory by either side is not a proof that the\\nside which lost was wrong, or that that which\\nwon was right.\\nThe trade-unions of New Zealand, during the\\ndiscussion of this matter which was before Par-\\nliament for years, held up the hands of the\\nMinister of Labour by passing resolutions de-\\nmanding compulsion, and many of the leading\\ncapitalists and employers of the colony gave\\nhim^their support.\\nHe quoted to Parliament a telling remark\\nmade to him by a Manchester merchant, a man\\nwho had had great experience in connection\\nwith unions.\\nIf you are to have arbitration at all, it would fi\\nbe of no use, if you do not make the awards I\\ncompulsory. Every man who thinks he is going 1\\nto lose a strike is ready to go to arbitration, while\\nthe man who thinks he is going to win will not J\\nhave it\\nConciliation boards are virtuallv useless un-\\nless there is in the background an arbitration\\ncourt, and this court must have compulsory/\\npowers.\\nThat the bill which he drafted was an experi-\\nment, an absolute experiment, Mr. Reeves ad-\\nmitted. He claimed only, he said, that It was\\nan honest attempt to solve the most difficult of\\nlabour problems. It is an experiment that is", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0031.jp2"}, "32": {"fulltext": "12 A Country Without Strikes\\nworth trying. Whatever it does,. it cannot do a\\nvast amount of harm to the colony.\\nThe opponents of the bill had said that such\\na question must not be dealt with in an experi-\\nmental way.\\nIn Heaven s name, replied Mr. Reeves, if\\nwe are not to deal with it in an experimental\\nway, how are we to deal with it at all?\\nEvery good and great change in the world\\nhas been an experiment. The man who discov-\\nered America made an experiment. Every\\ngreat scientific invention has been arrived at by\\nexperiment, and, in the same way, in legislation\\nwe have to make experiments.\\nThe Minister of Labour admitted the imper-\\nfections of this bill. It is ridiculous, he said,\\nto suppose that at one bound this Parliament\\ncan solve a problem that has puzzled the most\\nearnest thinkers for generations. But he be-\\nlieved that, if the experiment had a fair trial, it\\nwould succeed, and that New Zealand will\\nhave set an example to the civilised world which\\nwill be widely followed in days to come.\\nMr. Reeves submitted his first bill to Parlia-\\nment in 1892. It was offered again in 1893 and\\nin 1894. Three times it passed the lower house\\nbefore the upper house would allow it to become\\na law. So convincingly had the Minister of\\nLabour marshalled the results of his studies of", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0032.jp2"}, "33": {"fulltext": "Parliament Almost Unanimous 13\\nconciliation and arbitration in other countries,\\nand defended his main point that compulsion\\nwas indispensable, that the bill at last, in 1894,\\npassed without change in its fundamental prin-\\nciples, and with the concurrence of the leader of\\nthe opposition and several of its most important\\nmembers a most unusual circumstance in a\\ncountry where party spirit runs as high as it\\ndoes in New Zealand.\\nI believe, the leader of the opposition said,\\nthat we have to a great extent the very best bill\\nthat can be devised in the interest of the\\ncolony.\\nThe act has now been in operation five years,\\nand with such general approval that recent\\namending acts have been passed almost without\\ndissent. The law was proposed as an experiment\\nit is still regarded as an experiment by its au-\\nthor, and even by the judges of the Arbitration\\nCourt and by the country but so far it has\\nproved a workable experiment.\\nThere has not been a strike by organised\\nlabour, with one insignificant exception, since\\nits passage. It has harmonised all the labour\\ntroubles brought under its cognisance. The\\ncourts have been constantly strengthening them-\\nselves and the acts by their administration of it.\\nCapital has not fled, but, on the contrary, in-\\ndustries of all kinds have been flourishing as", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0033.jp2"}, "34": {"fulltext": "14 A Country Without Strikes\\nnever before. There have been a few attempts\\nto evade or disregard the decisions of the\\ncourts; these the judges have proved them-\\nselves fully able to control and punish. Al-\\nthough the decisions have almost all been in\\nfavor of the men, because it is a time of pros-\\nperity and their demands have been made on a\\nrising market, the employers have found no\\nserious embarrassment in complying with them,\\nand some of the employers are the strongest\\nsupporters of the measure.\\nTo declare a new social right and to create a\\nnew court to enforce it in a field where there\\nw r as nothing to guide and nothing to be copied,\\nand where, still worse, all the authorities deny\\nthe right and predict complete failure for the\\nenforcement, was certainly as bold a venture as\\nreformer entrusted with power ever attempted.\\nMerely to draft so unprecedented a law with\\nsuch skill that it could go into practical opera-\\ntion as this has done, is a legislative feat of the\\nhighest order.\\nSpeaking of the pains he had taken, Mr.\\nReeves told Parliament, I have had this bill\\ndrafted, and in some cases re-drafted, and\\ndrafted and drafted again and again/\\nA law essaying compulsory arbitration in\\nSouth Australia has been on the books about the\\nsame time as the New Zealand law and remains", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0034.jp2"}, "35": {"fulltext": "Failure in South Australia 1 5\\na dead letter, not a single case when I was there\\nhaving been tried under it.\\nThe lawyer, journalist, poet, politician, who,\\nas Minister of Labour, had the wit to contrive\\na measure which could give five years indus-\\ntrial peace to his country, is not likely to be as-\\nsigned a back seat among social inventors.\\nHowever his experiment may turn out, it is cer-\\ntainly one of the most original pieces of work\\ndone in modern times. But if the experiment\\nripens into an established institution, no one will\\nbe able to dispute the claim of Mr. Reeves to\\nstand in the front rank of the geniuses who have\\nproved themselves able to affect human destiny\\nfor good, by carrying constitutional and politi-\\ncal development a step farther, bettering the life\\nof man with man by bringing new evils under\\nthe dominion of the old principles of social jus-\\ntice and mercy.\\nWhen I asked Mr. Edward Tregear, the ac-\\ncomplished Secretary for Labour, who has the\\ncongenial task of carrying on the work Mr.\\nReeves began, for a copy of the Compulsory\\nArbitration Law, he handed me a bulky pam-\\nphlet entitled The Labour Laws of New Zea-\\nland.\\nThe arbitration law has to be studied in sev-\\neral acts contained in this collection. There is\\nan urgent need of a consolidation act for these", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0035.jp2"}, "36": {"fulltext": "1 6 A Country Without Strikes\\nvarious enactments, and for want of it the task\\nof accurately ascertaining the definite provisions\\nof the law is a complicated one.\\nIts main points are\\ni. It applies only to industries in which there\\nare trade-unions.\\n2. It does not prevent private conciliation or\\narbitration.\\n3. Conciliation is exhausted by the state be-\\nfore it resorts to arbitration.\\n4. If conciliation is unsuccessful, the dis-\\nputants must arbitrate.\\n5. Disobedience of the award may be pun-\\nished or not at the discretion of the court.\\nThe compulsion of the law is threefold:\\ncompulsory publicity, compulsory reference to a\\ndisinterested arbiter provided the disputants\\nwill not arbitrate voluntarily compulsory obe-\\ndience to the award.\\nIt does not forbid nor prevent disputes, but\\nmakes the antagonists fight their battles in court\\naccording to a legal code instead of the ordinary\\nrules of war.\\nThere is no making men work by law, and\\nno fixing wages by law. The law says only\\nthat if they work, it must be without strikes or\\nlockouts, and that, if they cannot agree as to\\nprices, the decision shall be left to some impar-\\ntial person, and not fought out.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0036.jp2"}, "37": {"fulltext": "The People Initiate 17\\nIn fuller detail these are the principal features\\nof the law.\\nThe state takes no initiative in setting arbi-\\ntration in motion. The law acts only as one party\\nor the other calls for it and in this the New\\nZealand law differs from that of South Australia.\\nIt simply provides the law and the tribunal by\\nwhich either party, employer or employed, may\\nsue and be sued instead of striking or being\\nstruck.\\nThe Minister of Labour in submitting the\\nbill avowed himself to be in favour of giving the\\nstate an initiative, but he thought that the peo-\\nple were not yet ready for it. I found that\\nwhere, as in South Australia, the arbitration\\nlaw gives the officials of the state the power to\\nintervene of their own motion, nothing has been\\ndone. But in New Zealand, where the people\\nmust initiate whatever is done, the law has been\\nin constant use.\\nNo disputes can be considered except in\\ntrades where there are trade-unions, and only\\nwhere these trade-unions have registered under\\nthe law. This is, first, to save the court from\\nbeing overwhelmed by a flood of petty matters,\\nand, second, because the disputes that threaten\\nthe peace and prosperity of society come from\\norganised not unorganised labour.\\nOn the whole/ Mr. Reeves said, history", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0037.jp2"}, "38": {"fulltext": "1 8 A Country Without Strikes\\nshows that the great and dangerous battles be-\\ntween capital and labour those which may seri-\\nously call for state intervention occur only\\nwhere labour is organised.\\nThere is in this no disregard of the interests\\nof the poorest and most numerous labourers\\nthe unorganised for any seven men can form a\\ntrade-union under the act and claim all its privi-\\nleges, nor is it in disregard of the interests of\\nmen in a trade who are outside the union, for,\\nas will be explained later, there is a way in\\nwhich their grievances can be espoused by the\\nunion in their trade. To encourage working-\\nmen and capitalists to organise unions, they are\\ngiven corporate rights; they can sue and be\\nsued; they can recover subscriptions from de-\\nfaulting members, and have power to buy or\\nlease land. The law does not interfere with the\\nright of labour and capital to settle disputes by\\nprivate arbitration, if they wish to do so. On\\nthe contrary, it supplies forms for procedure in\\nsuch cases and provides for the enforcement of\\nthe awards, if the parties agree in advance that\\nthis shall be done.\\nThere are two kinds of tribunals Boards of\\nConciliation and a Court of Arbitration, and in\\nboth the workingmen and the employers are\\nequally represented by men of their own choice.\\nThere is a Board of Conciliation in every in-", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0038.jp2"}, "39": {"fulltext": "Labour and Capital Equal 19\\ndustrial district/ and the country is divided\\ninto as many industrial districts by the Gov-\\nernor-General as seems advisable. There is\\nbut one Court of Arbitration for the whole\\ncountry.\\nThe Boards of Conciliation have four to six\\nmembers, and are chosen every three years in\\neach district by elections held separately by the\\nassociations of employers and the association of\\nemployes, under procedure carefully arranged\\nby law, and under the supervision of a govern-\\nment officer called the Clerk of Awards. The\\nboards upon organisation elect as chairman an\\noutsider, some impartial person, and willing\\nto act. The chairman votes only in case of\\na tie.\\nThe Court of Arbitration consists of three\\npersons who hold for three years, appointed by\\nthe Governor-General, and of the three ap-\\npointees, one must be chosen by him from men\\nnominated by the workingmen, and one from\\namong men nominated by the capitalists. The\\nthird is a Judge of the Supreme Court. This\\ndemocratic representation of labour and capital\\ninsures to each throughout the proceedings that\\ntheir interests are protected by men of their own\\nclass, familiar with the conditions of their life\\nand industry. It insures that the casting vote\\nof the chairman is given with men by his side", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0039.jp2"}, "40": {"fulltext": "2o A Country Without Strikes\\nto make clear all the technicalities and difficul-\\nties of the questions at issue.\\nThe selection of a Judge of the Supreme\\nCourt to preside and to give the final and deci-\\nsive vote, satisfies the contestants and the people\\nthat the state, on its side, contributes to the in-\\nquiry and the decision the best that it has of\\ndignity, experience and impartiality.\\nIf the question before the board or court is\\nof more than usual complexity, two experts may\\nbe chosen by the two parties to act as full mem-\\nbers of the court, and to see that the decision is\\nmade with full understanding of all the points.\\nExperts are frequently called in in this way.\\nFor special emergencies there may be special\\nboards elected.\\nNeither board nor court intervene in any dis-\\npute of their own motion, but like other courts\\nonly when one of the parties or both appears be-\\nfore them. The compulsion in the law is not\\nthat the state of itself compels the parties to\\narbitrate, but that if one desires to arbitrate in-\\nstead of fighting, the state says the other must\\nnot fight but arbitrate.\\nThe moment either side with a grievance, or\\nany apprehension of a strike or lockout, sum-\\nmons the other before the board or court, it\\nbecomes a punishable offence for the workmen\\nto stop work, or the employer to close down.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0040.jp2"}, "41": {"fulltext": "Looking Backward 21\\nBoth must keep on until the board or court has\\ncome to a final decision.\\nThe law goes beyond this prohibition of\\nstrikes or lockouts while disputes are pending\\nbefore the court. There must be no strike or\\nlockout beforehand to forestall such interven-\\ntion. The act guards against the probability\\nthat workingmen might be discharged, or the\\nemployer be left by his men because one side has\\nlearned that the other is about to demand concili-\\nation or arbitration. In such cases, if there has\\nbeen any such discharge or lockout to evade an\\narbitration, the aggrieved party may, at any\\ntime within six weeks after the strike or the\\nlockout, appeal to the court and get full consid-\\neration and redress, and the court can stop the\\nstrike which it was denied the chance to prevent.\\nThe necessity for such action as this was\\nshown in a case which arose in South Australia,\\nwhere certain workingmen resolved to try arbi-\\ntration, but the employer getting wind of what\\nwas coming, promptly discharged all his hands.\\nHe then said to the court that it had no jurisdic-\\ntion because there was no dispute between him\\nand his men, meaning the men he had taken on\\nafterwards. It is quite true, he said, that I\\nhad a dispute with certain men, but they are no\\nlonger my employes. This New Zealand\\nclause gives the state power, if invoked, to step", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0041.jp2"}, "42": {"fulltext": "22 A Country Without Strikes\\nin and stop strikes or lockouts, even though they\\nhave broken out.\\nEmployers can summon their workingmen\\nonly as members of a trade-union, but the men\\ncan call in individual employers as well as asso-\\nciations of employers; otherwise these could\\ndefeat the act by refusing to organise into asso-\\nciations. If the labourers or capitalists choose to\\nsacrifice the benefits of the act by giving up their\\nunions, they can do so, but only in ways pro-\\nvided by law, and not during the progress of\\nany arbitration nor to escape compliance with\\nan award. Workingmen can leave their unions\\nonly by giving three months notice.\\nBoth the Boards of Conciliation and the Court\\nof Arbitration have summary powers of visiting\\nany premises and questioning any persons con-\\ncerned in an industrial dispute. They can\\ncompel the attendance of witnesses and the pro-\\nduction of any books and papers needed, and\\ncan imprison anyone refusing to obey their sum-\\nmons. Every precaution is taken by the act to\\nprevent injurious publicity of the secrets of\\nbusiness. Usually the hearings are public, so\\nthat public opinion may be properly informed,\\nbut the court can at any time, at its own discre-\\ntion, or the request of any of the parties, go into\\nsecret session.\\nNo lawyer is allowed to appear before the", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0042.jp2"}, "43": {"fulltext": "Quick Justice 23\\nboards or the court, except by consent of both\\nparties, which is practically never given.\\nThe Boards of Conciliation have no other\\npowers than those of investigation, visitation,\\nand intermediation.\\nThe proceedings before the boards and the\\ncourt are very simple, informal, cheap, and ex-\\npeditious. The board is required to make its\\ndecisions within two months, the court within\\none month after the investigation begins. An\\nassociation of employers or workingmen wish-\\ning to summon a trade-union, makes an applica-\\ntion on a printed blank to the board in writing,\\nwhich thereupon takes up the case.\\nThe board can make all such suggestions\\nand do all such things as appear right and\\nproper to secure a fair and equitable settle-\\nment.\\nThe Boards of Conciliation can make decis-\\nions, but the decisions are not binding, and it is\\nthe successful party, therefore, who must appeal\\nto the Court of Arbitration.\\nThe Court of Arbitration is a court with or-\\ndinary and extraordinary powers. It can sum-\\nmon any party to a dispute which is before it to\\nappear, and, if he refuses, can proceed without\\nhim. It can enter and investigate any premises\\nand question any persons there without warrant.\\nIt can permit any party who might appear to", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0043.jp2"}, "44": {"fulltext": "24 A Country Without Strikes\\nhave a common interest in the matter to be\\njoined in the proceedings. It can receive such\\nevidence as it thinks fit whether strictly legal\\nevidence or not. It has the power of other\\nmagistrates to take evidence at a distance.\\nNone of its awards can be set aside for any in-\\nformality it is required that they be not framed\\nin a technical manner. They cannot be chal-\\nlenged, appealed against, reviewed, quashed,\\nor called in question by any court of judicature\\non any account whatsoever.\\nThe board is to make its decision according\\nto the merits and substantial justice of the case,\\nand the Court of Arbitration in such manner\\nas they find to stand with equity and good con-\\nscience.\\nThe members of the board and courts are\\npaid moderately only while sitting and wit-\\nnesses are compensated for the loss of time and\\nfor their travelling expenses, but no costs are to\\nbe allowed in any case whatever for any agent,\\ncounsel or solicitor to appear for either party.\\nThe fees and travelling expenses of members of\\nthe court are met out of the general funds of the\\ncolony. It is felt to be better public policy that\\nthe whole community should bear this than to\\nrun the risk that poor men might suffer injustice\\nbecause they could not afford the expense of ap-\\npealing for justice. The expenses of witnesses", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0044.jp2"}, "45": {"fulltext": "Insuring the Future 25\\nare charged as costs to the disputing parties. It\\nhas been proposed that the compensation of the\\nmembers of boards and the court be always\\ncharged to the disputants in order to prevent\\ntrivial and excessive litigation, but this has been\\nnegatived for the reason of public policy just\\ngiven.\\nTo check frivolous and causeless appeals to it,\\nthe court is authorised to dismiss any such cases\\nand to assess all costs upon the offender.\\nBusiness men are protected from the injustice\\nof being put to a disadvantage, perhaps ruinous,\\nby an award giving their employes pay, hours or\\nconcessions which their competitors do not have\\nto give. There is a provision by which all the\\nemployers in the district, or in the whole\\ncountry, if the court so decide, can be brought\\nin and made parties to the procedure and sub-\\nject to the award.\\nAll trade-unions concerned can be similarly\\nbrought in. Any employer or association of\\nemployers, and any trade-union, although not\\nsummoned but wanting to appear, may be ad-\\nmitted by the court.\\nThe court can adjust its decisions to the cir-\\ncumstances of the district or country at large,\\nand can vary them as it thinks proper with re-\\ngard to individuals or trades to secure fair play\\nfor all.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0045.jp2"}, "46": {"fulltext": "26 A Country Without Strikes\\nAn award settles wages or other conditions\\nin question for two years, if a shorter time is\\nnot specified by the court. Any person joining\\nany union or association may be made subject\\nto any award which has been previously ren-\\ndered affecting it.\\nAny workman may stop work and any em-\\nployer shut down .during arbitration or after\\nan award, provided he can show the court that\\nhe did so for some good reason, such as the un-\\nprofitableness of the business any reason other\\nthan to escape or defeat its jurisdiction. But\\nif he wants to resume during the life of the\\naward, he can do so only by obeying all its\\nterms. The law cannot be evaded or ignored.\\nEmployers cannot escape it by refusing to or-\\nganise, for they can be brought up singly. They\\ncan refuse to attend only at the same risk as\\nin other courts of having the case go against\\nthem by default. If they refuse to exercise\\ntheir right of electing representatives on the\\nboards and the court, the state does it for them.\\nThe workmen in any trade can keep themselves\\nout of reach of the law by neglecting to organ-\\nise, but they would have to be practically unani-\\nmous in this, for any seven of them could form\\na union and bring every one else concerned, em-\\nployers and employes, organised or not, before\\nthe court.\\nViolation of an award is not necessarily an", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0046.jp2"}, "47": {"fulltext": "Punishment 27\\noffence. It is left to the court to decide whether\\nsuch a breach shall be punished or not. Of\\ncourse, as a matter of fact, the court does as a\\nrule make disobedience of the award an offence\\nand punishable. But with a practical foresight,\\nwhich in a new field like this looks much like\\ngenius, the author of the law left this matter\\nwithin the discretion of the gourt.\\nThe court, said Mr. Reeves, might make\\nan award which possibly any employer would\\nrather break than attempt to carry out. It\\nmight make an award that members of unions\\nwould be prepared to go to prison rather than\\nobey, and under these circumstances the best\\nthing is to leave it to the good sense of the\\ncourt. We cannot picture to ourselves the in-\\nfinite diversity of cases that will come before the\\ncourt. There will be many awards that can be\\nmade binding and some which it would be folly\\nto make binding.\\nTrifling with the awards is likely to prove an\\nexpensive amusement. The court determines\\nfor itself what constitutes a breach and does not\\nhave to define this in advance at the time of\\nmaking an award. It may, at any time during\\nthe life of its decision, adjudge any obnoxious\\nthing which has been done to be a violation of\\nits award, and may punish it. This is as broad\\nas the powers of courts in contempt cases.\\nA penalty running up to twenty-five hundred", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0047.jp2"}, "48": {"fulltext": "28 A Country Without Strikes\\ndollars may be imposed for violation of an\\naward. No more than this can be laid on any\\nparty and no more than this can be exacted\\nunder any award from all the parties to it.\\nIn addition to that, Mr. Reeves explains,\\nthe court has the ordinary power of proceeding\\nby committal or attachment against any one\\nwho defies it. This power would be used very\\nreluctantly and sparingly, should all other\\nmeans fail. Public opinion generally would\\nsupport it. On the other hand, it is not likely\\nto be required.\\nOne fine of twenty-five hundred dollars then\\nwould exhaust all the powers of punishment by\\nfine under one award, but a business men s asso-\\nciation, trust or monopoly, or a great trade-\\nunion, thinking to secure immunity for a con-\\ntinued violation by one payment of twenty-five\\nhundred dollars, would be easily made subject\\nto a new award and to as many more awards as\\nmight be necessary to make them good citizens.\\nNo one could by simply paying a single\\nfine, says Mr. Reeves, snap his finger there-\\nafter at the court. He could, of course, be\\nbrought before it again and again, and might\\nhave to pay fines until he was tired.\\nThe order of the court for such a fine may be\\nfiled in the other courts and becomes enforceable\\nas a judgment. If the property of a trade-", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0048.jp2"}, "49": {"fulltext": "An Anomaly 29\\nunion or association of business men is not suf-\\nficient to pay the fine, the individual members\\nare liable, but only to the amount of fifty dollars\\neach.\\nThrough a defect in the law at first the only\\npunishment for a violation of the terms of a de-\\ncision that could be enforced was imprisonment.\\nThis was felt to be so harsh a method of dealing\\nwith behaviour but newly made legally penal,\\nthat the judges evaded it by taking advantage\\nof every possible technicality, and the working-\\nmen, even where they felt themselves aggrieved,\\nwould not ask for the infliction of so severe a\\npunishment. The law has now been changed so\\nthat the money penalty can be enforced, and the\\njudges show no hesitation in applying it, and\\nthe offenders show no hesitation in submitting.\\nMany of the disputants, knowing that there\\nis an appeal to the Court of Arbitration and de-\\ntermined to take advantage of it, make their ap-\\npearance before the Conciliation Board little\\nmore than a formality. They frequently an-\\nnounce in advance that they do not mean to\\nabide by the decision of the board. Since there\\nare no means of enforcing its award, it is the\\nsuccessful party before the board who has to\\nappeal. To meet this anomaly of appeal being\\nforced upon the successful party and to give the\\nConciliation Board a greater importance, it has", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0049.jp2"}, "50": {"fulltext": "30 A Country Without Strikes\\nbeen proposed to alter the procedure so that the\\nloser would have to appeal. The Secretary for\\nLabour says on this subject, in his report for\\n1897:\\nWhen the whole Board of Conciliation is\\nunanimous, that is to say, when the employers\\nrepresentatives, the workers representatives,\\nand the chairman, all agree that certain things\\nshould be done, the board should have the same\\npower as the higher court to make its award\\nbinding on both parties. In some cases at pres-\\nent, the time of members of the board is wasted\\nbecause the intention of the litigants is to take\\nthe case to the Court of Arbitration under any\\ncircumstances in order that the award may have\\nthe force of law. This is an injustice to the\\nboard and a waste of public money.\\nMr. Reeves told Parliament that ninety cases\\nout of one hundred would probably be settled by\\nthe Conciliation Boards, and would not go to\\nthe Court of Arbitration. One of his sup-\\nporters prophesied that the court would not be\\nused once in twenty years.\\nIn practical operation only one third of the\\ncases have been settled by the Conciliation\\nBoard without an appeal to the court, but a large\\nmajority of its decisions have been sustained\\nupon appeal; that is, in most cases, those who\\nrefused to abide by the recommendations of the", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0050.jp2"}, "51": {"fulltext": "Hears Both Sides 31\\nConciliation Board, have wasted their own and\\ntheir opponent s time, money, and pains by forc-\\ning an appeal to the court. This is likely to be\\nrecognised and to bring it about in time that the\\nappeals to the court will become less frequent.\\nThe law secures that the public gets both\\nsides of every dispute, and gets them from the\\nchosen representatives of each side. Public\\nopinion is the arbitrator in such matters in the\\nlong run, and the public of New Zealand is the\\nonly one which has seen to it that it shall have\\nthe facts on which to form itself.\\nThe government is not obliged to arbitrate\\nwith its own employes as the law now stands.\\nAs passed originally by Mr. Reeves, railroad\\nemployes, the largest and most important class,\\nwere included; but a change in the system of\\nmanagement from Commissioners to a Minis-\\nter of Railways took them out from under the\\nact. There is a strong demand that the govern-\\nment shall not continue to exempt itself from\\nthe same rule it enforces on others. This was\\nthe only change recommended by the annual\\nconference of the Trade and Labour Councils of\\nNew Zealand, at Christchurch, in April, 1899.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0051.jp2"}, "52": {"fulltext": "CHAPTER II.\\nTHE SHOEMAKER STICKS TO THE LAST.\\nIt was more than a year before a case was\\ntried under the act, but its influence was felt im-\\nmediately. It had been passed in August, 1894,\\nto go into effect in January, 1895. The first case\\ncame up in May, 1896. In the meantime, many\\nof the trade-unions and a few associations of\\nemployers registered. Although the law had\\nbeen framed by one of their friends and passed\\nwith the help of the labour members, the\\nworkingmen looked the new automobile over\\nvery carefully before accepting the invitation to\\nride. Their scrutiny satisfied them that, though\\nthe act was not perfect, it was a good thing.\\nMr. Reeves was able to announce to Parliament\\nby September, 1895, that sixty-one trade-\\nunions, the pick and flower of the labour of the\\ncolony, had come in under the original act pre-\\npared to surrender their right to strike pre-\\npared to submit their disputes to fair arbitration\\nand conciliation. Employers, too, were being\\nregistered and more unions were registering.\\n32", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0052.jp2"}, "53": {"fulltext": "Arbitration that Arbitrates 33\\nHe was speaking to a bill which he had sub-\\nmitted for some improvement in the machinery\\nof the Arbitration Courts. The main argument\\nwhich he advanced to secure the support of Par-\\nliament for the amending bill shows on what\\npractical grounds this legislation for arbitration\\nhad been entered upon. He warned the mem-\\nbers that industrial troubles of the most serious\\nnature were impending and likely to eventuate\\nwithin a few weeks.\\nThere was a reason and a grave reason why\\nthe arbitration act should be brought into oper-\\nation, and within a few weeks brought into\\noperation it would be.\\nThe warning of Mr. Reeves had reference to\\nthreatened disturbances in the shoe trade, which\\nhad been for years in a disorganised condition.\\nThis time, thanks to the Arbitration Act, the\\noutbreak which he feared was averted.\\nHe was able to announce a few weeks later to\\nan interested house that there had just met in\\nChristchurch an important conference between\\nthe federated boot manufacturers and the asso-\\nciated unions of their workmen. The anxiety\\nwhich had been felt in regard to that conference\\nwas now at an end. Both parties had entered\\ninto an agreement not to have any strike or\\nlockout, but to refer any disputes to arbitration.\\nThis was the first practical use that had been", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0053.jp2"}, "54": {"fulltext": "34 A Country Without Strikes\\nmade of the industrial Conciliation and Arbitra-\\ntion Act in actual differences of opinion between\\nemployers and employed, and the honourable\\nmembers would no doubt share with the gov-\\nernment the pleasure of knowing that the em-\\nployment of the industrial Conciliation and\\nArbitration Act should have been of such a\\npractical and friendly character.\\nThe next year the strike thus averted came up\\nbut with features never seen before. Instead of\\nall the manufacturers and all the employes\\ngoing into a pitched industrial battle, eleven\\nmen represented all the contestants on both\\nsides, like the champions in some Italian battle\\nin the Middle Ages. This was the first case\\nunder the arbitration law, and the case has con-\\ntinued to be before the court, coming back in\\none shape or another through all the years\\nsince. It was a very important struggle in it-\\nself, and its career in the Arbitration Court\\nillustrates nearly every phase of the new kind of\\nstrike New Zealand has invented, that in which\\njustice strikes a balance.\\nThe story of the relations of the shoe manu-\\nfacturers and their men, before the Arbitration\\nCourt was established, exhibits both masters\\nand men in the trade struggling with almost\\ndesperate energy to establish voluntary concili-\\nation and arbitration. They tried by every", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0054.jp2"}, "55": {"fulltext": "Compulsion by Minorities 35\\nprivate means to achieve the blessings of indus-\\ntrial peace, by conference, reason and consent.\\nThey failed in this private effort because of the\\nugly and short-sighted obduracy of a few manu-\\nfacturers. Then the new court was opened and\\nwe see the stability and prosperity which pri-\\nvate conciliation could not give them introduced\\nsuccessfully and established and maintained\\nby compulsory arbitration. We see compulsory\\narbitration doing just w T hat the majority of the\\nmasters and the men tried to do, but could not\\nbecause of a selfish minority.\\nCompulsion thus gives not only peace, but\\nliberty the will and the power to do right\\nliberty to work, liberty to contract with each\\nother, liberty to live harmoniously, liberty to\\nenjoy the fruits of honest capital and honest\\nindustry.\\nThe history of their experience previous to\\nthe creation of the state tribunal, and after-\\nwards, has been published by the trade-unions\\nof boot makers in pamphlet form for general\\ndistribution. They gave it this publicity be-\\ncause they realised the unique interest it gained\\nfrom the fact that they had been the first to take\\nadvantage of the new law, and because they\\nhoped that it would serve as a guide to other\\nunions who might find it necessary to avail\\nthemselves of this means of settling disputes.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0055.jp2"}, "56": {"fulltext": "36 A Country Without Strikes\\nThe boot trade of New Zealand had been in\\ncontinual ferment for many years, up to 1890,\\nthe year of the Maritime Strike. The relations\\nbetween manufacturers and workingmen had\\nbeen relations of constant antagonism and dis-\\nsatisfaction. Suspicion, ill-feeling and a strong\\nsense of injustice had been engendered on both\\nsides. Some solution of the difficulty came at\\nlast to be felt by all as a necessity. This feeling\\nwas intensified by the shock given to every one\\nby seeing the country go to the verge of civil\\nwar in the Maritime Strike. One of the main\\ncauses of the friction and of the strikes which it\\ncaused had been the demand of the union that\\nonly unionists should be employed, and their\\ninsisting on the custom of the trade not to\\nwork with non-unionists. The Boot Makers\\nUnion took the lead in opening the path to peace\\nin 1 89 1. They pressed the manufacturers to\\nimitate them by joining together in association\\nin order that then by conference they might find\\na basis for working with mutual concessions.\\nThe outcome of this invitation from the boot\\nmakers trade-union to the manufacturers of the\\ncolony was an acceptance and a conference\\nwhich met in Wellington, the chief city of the\\ncolony. This. conference resulted in agreement.\\nThe employers and the men established local\\nand central Boards of Arbitration and Concili-", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0056.jp2"}, "57": {"fulltext": "Their Voice for War 37\\nation on which members of both sides should be\\nequally represented. They thus initiated the\\nsame procedure which the arbitration law after-\\nwards adopted.\\nWhen the meeting finally closed both mas-\\nters and men expressed their complete satisfac-\\ntion with each other, says the history published\\nby the trade-union, and their trust that a new\\nera had dawned and that hereafter the relations\\nmight be of a kindly character, the old differ-\\nences healed by peace and goodwill from one to\\nthe other.\\nBut to the surprise and dismay of their repre-\\nsentatives as well of the employers as of the\\nmen after they had thus succeeded in harmo-\\nnising their differences and providing means of\\narbitrating future differences, they were in-\\nformed that a few manufacturers of one city\\nAuckland a very small minority of the whole\\ntrade, would not accept the action of the con-\\nference and would not abide by the results. The\\ndelegates of these manufacturers in the confer-\\nence made no secret of the fact that they were\\npersonally desirous that their principals, the\\nAuckland employers should join with the others,\\nbut these obstinately refused to do so, and the\\nperemptory word was sent from Auckland that\\nthe employers there refused to be bound by any\\ndecision arrived at. The Auckland manufac-", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0057.jp2"}, "58": {"fulltext": "38 A Country Without Strikes\\nturers were not themselves a unit in this action,\\nbut, of course, this attitude on the part of a few\\nwas enough to shatter all that had been done.\\nWhat was known as the Auckland Strike, a\\nvery ugly, obstinate and expensive struggle,\\nfollowed, and lasted about six months. During\\nthe progress of this strike, the representatives of\\nthe manufacturers of all the principal cities, in-\\ncluding some in Auckland, united with represen-\\ntatives of all the trade-unions in the shoe indus-\\ntry in New Zealand, to issue a manifesto to\\nthe public. This explained the pains that had\\nbeen taken by the majority of the manufac-\\nturers and all the unions to secure harmony, and\\nthe adoption of a rational method of concili-\\nation, and how this had been defeated by the\\ncontumacy of an intractable minority of guerilla\\ncompetitors.\\nThe late conference/ they said, brought\\nabout the establishment of good feeling between\\nworkingmen and manufacturers. The former\\nwere satisfied with the action of the latter, and\\nthey, in return, acknowledged the fair spirit in\\nAvhich the men considered every subject submit-\\nted for consideration. Courts of Arbitration and\\nConciliation were provided for, strikes almost\\nconsidered an impossibility, while the future re-\\nlations of the employer and employed presented\\na brighter aspect than has ever before existed.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0058.jp2"}, "59": {"fulltext": "A Losing Victory 39\\nThat a few manufacturers, these manufac-\\nturers and unionists concluded, shall be able to\\ngain a victory in a fight against reasonableness\\nand fair play, we refuse to believe. Bad will it\\nbe for all, themselves included, if they do suc-\\nceed, for once again fighting, dissatisfaction and\\ndiscord will be introduced in the relation be-\\ntween employers and employes, and the last\\nstate probably will become worse than the first.\\nBut the few manufacturers did win. Their\\nvictory, however, was as predicted dearly won.\\nAs a result of the defeat of the men and the\\nbreakup of the workers union, and the filling of\\nthe factories by the manufacturers with non-\\nunion and boy labour, the employers, the la-\\nbourers and the community suffered losses\\neasily pointed out. Many small factories\\nwere started, and in a short time the com-\\npetition became so keen that a number of\\nmanufacturers decided that it was not worth\\nwhile to continue in business. The public suf-\\nfered because the cost of production became\\ngreater than it would have been if the big manu-\\nfactories had been going, and the class of work\\ndone became inferior. The boys who were put\\nin place of men did not learn their trade thor-\\noughly, and, when their apprenticeship was\\nfinished, had to accept work at a less rate than\\njourneymen, and the men, of course, suffered,", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0059.jp2"}, "60": {"fulltext": "4-0 A Country Without Strikes\\nfor those who continued to work had to put up\\nwith an uncertain employment and fluctuating\\nwages.\\nThese evils led to another conference after\\nthe strike, and an agreement was reached in\\n1892, which, like the one before it, provided for\\na general Board of Conciliation and Arbitration\\nfor the trade. This agreement kept peace for\\nthree years, until near the end of 1895, an d suc-\\ncessfully arbitrated several serious disputes.\\nAt its expiration an attempt was made to\\nform another, but some of the manufacturers\\nrefused to come to terms. They followed up\\nthis refusal to renew the old agreement by pro-\\nmulgating a new and harsh schedule of wages,\\nrules and conditions, changing the men s posi-\\ntion seriously for the worse. The men refused\\nto accept these new terms.\\nThe situation then was this, said one of the\\nlabour men who had a vigorous vocabulary,\\nShould the vast majority of the manufacturers\\nand the employes and the general public who\\nwanted arbitration and peace, stability and pros-\\nperity, lose them to enable a few cranks or\\ncrooks of competition to get the start of hu-\\nmaner men? The right of free contract/\\nmanaging my own business/ liberty/ for\\nwhich this minority held out against the rest of\\nthe trade and the community, was nothing more", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0060.jp2"}, "61": {"fulltext": "Using their Democracy 41\\nnor less than a right to sneak, cheat, cut and\\nsteal away their neighbour s business and prop-\\nerty by cruel employment and cruel competition.\\nThe bulk of the trade could gain no advantage\\nfrom letting these men have their own way, for\\nmany of them would be driven out of business\\nby the cuts in prices which cuts in wages\\nwould make possible. The supreme law in New\\nZealand, as everywhere else, is the general wel-\\nfare. There, as elsewhere, a part is not to be\\nallowed to make itself greater than the whole.\\nThis crisis in the shoe trade came just at the\\nmoment when public opinion in New Zealand,\\nworn out with the evils of strikes, had resolved\\nto find a substitute. The people were sick of\\nbattle-field arbitration, and wanted court-room\\narbitration, and what they wanted they gave\\nthemselves, like good democrats.\\nThe answer of New Zealand to intractable\\nminorities, either of trade-unions or employers,\\nwho wanted to fight when everybody else\\nwanted peace, was that arbitration was the only\\nethical and economical way to settle otherwise\\nirreconcilable disputes. The overwhelming ma-\\njority of the whole people wanted it, the public\\nwelfare and public morality agreed in demand-\\ning it, and therefore You must arbitrate.\\nWhen the ethical convictions and the eco-\\nnomic interests of a vast preponderance of the", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0061.jp2"}, "62": {"fulltext": "42 A Country Without Strikes\\ncommunity unite as to the need of a change,\\nthat change will surely come. No Anglo-Saxon\\ncommunity that has reached this state of mind\\nhas ever yet hesitated to pass any compulsory\\nlaw necessary to enforce the demands of public\\nopinion.\\nThe compulsion, let it never be forgotten, was\\nnot that employers or workingmen must do\\nbusiness at prices fixed by law and force. The\\ncompulsion was that they must settle these\\nprices by arbitration instead of vendetta. The\\ncompulsion was to arbitrate. The arbitration\\nbeing by an outsider, an impartial and com-\\npetent person, would decide on prices that would\\nbe fair to all. If there must be a sacrifice, it\\nwould apportion it justly. If there was a profit,\\nit would see that all got their share of it.\\nAnother disastrous strike would ordinarily\\nhave followed the action of the manufacturers\\nwhen the agreement of 1892 expired in 1895.\\nBut in the meantime the Compulsory Arbitration\\nlaw had come into effect, and the men, with the\\nencouragement of many of the manufacturers,\\nsick and weary with finding themselves back\\nwhere they had been, after seven years of hard\\nwork to make strikes impossible, resolved to see\\nif the new machinery of the state could not be\\nused to put an end to this chronic war, and give\\nthem what they had failed to get by private\\neffort lasting peace.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0062.jp2"}, "63": {"fulltext": "No Lawyers 43\\nUnder the act the men could have called the\\nmanufacturers before the court whether they\\nwanted to come or not. But, perhaps, because\\nthey thought a conciliatory tone was more be-\\ncoming in appealing to a Board of Conciliation,\\nthey wrote their employers asking them if they\\nwould meet them before the board. The manu-\\nfacturers assented.\\nThe men were also entitled, under the act, to\\na continuance of the then rates of wages and\\nother conditions, without change during the ar-\\nbitration. But here again, they preferred to\\nseem to receive as a favour that which they\\nwould have had now as a right. They asked the\\nmanufacturers if, pending the arbitration, the\\nold rules and rates would remain in force. To\\nthis the manufacturers also assented cordially,\\nas they could easily do, since they would have\\nhad no right to refuse.\\nThe men asked for the privilege of having\\ncounsel, but the manufacturers replied that they\\ndid not intend to be so represented, and there-\\nfore must deny the request.\\nThe proceedings before the Board of Concili-\\nation opened with an amicable compliment from\\nthe principal representative of the manufac-\\nturers.\\nFirst of all, he said, I should like to com-\\npliment the employes on taking the course they\\nhave, and not going out on a strike, which", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0063.jp2"}, "64": {"fulltext": "44 A Country Without Strikes\\n\u00e2\u0080\u00a2would have been a deplorable thing to do. I\\nhope we shall work harmoniously together and\\ndo the thing which is just and right.\\nA later remark by one of the manufacturers\\nbefore the board shows how tenaciously they\\nclung to what has always been the principal con-\\ntention of the manufacturers in these disputes\\ntheir right to ignore the organisation and the\\nrepresentatives of their men.\\nI must say at once/ said this representative\\nof the Manufacturers Association, on behalf\\nof the manufacturers, that they will not for a\\nmoment negotiate with outside persons. They\\nwill not deal with irresponsible bodies, or with\\nmen not in their employ.\\nBut this brave talk did not prevent their com-\\nplying with the order of the court when it was\\ngiven, that they should deal with unions of their\\nmen, whether they chose to designate them as\\nirresponsible bodies or not.\\nThe aw r ard of the Board of Conciliation was\\naccepted by the manufacturers, but rejected by\\nthe men, and an appeal was taken to the Court\\nof Arbitration.\\nIt is noteworthy that the first trade to try the\\nnew tribunal was one in which a voluntary Con-\\nciliation Board had been organised by both\\nsides, and had settled satisfactorily all disputes\\nreferred to it, and had lapsed only on account of", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0064.jp2"}, "65": {"fulltext": "A Point for Employers 45\\nthe refusal of a few among the employers to\\nrenew the arrangement.\\nIf the men were right in the point they made,\\nquoted above, as to the expensiveness of the\\nmanufacturers victory to themselves, they\\nwere, in making this appeal to the Arbitration\\nCourt, fighting the cause of the majority and\\nthe better class of the manufacturers as well as\\ntheir own.\\nThat an Arbitration Act can operate as\\nmuch for the protection of employers against\\nguerilla competitors as for the protection of\\nlabour against capital, is one of the great dis-\\ncoveries being made by experience in this ex-\\nperiment. Manufacturers in New Zealand are\\nbeginning to see this and take advantage of it.\\nI learned of several cases in which, by assist-\\ning their employes to organise and appeal to the\\nCourt of Arbitration, the manufacturers sought\\nto obtain decisions which would bind not merely\\nthemselves, but also their uncontrollable com-\\npetitors. Such a competitor can by this use of\\nthe Arbitration Court be prevented from mak-\\ning the cuts in wages which enable him to cut\\nprices to the ruin of all who do not imitate him\\nin squeezing out of the employes the funds to\\nfight business rivals.\\nLike the strike that had preceded it, this con-\\ntest with the masters before the Board of Con-", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0065.jp2"}, "66": {"fulltext": "46 A Country Without Strikes\\nciliation and the Arbitration Court lasted six\\nmonths, from May until November. But with\\nwhat a difference. One had stopped the fac-\\ntories and brought misery and distress to thou-\\nsands of men, women and children. The other\\ntook only a dozen men from their counting-\\nrooms and the working-bench. While they\\ndebated, the industry went on, wages and profits\\nrolled in their accustomed channels into the\\nhands that earned them. One strike in this\\ntrade had cost the men alone thirty thousand\\ndollars, and had created the angriest feelings.\\nBut the arbitration was a quiet, almost friendly\\ndebate, and the participants, speaking in public\\nand before the court, had to control their tem-\\npers and their tongues.\\nAt the close of the case, his Honour, the pre-\\nsiding Judge, complimented both sides on the\\nthorough and clear way in which the matter\\nhad been presented and the good feeling which\\nhad been shown.\\nHe requested that one representative of each\\nside would remain in attendance to instruct the\\ncourt, if any techincal points should arise that\\nneeded further explanation. The Judge said\\nthat the court hoped to be able to give a decision\\non the following day, but it was a fortnight be-\\nfore he and his associates were ready with it.\\nThe court laid down a rule of the greatest", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0066.jp2"}, "67": {"fulltext": "Preference for Trade -Unionists 47\\ninterest, which has since been followed. The\\nworkingmen had asked for an award enforcing\\nthe custom of the trade and directing the\\nmanufacturers to employ only trade-union men.\\nWhile this was refused, the court held that\\nmembers of the union should be given employ-\\nment in preference to non-members, provided\\nthere are members of the union who are\\nequally qualified with non-members to perform\\nthe particular- work required to be done, and\\nready and willing to undertake it.\\nThis position was taken by the court because\\nit was found to have been the custom of the\\ntrade to employ trade-union men, and the Court\\nof Arbitration has, throughout its career, fol-\\nlowed the conservative policy of making its\\naward conform as closely as possible to what is\\nproved to be the practice.\\nIt has, for example, in other cases, declined\\nto give trade-unions this preference where it\\nwas shown that they had not previously achieved\\nany such preference for themselves.\\nAnother reason given by the court for this\\npreference was the wording of the title of the\\nact. This then stood as originally passed, An\\nact to encourage the formation of industrial\\nunions and associations, and to facilitate the\\nsettlement of industrial disputes by conciliation\\nand arbitration.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0067.jp2"}, "68": {"fulltext": "48 A Country Without Strikes\\nThe court held that the title must be consid-\\nered as part of the act in determining the inten-\\ntion of the legislature.\\nThis policy of giving trade-unions preference\\nwherever possible, without disturbing the set-\\ntled practice of the business, has since been fol-\\nlowed by the court, and it is one of the most\\nimportant rules of action established under the\\narbitration law of New Zealand.\\nWhile giving members of the union prece-\\ndence in employment in this case, the court re-\\nquired that non-union and trade-union men at\\nwork side by side should work harmoniously,\\nunder the same conditions, and receive equal\\npay for equal work. The employer was ex-\\npressly conceded the fullest control over the\\nmanagement of his factory/ with full liberty\\nto introduce machinery without notice, with\\nno restrictions upon out-put or the method of\\nworking.\\nThe hours were limited to not more man nine\\nin one day, nor more than forty-eight in a week.\\nExtra pay for overtime was given. The num-\\nber of apprentices to be employed in each de-\\npartment was definitely fixed. Ten dollars a\\nweek was established as the lowest rate to be\\npaid. The minimum wage this is called.\\nSuperior men were given as much more as\\nthey could earn. The rates of piece-work were\\nfixed in proportion.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0068.jp2"}, "69": {"fulltext": "The Minimum Wage 49\\nThe court dealt with the question of the pay\\nof inferior men as well as of the average work-\\nmen. There would, of course, be men who\\ncould not earn even the minimum, but whose\\nservices would still be needed by their employ-\\ners. These could be given work, but their\\nwages were to be determined, if any question\\narose, by the Board of Conciliation.\\nTo prevent sweating, it was required that all\\nwork should be done in the shops.\\nThe trade custom of Boards of Conciliation\\nand Arbitration within the trade itself, for\\nwhich the better class of manufacturers and the\\nworkingmen had so bravely contended, was re-\\nstored, and a full and exact constitution for\\nthese boards was laid down, and they were\\ngiven, within the trade, the powers of fixing\\nprices, determining conditions and settling dis-\\nputes, which the Court of Arbitration itself pos-\\nsesses for all industries. This power to create\\ntrade tribunals of conciliation and arbitration is\\none of the most important functions of the New\\nZealand Court of Arbitration.\\nThis settlement was achieved with average\\njustice to all concerned because, for one reason,\\nthe parties to the dispute had had to make public\\nall the conditions of their industry, and to have\\nthem attested by witnesses and experts, handled\\nin the ways usual in courts.\\nThis ability of each side in the Arbitration", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0069.jp2"}, "70": {"fulltext": "50 A Country Without Strikes\\nCourt to subject the claims made by the other\\nto the fullest examination was in striking con-\\ntrast to their helplessness previously.\\nOne of the most interesting pages of the his-\\ntory of the boot trade dispute published by the\\ntrade-union, is that in which it recites, and an-\\nswers as it can, the assertions made by the Auck-\\nland manufacturers who refused in 1891 to be\\nbound by the results of the conference. These\\nassertions when made had been met in the mani-\\nfesto of the employers and the workingmen\\nsimply by counter-assertions, for this was the\\nbest that they could do in the days when there\\nwas not yet compulsory publicity.\\nThe Auckland manufacturers, for instance,\\nhad asserted that living was cheaper in their\\ntown than elsewhere, and that the men were\\nequally well off with smaller wages than else-\\nwhere. To this the manifesto had to content\\nitself with replying No proof has been given,\\nand probably the difference, if any, is infinitesi-\\nmal. But when statements like this were\\nmade before the Court of Arbitration proof had\\nto be brought. The Auckland manufacturers\\nhad to back up their assertions with actual facts\\nand figures subject to all the sifting and testing\\nprocesses of court procedure.\\nAnother claim which the Auckland men had\\nmade was that they bought their materials", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0070.jp2"}, "71": {"fulltext": "Compulsory Truth 51\\ncheaper, and hence charged less for their goods,\\nand another, that the wages their men earned at\\npresent were large enough. To all these state-\\nments their opponents could make no adequate\\nreply when there was no Arbitration Court or\\nConciliation Board; but when these were once\\nin operation, no assertion of that sort could\\navail the manufacturers who made it unless they\\nwere prepared to substantiate it with indisput-\\nable evidence, which could stand cross-examin-\\nation and pass muster with experts and judges\\ntrained to deal with all kinds of mystification,\\nstatistical and otherwise.\\nStatements like these were made before the\\nArbitration Court, but now they were investi-\\ngated by the representatives of labour and capi-\\ntal. All the necessary books had to be pro-\\nduced, experts were called in, and questions of\\nfact were all disposed of in a way which made it\\nimpossible to doubt that the truth had been\\nascertained.\\nThe court had the power to make its decision\\nbinding on the trade for two years, but it\\nthought it was wiser, as it was the first decision,\\nto let it run for only one year.\\nAt the end of the year, the dispute broke out\\nafresh. The two associations of masters and\\nmen had a meeting and agreed that it was of no\\nuse to go before the Board of Conciliation, for", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0071.jp2"}, "72": {"fulltext": "52 A Country Without Strikes\\nneither side would rest until it had, first, ex-\\nhausted its last chance of getting what it wanted\\nby going to the court of last resort, and second,\\nhad got a decision which it knew it had to obey,\\nwhether it wanted to or not.\\nIn other words, both sides wanted compul-\\nsion, not conciliation\\nThe employers, as the remark quoted by one\\nof their number at the beginning of the concili-\\nation had foreshadowed, made their principal\\nstand against that part of the decision which\\ngave preference to trade-unions. There were\\nother points at issue, but the main fight was on\\nthis.\\nThe men wanted forty- four hours a week;\\nthe manufacturers were willing to continue\\nforty-eight hours- a week, and the court held\\nwith them.\\nThe manufacturers agreed to the average\\nwage of ten dollars a week. The workingmen\\nwere denied some increases of pay they asked\\nfor instructors apprentices and for skilled men\\nto put at work on machines, but they were given\\nincreased rates for piece-work. Some of their\\ndemands as to the limitation of the number of\\napprentices were conceded, others refused.\\nThe employers made no opposition to the\\nprovision, designed to put an end to sweating,\\nthat all work should be done in the factory.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0072.jp2"}, "73": {"fulltext": "The Sore Point 53\\nBoth sides agreed that new machinery could\\nbe introduced at will by the employer.\\nThe sore point with the manufacturers was\\nthat they were forbidden to employ non-union\\nmen until they had given places to all the union\\nmen who were competent and willing to do the\\nwork. This was threshed out again as it had\\nbeen at the first hearing. The manufacturers\\nwere resolved that, as they had said, they would\\nnot deal with irresponsible bodies/ nor nego-\\ntiate with outside persons, meaning delegates\\nof the trade-unions.\\nThe Boot Makers demanded that\\nEmployers shall employ members of the New\\nZealand Federated Boot Makers Union in pre-\\nference to non-members, provided there are\\nmembers of the union who are equally qualified\\nwith non-members to perform the particular\\nwork required to be done, and are ready and\\nwilling to undertake it.\\nThe Employers, that\\nEmployers shall not discriminate between\\nmembers of the New Zealand Boot Trade\\nUnion and non-members.\\nThe court made its decision in the exact lan-\\nguage of the employes. This time it made its", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0073.jp2"}, "74": {"fulltext": "54 A Country Without Strikes\\naward binding for two years, the full limit al-\\nlowed, until September I, 1900.\\nFor six years then, from September, 1895,\\nuntil September, 1900, the manufacturers and\\nthe men in the boot trade will have been en-\\nabled, notwithstanding many serious differ-\\nences, many of them still existing, to go on\\nworking. For six years they will have had no\\nstrikes, no lockouts there will have been no un-\\nexpected demands by the men, no sudden cuts\\nby the masters. These six years have been\\nyears of constant dispute, but there has not been\\none day s idleness, not one day of passion, not\\none blow struck. Both sides are still contend-\\ning, but they continue at work and are pros-\\nperous.\\nWhen the two years period expires in 1900,\\nthe same peaceful means of settlement will be at\\nthe disposal of both sides, and both will no\\ndoubt, as they have already done, decline con-\\nciliation and choose compulsory arbitration be-\\ncause it is compulsory, and guarantees finality\\nand certainty and equal conditions for all.\\nVery likely, however, by that time the two\\nparties in this trade will do as others have done\\nunder the new regime, they will agree to go on\\naccording to the terms fixed by the court with-\\nout troubling it again. Or, they may follow\\nstill a different course, as has also occurred in", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0074.jp2"}, "75": {"fulltext": "The Better Way 55\\nanother trade. They may ask the president of\\nthe court to meet with them informally, and,\\nafter an amicable conversation, make a volun-\\ntary agreement along the lines suggested by\\nhim.\\nIs not this a civilised way for civilised people\\nto settle their differences? If there is a better,\\nwhere is it to be found In such wholesale dis-\\naster as that of the strike in the quarries of Lord\\nPenrhyn, or at Homestead, or in the complete\\nparalysis that for months last year held almost\\nall the industries of Denmark in its grasp?\\nThe representatives of the boot manufactur-\\ners associations pleaded almost piteously before\\nthe court that they would be ruined if it granted\\nthe demands of the men. The court, these rep-\\nresentatives pleaded, could bind their associa-\\ntion, but it had no power to bind outside boot\\nfactories, and this would give those outside the\\nassociation unfair advantages, as they would be\\nquite unrestricted as to wages and conditions\\nunder which they, as employers, should work.\\nThis would cripple the others who belonged to\\nthe association.\\nThe court dignifiedly allowed this limiting\\nconstruction of its powers to pass uncorrected.\\nBut an opportunity soon came to show whether\\nit had power to bind outside manufacturers, and\\nwould have the courage to use it.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0075.jp2"}, "76": {"fulltext": "56 A Country Without Strikes\\nThere were three men not in the manufac-\\nturers association, employers of non-union men,\\nand they disregarded the award which had been\\nmade against those inside the association. The\\nworkingmen of the union at once summoned\\nthem before the court. They were able to do\\nthis because the act is purposely so framed that\\nworkmen can proceed as well against individual\\nemployers as against associations of them. The\\ncourt decided that these manufacturers must\\nadhere to the same wages and other conditions\\nas those which it had fixed for members of the\\nmanufacturers association. But and this is an\\nillustration of the practical and conservative\\ntemper in which the judges have always admin-\\nistered the act the requirement that trade-union\\nmen must be given preference was waived.\\nThroughout its decisions, the court has\\nshown that its aim was to preserve as nearly as\\npossible the conditions in which it found the\\ntrade. It has constantly endeavoured to avoid\\nbecoming a disturbing element in business, or\\na legislator of new conditions.\\nPreference in this case was waived for the\\nreason that these outside manufacturers repre-\\nsented a branch of the industry in which the\\nmen were as yet hardly organised. The court\\ntherefore only stipulated that there should be no\\ndiscrimination against the trade-unionists, and", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0076.jp2"}, "77": {"fulltext": "No Free Lances 57\\nrequired the outside manufacturers to keep all\\nthe other conditions imposed upon their com-\\npetitors.\\nWhen the first award against the boot manu-\\nfacturers association expired, in December,\\n1897, these outsiders were, of course, also re-\\nleased, and they at once resumed their former\\nattitude of free lances. The decision already\\ndescribed regulating the trade until September,\\n1900, was, as the previous one had been, also\\ndisregarded by these outsiders.\\nAgain the trade-union called them before the\\ncourt, and this time they were sharply handled\\nthere. The trade had by this time got into a\\ncondition which, in the opinion of the judges,\\nmade the preference to trade-unionists advis-\\nable, and they did not repeat their former in-\\ndulgence of waiving it in behalf of these\\nmanufacturers who did not wish to join the\\nmanufacturers association, or to carry on their\\nbusiness by the same methods their competitors\\nwere compelled to observe.\\nThe presiding judge said that the conditions\\nof the boot trade had been exhaustively dealt\\nwith by the court, and it had rendered decisions\\nwhich it had meant should settle matters for\\nthe whole colony. Employers who sought to\\ncarry on their business on conditions other than\\nthose governing the trade generally, would have", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0077.jp2"}, "78": {"fulltext": "58 A Country Without Strikes\\nto show good cause why they should be allowed\\nto do so.\\nThe court then called upon these would-be\\nfree lances to show why they should not be\\nbound by the award. It did not trouble the\\ntrade-union to make any statement on its side.\\nThe defendants pleaded that they had consci-\\nentious scruples about belonging to the masters\\nassociation/ and they also said they had a per-\\nfect right to employ workingmen who, like\\nthemselves, had scruples about joining a union.\\nHis Honour said the court had nothing to do\\nwith such scruples. It would not be in viola-\\ntion of conscience for them to abide by the\\nrules which applied to their competitors in the\\nsame business.\\nThese manufacturers obstinately contended\\nthat they were not bound to join the masters\\nassociation. The judge said that there was no\\ndesire to force them to do so, but they must\\ncome under the same conditions as their com-\\npetitors. All the employers had contended be-\\nfore the court, he said, that they should have\\nliberty to employ whom they chose, but the\\ncourt had decided differently. The court could,\\nif it thought it wise, vary its decision, but, if it\\nshould do so in this case, it would be to the ad-\\nvantage of these three firms as against their\\ncompetitors, and the court could not see its way\\nto give them any such advantage.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0078.jp2"}, "79": {"fulltext": "Debate Instead of War 59\\nAfter a consultation by the members of the\\ncourt, its decision was announced by his\\nHonour.\\nIt would be grossly unfair, he said, to their\\ncompetitors, if these men were exempted from\\nthe award, and the court could see no reason for\\nexempting them. The court therefore made an\\naward binding these manufacturers to the same\\nterms as the rest of the trade.\\nA parting shot was fired by one of the de-\\nfendants who said that whatever it cost them,\\nthe firm would not sign an industrial agree-\\nment; they had conscientious scruples. To\\nwhich the court blandly replied that, whether\\nthey had conscientious scruples or not, or signed\\nor not, they would have to comply with the\\nterms of the decree.\\nThe Mohammedans have a saying that one\\nhour of justice is worth seventy years of prayer,\\nand in the study of so novel and important a\\nmatter as compulsory arbitration, one hour of\\npractical experience is worth seventy years of\\ntheory.\\nIn this instance, we see the first case which\\nappears before the court continuing to appear\\nbefore it, and we know that it will reappear.\\nThe masters and the men are both strongly or-\\nganised; they hold unshakable convictions;\\nthey even have conscientious scruples they\\nare not satisfied, for neither has secured what", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0079.jp2"}, "80": {"fulltext": "60 A Country Without Strikes\\nhe asked for, but they find it less intolerable\\nto obey the award and go on than to give\\nup the business. The trade is kept in continual\\nagitation for six years, but how innocent the\\nagitation! Instead of strikes, riots, starvation,\\nbankruptcy, passion, and all the other accom-\\npaniments of the Homestead method, there has\\nbeen debate! The total loss is a few weeks\\ntime of only a dozen men. The manufacturers\\nhave not been ruined they have not had to shut\\ndown their works they have not fled the coun-\\ntry. The w r orkingmen have gone on working,\\nbuying land and building homes and paying for\\nthem, rearing children, and building up industry\\nand the state as well as their homes.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0080.jp2"}, "81": {"fulltext": "CHAPTER III.\\nbetter committees than mobs.\\nOne of the great sayings of Kant was that\\nwe should organise the world. The com-\\npulsory arbitration of New Zealand organises\\nits industrial world. Its corner-stone is its in-\\nvitation to labourers and capitalists to unite\\nwithin themselves that they may be united with\\neach other. One continually sees paragraphs\\nlike this in the newspapers of New Zealand\\nThe iron workers of Auckland have unani-\\nmously agreed to form a union under the Con-\\nciliation and Arbitration Act. to be called The\\nFederated Iron Workers Union. The union\\nwill embrace the boiler-makers, farriers and\\ngeneral smiths.\\nAnd often, though less frequently, one sees\\nsimilar items announcing the organisation of\\nthe employers. At the last accounts there had\\nbeen one hundred and forty trade-unions and\\nunions of employers formed to take advantage\\n61", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0081.jp2"}, "82": {"fulltext": "62 A Country Without Strikes\\nof the Compulsory Arbitration law. More are\\ncoming into line.\\nCompulsory arbitration proceeds on the\\nteaching of experience that in labour troubles it\\nis better to have committees than mobs to deal\\nwith, even mobs of one. Of all mobs there\\nhave never been any more dangerous than an\\nindividual beside himself with passion and\\ngreed, defying all laws of God and man that he\\nmay have his own way.\\nEverything that can be done by the New Zea-\\nland law to encourage these organisations is\\ndone. Manufacturers stay outside the organi-\\nsation of their associates in the hope of escaping\\narbitration, only to find themselves as easily\\nbrought before the bar as the others. Organi-\\nsations of workingmen which are not registered\\nunder this law cannot hold land for their collect-\\nive purposes and cannot sue defaulting members.\\nOf course they cannot vote for members of the\\nBoards of Conciliation and Courts of Arbitra-\\ntion, and yet, when any disturbance arises in\\ntheir trade, they find themselves brought before\\nthese boards and put under the same terms of\\nemployment as their fellows who have regis-\\ntered. These are powerful inducements for or-\\nganisation and registration both by employers\\nand workingmen, and there are others.\\nThere is not a detail of any grievance a work-", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0082.jp2"}, "83": {"fulltext": "Sure of a Hearing 63\\ningman may have which cannot be brought out\\nbefore the arbitrators and the public if he is a\\nmember of a registered trade-union. For work-\\ningmen so organised there is no more refusal\\nto receive committees/ no more insistence upon\\ndealing with individuals/ no more talk from\\nthe co-working capitalists to them of my busi-\\nness.\\nWhen the member of the registered trade-\\nunion asks to be given some of the profits, there\\nis no more putting him off with sweeping state-\\nments that, The business would not stand any\\nincrease in wages/ statements which elsewhere\\nhave to be accepted because there are no means\\nof either challenging them or verifying them.\\nLoose allegations of that kind are not safe\\nbefore the Court of Arbitration, for it can com-\\npel the production of books and papers and the\\nattendance of witnesses to make them good.\\nPublic opinion in a dispute where a registered\\nunion of labour or capital is concerned, does not\\nhave to get its information from one-sided\\nnewspaper accounts of the grievances of either\\nemployers or employes.\\nFrom the first, through all its decisions, the\\nArbitration Court has given trade-unionists,\\nwherever possible, the right to be employed until\\nthey have all obtained work, before it permits\\nthe employment of non-unionists. Various rea-", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0083.jp2"}, "84": {"fulltext": "64 A Country Without Strikes\\nsons have at different times been given by the\\ncourt to sustain this policy. Besides the rea-\\nsons already mentioned, found in the wording\\nof the title of the law and in the custom of the\\ntrade, the courts have held that the advantages\\nwhich were procured by unions for their mem-\\nbers were obtained at some expense, and there-\\nfore it was but right, provided entrance to the\\nunion was not prohibited, that preference should\\nbe given to unionists, and if non-unionists\\nwould not pay the small fee and contributions\\nto entitle them to the advantages, they had no-\\nthing to complain of.\\nIn the iron moulders case the court expressed\\nthe opinion that both masters and men benefited\\nby the existence of the unions; that it was bet-\\nter for all parties to deal with bodies than with\\nindividuals.\\nIt is a curious phenomenon of antipodal pub-\\nlic opinion that America is being swept by waves\\nof opposition on one side of society to trade-\\nunions and of opposition on the other side to\\nunions of capitalists, while in New Zealand the\\npeople and the government favour the fullest or-\\nganisation of both.\\nThe first judge of the Arbitration Court,\\nthough a man of the highest character and un-\\nquestioned impartiality, still was so thoroughly\\nidentified socially with those who are not ex-", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0084.jp2"}, "85": {"fulltext": "The Tory Judge 6$\\npected to have much sympathy with the working\\nclasses, that the trade-unionists felt no little ap-\\nprehension as to what was to be expected of his\\ninterpretation of the law. But it was he who\\ninitiated this policy of preference, and estab-\\nlished it so firmly that it has never been de-\\nparted from. Though he was, in fact, what\\nsome called a Tory judge, and was feared\\ncorrespondingly by workingmen, he decided\\nnine times out of ten in favour of the men not,\\nhe said, because they were workingmen, but be-\\ncause they had the right of the case.\\nBut, though the Court of Arbitration gives a\\npreference to trade-unionists when it thinks that\\nthat is called for, it does not hesitate to withhold\\nit when the circumstances seem to make that the\\nproper course to pursue.\\nIn a dispute between a number of gold mining\\ncompanies w T hose employes were not well or-\\nganised, the court only directed that each of\\nthe companies shall not discriminate against\\nmembers of the union, and shall not, either di-\\nrectly or indirectly, do anything with a view to\\ninjuring the union.\\nAnd upon trade-unionists it laid the injunc-\\ntion, Members of the union shall work in har-\\nmony with non-union men.\\nIn another case where the Court of Arbitra-\\ntion did not find itself called upon to give the", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0085.jp2"}, "86": {"fulltext": "66 A Country Without Strikes\\npreference in employment to trade-unionists, it\\nstill recommended that the steamship owners be-\\nfore the court should allow union officials to go\\non board their vessels and consult with seamen\\nat reasonable times. But the court stated that\\nit did not intend that its recommendation\\nshould have the force of law, as the court did\\nnot consider that it had power to give a person\\nliberty to enter upon a steamship or other prop-\\nerty against the will of the owner.\\nIn another case, the court allowed the com-\\npany the option of employing non-union men,\\nbut specified that there was to be no preference\\nin their favour.\\nIn a case before the Conciliation Board in-\\nvolving the Bakers Union of Dunedin, the chair-\\nman of the board said that the ruling of the Ar-\\nbitration Court was understood to be that,\\nexcept under special circumstances, union men\\nshall get preference of employment. This shows\\nit to be the practice of the court to throw the\\nburden upon the employer of bringing forward\\nevidence to prove that in his case there were\\nspecial circumstances militating against such\\na preference.\\nThe act and its administration by the court for-\\ntifies the position of trade-unionists by allowing\\nthem to bring non-unionists in their trade before\\nthe court. They can summon the employers of", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0086.jp2"}, "87": {"fulltext": "The Benefit to Employers 6y\\nthese non-unionists, and by putting them under\\nthe same conditions as other employers of trade-\\nunionists, protect themselves from being under-\\ncut by their unorganised associates.\\nEmployers cannot escape the obligation to\\nemploy union men on union terms by discharg-\\ning their union hands and replacing them by\\nnon-unionists, for the court has decided that in\\nsuch cases it still has jurisdiction.\\nThis is one of the features of the act which\\nhas won the most favour with all sides, most of\\nall with employers, for it prevents them from\\nbeing ruined by the competitor who cuts wages\\nin order to cut prices.\\nThough giving a preference to unionists, the\\ncourt is careful to protect non-unionists who\\nare at work. Such a sentence as this occurs\\nfrequently in the decisions of the court\\nThis is not to interfere with the existing en-\\ngagements of non-members, whose present em-\\nployers may retain them in the same or other\\npositions.\\nNo one can read the decisions of the court and\\ndetect the slightest trace of anything like bias\\nfor or against either labour or capital.\\nThe court has taken some severe falls out\\nof trade-unions which have asked for preference\\nof employment for their members.\\nIn a case between the Wellington Seamen s", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0087.jp2"}, "88": {"fulltext": "68 A Country Without Strikes\\nUnion and the shipowners, the judge entirely\\nrefused to make the ruling which was asked by\\nthe seamen, that they should have the preference\\nin employment. The judge pointed out that the\\nunion did not dispute the fact that the ship-\\nowners had faithfully abided by the previous\\nruling of the court that they should not in any\\nway interfere with union men as such, or with\\nthe unions. That in itself, he said, was a very\\nstrong reason why matters should be left as they\\nwere, but he pointed out that there were other\\nreasons to be taken into account.\\nThe management and navigation of ships, he\\nsaid, stand, in many respects, on quite a differ-\\nent footing from the management of factories\\nor other ordinary businesses. Above all things,\\nit is necessary to have discipline on shipboard.\\nThose who follow a seafaring life must, to a\\ncertain extent, recognise that, like soldiers and\\nmen-of-war s-men, they must give up their\\nrights of individual action for the public benefit.\\nEvery order given by an officer must be unhesi-\\ntatingly obeyed, whether reasonable or unrea-\\nsonable, otherwise the lives and property of the\\npublic would be in danger.\\nOne of the facts in this case which had been\\nbrought out was that the company before the\\ncourt was on friendly terms with the seamen s\\nunion of another city, Dunedin, and to compel a", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0088.jp2"}, "89": {"fulltext": "Judges and Business 69\\nshipowner whose vessel plied between these two\\nports to give preference to the Wellington sea-\\nmen, the court pointed out might cause very un-\\npleasant and even dangerous complications.\\nHad a strong case been made out, he said, he\\nmight have had to try to get over it, but no such\\ncase has been made out. It had been urged that,\\nif this union did not secure preference for its\\nmembers, some of them, who were individually\\nselfish, might leave it, thinking they were not\\ngetting the value for their money.\\nBut the court held that that was no reason\\nwhatever for giving a preference, and added his\\nhope and belief that members of the union\\nwould be more manly, more far-seeing than they\\nhad been described to be in the presentation of\\nthis argument.\\nThis award gave the seamen a few conces-\\nsions and fixed the conditions of employment\\nfor both sides until August, 1901.\\nAnother case in which a trade-union asking\\npreference was handled severely by the court,\\nwas that of the engineers of Christchurch, and\\nit is worth giving in some detail, as it brings\\ninto clear view some interesting aspects of the\\noperation of compulsory arbitration, and illus-\\ntrates vividly the ability of judges, who know\\nnothing of business/ to see the practical points\\nof a complicated matter.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0089.jp2"}, "90": {"fulltext": "70 A Country Without Strikes\\nThe court refused the engineers of Christ-\\nchurch preference in employment, and empha-\\nsised its refusal by the unusual course of adding\\nto its award a special memorandum, giving its\\nreasons at great length to the trade and the\\npublic.\\nIt almost seems as if the court desired to\\nmake it conspicuous that it had no leanings to-\\nward the side of labour, though it was so fre-\\nquently deciding in its favour against capital.\\nHow far is this union, the court asked, really\\nrepresentative of the great body of men em-\\nployed in the trade affected\\nIts analysis of the figures of membership\\nshowed that the union demand is the demand\\nof seventeen or eighteen men out of one hun-\\ndred and fifty-one, to enforce their views upon\\nthe whole body.\\nThe number of men indirectly concerned was\\nvery large, not less than one thousand six hun-\\ndred and thirty, according to the government\\nreturns. The court declared that because it\\nwas so small a minority, and for other reasons\\nwhich it gave, it was compelled to the con-\\nclusion that the demand of the union was in-\\nimical to the interests of the majority of the\\nworkingmen.\\nOther claims made by the union were handled\\nwith equal severity. They asked that the hours", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0090.jp2"}, "91": {"fulltext": "Decisions Against the Men 71\\nbe limited to forty-four a week. This was re-\\nfused, as there was no evidence that such a\\nchange was wanted by any considerable num-\\nber of the men.\\nThe union asked that the maximum rates of\\nwages which skilled workingmen were earning\\nbe made the minimum wage, or the wage of\\nthe average worker. The effect of this would\\nbe, the judge said, to throw out of employment\\na large body of steady and deserving men who\\nare not sufficiently skilled to command the\\nhighest wage. The court said:\\nIt was not disputed on the part of the union\\nthat, if the advance demanded were conceded,\\nnumbers of men who were now earning a decent\\nlivelihood must necessarily quit their present\\nemployment, and the only answer to the ques-\\ntion as to what was to become of such men was\\na suggestion that they should go bushwhack-\\ning/ a suggestion which appears to me to im-\\nply not only very imperfect knowledge as to\\nwhat was involved in bushwhacking, but a very\\nimperfect conception of the rights of fellow-\\nworkmen.\\nAnother reason for not granting these and\\nother claims was that the employers would be\\nforced to raise the prices of their goods, such as\\nagricultural machinery, and this they could not\\nafford to do for they were working in compe-", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0091.jp2"}, "92": {"fulltext": "J2 A Country Without Strikes\\ntition not only with each other, but with other\\nsimilar establishments in other centres in the\\ncolony, and not only with these but also in com-\\npetition with importers. The concession of\\nthese demands would result in the speedy ex-\\ntinction of the agricultural implement manufac-\\nturing trade/\\nThe Court of Arbitration has often limited\\nthe number of apprentices at the request of the\\nunions, but in this case it would not do so.\\nThe main grounds, the court said, urged\\nin support of this claim are, first, that the trade\\nwill become over-manned unless the number of\\napprentices is limited and, second, that the ap-\\nprentices are not so well taught if their number\\nexceed those suggested.\\nBut in reply to this the court pointed out that,\\nup to the present time, though the number of\\napprentices has not been limited, the trade has\\nnot become over-manned. The reason is that\\nengineers are required in many other walks of\\nlife besides engineer shops, such as marine en-\\ngineers, refrigerating engineers, both at sea and\\non shore, etc. Engineers are also required in\\nall large factories where machinery is used.\\nThe engineering shops are necessarily the train-\\ning grounds for all these engineers, and the re-\\nsult has been that all the lads who have served\\ntheir apprenticeship in Christchurch and have", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0092.jp2"}, "93": {"fulltext": "Keeping the Door Open 73\\nlearned their trade, have had no difficulty in\\nfinding employment.\\nThe second point, that apprentices are not\\nwell taught, if there is a large number of them,\\nthe court found to fail equally with the other.\\nIt has been proved beyond a doubt, it said,\\nthat engineers trained in Christchurch shops\\nhave been able to hold their own with engi-\\nneers trained in Great Britain and elsewhere,\\nand that many of them have done remarkably\\nwell.\\nIt would require very special grounds, in\\nmy opinion, continued the judge, to justify an\\naward which would have the effect of closing\\nthe door to an employment which has so many\\noutlets, and which is justly popular with the\\nyouth of the colony.\\nHe then went on to point out a special ground\\nwhy a claim to limit the number of engineering\\napprentices should be more closely scrutinised in\\nChristchurch than elsewhere in the colony.\\nThere is, it seems, in Christchurch a school\\nof engineering attended by some ninety stu-\\ndents, all of whom require to have a practical\\nknowledge of their trade, and this they can only\\nacquire in the engineering shops in Christ-\\nchurch. It is not contested that this school does\\ngood work, and that it is a highly desirable in-\\nstitution, yet the result of conceding the union", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0093.jp2"}, "94": {"fulltext": "74 A Country Without Strikes\\ndemand in the matter would be to debar many\\nof the students from acquiring the practical\\nknowledge which is essential to them.\\nIn the truly practical spirit of our Anglo-\\nSaxon law, the judge took special pains to show\\nthat in this ruling he was considering only the\\nactual and special circumstances of the case be-\\nfore him, and was not establishing precedents\\nwhich could be indiscriminately applied.\\nI desire to guard myself, he said, from\\nseeming to lay down any rules as to when it\\nmay be proper to give such a privilege to the\\nmembers of the union, because I think that each\\ncase must stand upon its own merits, and the\\nclaim must in every case be carefully scrutin-\\nised.\\nThe Honourable John Rigg, one of the rep-\\nresentatives of labour in the Upper House of the\\nNew Zealand Parliament, in discussing this\\ndecision, said:\\nThose, I consider, are very good grounds\\nfor the decision, and we see here the absolute\\nimpartiality with which the disputes have been\\ndetermined.\\nThis decision indicated no change of heart in\\nthe Court of Arbitration and no apostasy to its\\nprinciple, as to the importance of trade-unions\\nnor their rights to a preference of employment\\nwhen the circumstances called for it.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0094.jp2"}, "95": {"fulltext": "Reinstating the Discharged j$\\nThe court continued after this decision as be-\\nfore to give preference to trade-unions. This\\nwas awarded in fact by the Board of Concilia-\\ntion and the Court of Arbitration to all the\\ntrade-unions in the same town of Christchurch,\\nin all the disputes which have come up since, and\\nthere have been a number of them the printers,\\nbakers, butchers, cooks, tinsmiths, sheet-iron\\nworkers, tailors, grocers, furniture makers.\\nHow far the court was from any bias against\\ntrade-unionism is shown in the case of a coal-\\nmining company w T hich had discharged three\\nmen because they were members of an industrial\\nunion the president, the secretary, and the son\\nof the secretary. Their union called the com-\\npany to account and the case was heard by the\\nCourt of Arbitration. The court awarded that\\nthe company should pay by way of damages to\\nthe union $283, which was the wages the men\\nhad lost, and should also pay the costs, amount-\\ning to $57.\\nThe court ordered the reinstatement of the\\nmen discharged for their unionism\\nThe employers, if so requested by any of\\nthem (the discharged men) within one week\\nfrom the making of this award, shall take them\\ninto their service in the same capacities they\\noccupied at the time of their dismissal.\\nThe Arbitration Court has gone so far as to", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0095.jp2"}, "96": {"fulltext": "j6 A Country Without Strikes\\nrecommend men who were not organised to\\nform unions.\\nSome range-makers wanted to be included in\\nan award in a dispute affecting some tinsmiths\\nand sheet-metal workers. In giving his de-\\ncision, the judge said that the court had come\\nto the conclusion that the range-makers could\\nnot come under the award. But at the same\\ntime, he continued, there was no reason why\\nthese men should not form a union of their\\nown, and then, if they had a grievance they\\ncould apply to the court to fix their wages.\\nWomen workers were intended by Mr.\\nReeves and Parliament to be given all the bene-\\nfits of the act, but they did not seem to consider\\nthemselves covered by its language. The act\\nsaid workmen, and the new spirit of inde-\\npendence which marks the sex in our century,\\napparently prompted them to ignore the act be-\\ncause it did not specially mention them.\\nTo meet this difficulty it was necessary to\\namend the bill the year after its passage. In\\noffering this amendment, the Minister of La-\\nbour, Mr. Reeves, said that it had been found\\nimpossible to persuade the women that work-\\nmen included work- women. They were under\\nthe impression that they were debarred from\\nregistering under the act because of the exclu-\\nsive use of this masculine word. He therefore", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0096.jp2"}, "97": {"fulltext": "Coaxing Women to Arbitrate yj\\nproposed to substitute for workmen the word\\nworkers. With this concession to the dignity\\nof their sex, the women workers have since\\nregistered freely, and have obtained important\\nadvantages, but especially in the clothing trade\\nas will be shown.\\nThere is much virtue, says Shakespeare, in\\nyour if/ There is much virtue in New Zea-\\nland in workman. This word is legally de-\\nfined in the land regulations of the colony as\\nmeaning any man or woman over twenty-one,\\nwho is engaged in any form of manual, cleri-\\ncal or other work for hire or reward, and is not\\nworth more than $750.\\nThis word is a straw which would suggest\\nat once to any one knowing the New Zealand\\ncharacter, that others than those ordinarily\\nknown as artisans or manual w r orkers would be\\nlikely to claim for themselves from the Arbitra-\\ntion Law the benefits of what it gives.\\nThis has been the case.\\nIn my morning paper at Christchurch, I read\\none day\\nThe employes in the grocery trade have re-\\ncently formed an industrial union, and during\\nthe past fortnight have submitted certain con-\\nditions tcr the employers. As, however, the\\ngreat body of them simply ignore the requests\\nof the union, some forty employers have been", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0097.jp2"}, "98": {"fulltext": "7$ A Country Without Strikes\\nincited to appear before the Board of Concilia-\\ntion of Thursday next, at 2 p. m.\\nAll classes of employes in the groceries had\\njoined in the organisation clerks, bookkeepers,\\norder collectors, head draymen and other dray-\\nmen.\\nThe decision of the Conciliation Board was in\\nfavour of the men on almost all points. The\\nboard recommended that the minimum or aver-\\nage wage for these men should be \u00c2\u00a32 5s.\\n($11.25) a week. It provided that those who\\nwere unable to earn the minimum could be still\\nemployed at lesser wages to be approved, if\\nnecessary, by the Conciliation Board.\\nThe award provided for extra pay for over-\\ntime at the rate of one shilling (twenty-five\\ncents) an hour, and all time worked on holidays\\nwas to be classed as overtime.\\nThe award also gave the members of the Can-\\nterbury Grocers Union preference of employ-\\nment over non-members/ with the usual\\nstipulation, provided that the members of the\\nunion are equally qualified with non-members\\nto perform the particular work required to be\\ndone, and are ready and willing to undertake it.\\nThe employers were required to give the sec-\\nretary of the union twenty-four hours notice\\nwhen they wanted additional clerks before they\\nwere allowed to engage any non-union men.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0098.jp2"}, "99": {"fulltext": "Clerks Ruled Out 79\\nBut the representative of the employers when\\nthis award was made announced that the gro-\\ncers would not accept it, and would compel their\\nmen to appeal to the Arbitration Court. There\\nthe point would be pressed by the employers\\nthat the grocery trade was not an industry,\\nand the clerks union could not therefore be\\nregistered under the Arbitration Act. In this\\nposition the employers claimed they were for-\\ntified by the best legal advice obtainable.\\nThey had made this point before the Board of\\nConciliation, but the board was unanimous in\\nits opinion that the clerks were properly before\\nthe court, and that the case must proceed. If\\nthe action of the Board of Conciliation had been\\nsustained by the appeal, and the objections of\\nthe employers overruled, other clerks and em-\\nployes of mercantile houses, and even of finan-\\ncial concerns, would have organised and claimed\\nthe protection of the act, for their wages and\\nterms of employment. The Arbitration Court,\\nhowever, reversed the decision of the Board of\\nConciliation, and held that an issue between the\\ngrocers and their assistants was not an indus-\\ntrial dispute within the meaning of the act.\\nBut it suggested that the union could ask the\\nSupreme Court for a mandamus to the Arbitra-\\ntion Court to hear the case.\\nOne of the leading papers of Christchurch", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0099.jp2"}, "100": {"fulltext": "80 A Country Without Strikes\\nin discussing this case said that, if the Arbitra-\\ntion Court did not sustain the right of the\\ngrocery clerks to take advantage of the act, the\\nlegislature would certainly amend it in their\\nfavour. In one way or the other, either by an\\ninterpretation by the Court of Arbitration which\\nwill admit clerks, etc., or by amendment of the\\nlaw, we may look to see drug clerks, grocery\\nemployes, in fact, all employes, including, very\\nlikely, domestic workers in the family and farm\\nlabourers, invited to enlist in the army of non-\\ncombatants. They are all workmen in the sense\\nwhich has been given that word officially by the\\nNew Zealand government in its land legislation.\\nPublic policy will see the same reasons for\\nthis universal inclusion of all men and women\\nwho receive hire as for the inclusion of one\\nclass. The Compulsory Arbitration law will\\nthen become a truly democratic measure, giving\\nits helping hand to all.\\nIt took a year for the grocers assistants to\\nget their case decided. This delay reveals one\\nof the practical defects of the operation of the\\nlaw. The President of the Arbitration Court\\nhaving other courts to sit in is slow in getting\\naround the colony, and there was consequently\\nfor many months no session of the court in\\nChristchurch. The awards of the Conciliation\\nBoard not being enforceable, its award in their", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0100.jp2"}, "101": {"fulltext": "The Defect in Procedure 81\\nfavour had for that length of time been of no\\npractical value to the clerks. The government\\nhas promised to remedy this difficulty by in-\\ncreasing the judicial force of the Arbitration\\nCourt.\\nBy its advance to include women as well as\\nmen, we see the New Zealand Arbitration Law\\ngrounding itself more firmly, step by step, in\\nthe life of the people, aggrandising itself as a\\ngood institution will do, constantly gaining a\\nlarger place and binding the citizens to itself\\nmore and more. During these six years of ex-\\nistence it has grown every day more important.\\nThere is no right without its duty. With\\nthis preference of employment which it gives\\ntrade-unionists, the Court of Arbitration lays\\nupon them corresponding obligations. A para-\\ngraph in the decision in favour of preference for\\nemployment for the painters of Christchurch\\nshows this.\\nThe union, the court says, is to keep in a\\nconvenient place, within one mile from the chief\\npost-office in Christchurch, a book of trade-\\nunionists out of employment, together with their\\nqualifications a note to be made when any of\\nthe workmen obtain employment. The execu-\\ntive of the union is to use their best endeavours\\nto verify all entries, and shall be answerable as\\nfor a breach of this award in case any entry", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0101.jp2"}, "102": {"fulltext": "82 A Country Without Strikes\\ntherein shall be wilfully false of their knowl-\\nedge, or in case they shall not have used reason-\\nable endeavours to verify the same. The book\\nis to be open between 8 a.m. and 5 p. m. to all\\nemployers. In case of the failure of the union\\naccurately to keep such book, the employers\\nshall be at liberty to employ other than members\\nof the union. Notice by advertisement in the\\nChristchurch morning papers is to be given of\\nthe place where such book is to be kept.\\nAnother thing the court demands of the\\ntrade-unions in return for this preference of em-\\nployment given them, is that they shall not be\\nmonopolies; they must be inclusive not ex-\\nclusive.\\nIn a case brought by some iron moulders, the\\njudge, in granting the union preference in em-\\nployment, said that, at the same time it was\\nopposed to granting anything which tended to\\nmake the union a close corporation. The court\\nhad, therefore, closely examined the rules of the\\nunion to see whether there was any provision\\nagainst the admission of men of sober habits\\nand good character, and it added the stipulation\\nthat before the trade-unions could be given a\\npreference for their members, they must not\\nprohibit the admission of such men.\\nOne reason for the very severe treatment\\ngiven the Christchurch engineers already spoken\\nof, was that the judge found that there were a", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0102.jp2"}, "103": {"fulltext": "No Labour Monopoly 83\\nlarge number of men employed in the district\\nwho were not only debarred from becoming\\nmembers of the union under its rules, but would,\\nunder the scheme proposed by the union, be de-\\nbarred from working in the trades in which they\\nare at present employed.\\nUnions which sought this advantage/ the\\njudge intimated, must be practically open to\\nevery person employed in the trade who desires\\nto join.\\nThis ruling of the court is in line with the\\ngeneral policy of the trade-unions, which, unlike\\nother monopolies, usually do their best to in-\\ncrease the number of monopolists. But this\\ncourt has made it easier for trade-unionists in\\nNew Zealand to live up to it than elsewhere by\\nthe establishment of the minimum wage.\\nIn every dispute the court fixes this minimum\\nor average wage. Its decisions carefully pro-\\nvide for superior, average, and inferior men.\\nNo one can be employed for less than the aver-\\nage, except, as has been already explained, men\\nnot competent to earn the average, and the rate\\npaid them must, if questioned, be sanctioned by\\nthe local Board of Conciliation.\\nIt is no matter to the trade-union, then, how\\nmany members it admits; there is no danger\\nthat the overcrowding will lead to lower wages,\\nfor the wages cannot be lowered.\\nThe object of the Arbitration law was to", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0103.jp2"}, "104": {"fulltext": "84 A Country Without Strikes\\nprevent strikes. These rulings of the Court of\\nArbitration make the institution also a powerful\\ninstrument in the mitigation of competition be-\\ntween workingmen, and in the maintenance of\\nhigher wages and a better standard of life.\\nOn the other side the law ameliorates com-\\npetition among the capitalists by preventing\\nthem from cutting wages in order to cut prices.\\nNot being allowed counsel in the Arbitration\\nCourt puts the workingmen on their mettle and\\nwill have a mighty educational influence upon\\nthem. As the visitor sees the presiding judge\\ndisciplining the representatives of the employers\\nand the men, he realises that this court is a\\nschool for grown-ups. The judge, despite\\nhimself, cannot sometimes help showing an irri-\\ntation which obviously has need of all the con-\\nsolation he can get from the reflection that his\\nschool is, perhaps, the most important one in\\nthe world.\\nIn one of the cases I attended, the judge had\\nfrequent occasion to caution the representative\\nof a union on his conduct of the evidence, and to\\nadvise him as to what he should not do. Finally,\\nhis Honour, in a state bordering on despair, ex-\\nclaimed\\nIt appears to me that so far as the proceed-\\nings of this court are concerned, the legal pro-\\nfession will have to be admitted. You, he said,", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0104.jp2"}, "105": {"fulltext": "A School for Grown-ups 85\\nto the union s advocate, are not conducting the\\nproceedings in an intelligible manner, and all I\\ncan get is inference.\\nThe educational influence of the court extends\\nto other matters than the modes of arguing the\\ncase and handling evidence.\\nAt a meeting of the Arbitration Court when\\na witness was being examined as to his average\\nearnings, his Honour said it was the duty of all\\ntrade-unionists to keep a proper account. If\\nthey did not want to do this for themselves, they\\nshould do it in the interests of their union and\\ntheir associates.\\nAnd on the same day an employer, called by\\nthe association of master-painters, in giving\\nhis evidence about wages and other matters,\\nfrequently used the phrase I think. The judge\\ninterrupted him to say that an employer keep-\\ning books should know, not think, and that\\nin such matters as these, he could take suppo-\\nsitions only for what they were worth.\\nMr. Reeves, in first presenting his bill, laid\\nstress on the great service that would be ren-\\ndered the community in the simple fact that it\\nwould keep industrial disputes free from passion.\\nAn instance of this occurred on the first day\\nof the session of the court at which I was present\\nat Christchurch.\\nOne of the advocates was putting questions", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0105.jp2"}, "106": {"fulltext": "86 A Country Without Strikes\\nin a style which certainly could not be consid-\\nered polite, but which there would have been\\nnone to repress in an old-time conference be-\\ntween masters and men. He was corrected by\\nthe judge, who said\\nI cannot allow insulting language or insult-\\ning questions to be used in this court. The pro-\\nceedings must be conducted with the same\\ndecorum as if I were in the Supreme Court, and\\nany one acting to the contrary will be excluded\\nfrom participating in the proceedings.\\nIn the presence of the presiding judge, a per-\\nson so important as the Judge of the Supreme\\nCourt, and a man who holds their destiny in his\\nhands, the contestants must behave themselves.\\nEvery student of his own and other people s\\nhuman nature knows how steadying a part it\\nplays in keeping his temper, to be obliged to\\nlook and act as if he were keeping it.\\nDiscussions between workingmen and their\\nemployers, carried on without such restraining\\ninfluences as are found in the Arbitration Court,\\noften ripen into most devastating disputes from\\nthe mere license given to an angry tongue.\\nThe point has been made that the arbitration\\nact as administered gives an unfair advantage\\nto the trade-unionists, and that this advantage\\ngoes to a very small minority, since only a slight\\nproportion of the workingmen in New Zealand,\\nas in Great Britain and the United States, are", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0106.jp2"}, "107": {"fulltext": "Agreements to Strike 87\\norganised. Even in Great Britain, the home\\nof trade-unionism, only about one sixth of the\\nmen are enrolled.\\nTo this extent the act does accentuate an in-\\nequality. But as any seven men can form a\\nunion in the trade, they need not endure this\\ndiscrimination a day longer than they them-\\nselves wish to.\\nThe only circumstances which would make it\\npossible that any industrial dispute in New Zea-\\nland should escape arbitration, would be the\\nentire absence of any organisation, either\\namong the masters or the men.\\nIf such a thing were conceivable as an agree-\\nment between the employers and the men not to\\ninvoke the courts, but to go on striking and\\nlocking out at their own sweet will, and should\\nagree for that purpose to refrain on both sides\\nfrom organisation, we should certainly have a\\ncase, but the only case in which there could be\\nno arbitration.\\nThe state has no independent power of its\\nown to investigate labour troubles, nor to move\\nto settle them of its own motion.\\nThe Minister of Labour, Mr. Reeves, in\\noffering his bill, declared himself to be in favour\\nof such initiative, but thought that the commu-\\nnity was not yet ripe to entrust the government\\nwith such power.\\nThe New Zealand law is so far altogether", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0107.jp2"}, "108": {"fulltext": "88 A Country Without Strikes\\nindividualistic. Persons can compel arbitra-\\ntion, but the people cannot. The protection of\\nthe public interests is for the present then en-\\ntrusted to the initiative of the aggrieved indi-\\nvidual, under the certainty that the class feeling\\nbetween labour and capital is strong enough to\\ninsure action. Trusts like those now coming\\ninto favour in England, such as that of the bed-\\nstead makers of Birmingham, in which the mas-\\nters and the men have united to fleece the public,\\nwould not be very promising subjects for com-\\npulsory arbitration.\\nThe organisation of capital and labour both\\ncould have no greater stimulant than compul-\\nsory arbitration, and for the trade-unions it has\\nthis special attraction: Beyond the collective\\nworkingman we can see the collective capitalist\\nin the trade-unions saving the funds they now\\nwaste in strikes for making contracts on their\\nown account, and for co-operative production,\\nhouse building, land owning and banking.\\nBy a late decision, January, 1900, the court\\nrules that if preference of employment is given\\ntrade-unionists they, on their side, must prefer\\nemployers who are organised in associations\\nrather than outsiders. The rule must work\\nboth ways. If organised labour asks prefer-\\nence, it must accord organised capital the same\\nadvantage.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0108.jp2"}, "109": {"fulltext": "CHAPTER IV.\\nA NEW SONG OF THE SHIRT.\\nIn replying to a gibe from the London\\nTimes, that the act does not inspire others\\nwith the satisfaction with which it is contem-\\nplated by its author/ Mr. Reeves wrote, in\\n1898:\\nAs for my satisfaction/ I am happy that\\nthe act has got to work and has done good ser-\\nvice during three years of use; especially am I\\nglad that it has helped the women workers.\\nThere is no chapter of the operation of this\\nnew institution which has a more fascinating\\nsocial interest than that which tells how it has\\nhelped the sewing women of New Zealand out\\nof the sweatshops, and, quite as important, how\\nit keeps them out.\\nThe clothing trade in all countries is a\\nhatchery for the foulest evils that haunt modern\\nindustry. Its workers are largely women and\\n89", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0109.jp2"}, "110": {"fulltext": "90 A Country Without Strikes\\nchildren, the most helpless of all. Many of\\nthem, supported at home, seek the occupation to\\nget a little something to add to the family re-\\nsources, and for pin money. They drag down\\nthe wages the cost of production of those\\nwho must live on what they make.\\nNo labour struggles are more deeply distress-\\ning to the public than the convulsive efforts\\nwhich are made every now and then, so ineffec-\\ntually, by the working girls and working women\\nof these trades, to escape from their starvation\\nwages and degrading conditions of employment.\\nThe conscience of the New Zealand public\\nwas swept about ten years ago by one of those\\nwaves of feeling which periodically arouses our\\npeople as well to a feverish interest and spas-\\nmodic attempts to find a remedy.\\nAt both ends of the colony, in Auckland and\\nWellington in the north, and in Dunedin and\\nother cities in the south, the workers, aided by\\nclergymen and other well-known citizens, and\\nthe newspapers, began to stir to put an end to\\nwhat was felt to be as much a danger as a\\nscandal.\\nIn Dunedin, the agitation began with the\\nshirt-makers w T ho were miserably sweated.\\nDunedin, as one of its senators said to me in\\ndescribing this movement, is a small town.\\nEverybody knows everybody else. It was well-", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0110.jp2"}, "111": {"fulltext": "Protection from Competitors 91\\nknown that the manufacturers had reduced\\nwages below the living point. It had become a\\npublic scandal. There was no difficulty in get-\\nting the parsons and the newspaper men to take\\nup the crusade against the sweatshops. The\\nnewspapers and the clergymen took the lead.\\nNow, Miss Whitehorn, the Secretary of the\\nTailoresses Union, assured me, Practically all\\nthe Dunedin tailoresses are organised/\\nIn this work, she said, The shirt-makers and\\nthe other working women had been assisted by\\nalmost all of the employers all but six or seven\\nwho helped them to organise.\\nOne of the most important uses of the Com-\\npulsory Arbitration Law, these manufacturers\\nare finding, she continued, is to give induce-\\nments to the workers to organise, and to bring the\\nminority of the masters into line. It is used in\\nsuch cases not against the employers as a whole,\\nbut against those of them who are irreconcil-\\nable. The majority of the manufacturers as\\nwell as the master tailors, those who run fac-\\ntories and those who have shops, favoured the\\norganisation, of their employes into trade-\\nunions, and even allowed the walking delegates\\nof the union to visit the shops and persuade the\\nworkers to join the unions.\\nThe shirt-makers and other factory clothing\\nworkers of the principal towns in the South Isl-", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0111.jp2"}, "112": {"fulltext": "92 A Country Without Strikes\\nand, Dunedin, Christchurch and Wellington,\\nare, in consequence of this movement and the\\nhelp of their employers, now working by a log\\na schedule of prices and conditions arranged at\\na voluntary conference in Wellington, in No-\\nvember, 1897, to run a year, afterwards re-\\nnewed for six months.\\nThe employers met us in this conference in\\nthe best spirit. They could not have been more\\nsociable. They took tea with us and did every-\\nthing they could to make us feel that they de-\\nsired to help us better our condition.\\nThis conference was very harmonious. The\\nmasters had to make some concessions and we\\nhad to make some. When this expires in May\\n1899, there will probably be a great struggle on\\naccount of the situation in Auckland. The\\nworkers there are miserably paid. We have\\nspent \u00c2\u00a3300 ($1500) in the effort to organise\\nthe shirt-makers and tailoresses of Auckland.\\nWe have sent some of our best leaders there.\\nWe sent some girls who were good organisers\\nprivately to work in the Auckland factories to\\nleaven the mass, but it was of no use. There\\nseems to be a most complete apathy among the\\nworkingmen and women there. There is, too,\\nsome trade jealousy, for the Auckland people\\nare afraid they may lose some of their busi-\\nness, as the character of the work done in the", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0112.jp2"}, "113": {"fulltext": "Failure of Conciliation 93\\nSouth Island is much superior to theirs. The\\nDunedin manufacturers would have a genuine\\ngrievance/ this working woman said, if asked\\nto pay higher wages than are paid by the Auck-\\nland manufacturers, who are their competitors.\\nWe shall see later how these fears that the\\npoor organisation of the workers of Auckland\\nmight threaten the welfare of the workers else-\\nwhere, were justified. On account of the dis-\\norganised condition of the Auckland operatives\\nand the intractability of some of the Auckland\\nemployers the private peace w T hich had been ar-\\nranged in the shirt-making and other factory\\nand clothing industries by voluntary effort\\nbroke down, when the agreement ran out in\\nMay, 1899, as the Secretary of the Dunedin\\ntailoresses had apprehended.\\nIt was the factory workers who were so suc-\\ncessful in Dunedin and Christchurch and Well-\\nington in arranging an agreement until May,\\n1899.\\nWhether because their conditions of employ-\\nment were not so deplorable, or whether for\\nsome other reason they did not receive the same\\npublic support, the girls and women employed\\nin the tailor shops of Dunedin and Wellington,\\nthough of a higher class industrially, did not\\nsucceed in holding their ground.\\nWhile their sisters, the shirt-makers, occupy-", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0113.jp2"}, "114": {"fulltext": "94 A Country Without Strikes\\ning a lower place in the trade, were enjoying\\npeace, under the terms of their private concili-\\nation, the tailoresses of the shops w T ere com-\\npelled to go to the Conciliation Board in April,\\n1898, in Wellington, and in March, 1899, m\\nDunedin.\\nThe board, in making its award, took occa-\\nsion to note that the difficulties it had en-\\ncountered in the case, which had been very\\nserious, had arisen not at all from any ill feel-\\ning or want of forbearance on either side be-\\ncause the manner in which the dispute had been\\nconducted was most praiseworthy but from\\ntechnical obstacles peculiar to the trade.\\nTo overcome this, they had made an adjourn-\\nment for a fortnight and had had an expert\\nfrom each side to assist them. All these efforts,\\nhowever, to get the parties closer to one an-\\nother failed.\\nAs the board did not award the Wellington\\ntailoresses the wages they felt they ought to\\nhave, their union decided to refuse to accept the\\naward of the Conciliation Board, and the matter\\nwent before the Court of Arbitration.\\nThe court, before undertaking to make a de-\\ncision of its own on the question, adjourned as\\nthe Conciliation Board had done, to see if a pri-\\nvate arrangement could not be made between\\nthe parties. This proved impossible, and, after", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0114.jp2"}, "115": {"fulltext": "Private Arbitration Fails 95\\nhearing evidence from both sides, the court\\nmade its award.\\nIn this it practically adopted the recommen-\\ndations of the Conciliation Board. The mini-\\nmum wage, for instance, for coat-makers was\\nput at \u00c2\u00a31 1 os. ($7.50), the figures fixed by the\\nConciliation Board; not so much as the work-\\ning women had asked for, \u00c2\u00a31 17s. 6d. ($9.37),\\nbut more than the masters had been willing to\\nconcede \u00c2\u00a31 5s. ($6.25).\\nThe Arbitration Court also reaffirmed the\\npreference of employment for members of the\\nunion, which had been strongly opposed by the\\nmaster tailors and, to put an end to sweating,\\nstipulated that all work must be done at the shop\\nof the employer.\\nThis award settled the conditions of the trade\\nfrom September, 1898, to September, 1900. As\\na result of this arbitration, Miss Whitehorn said,\\nWe are a lot better off than we were.\\nIn Dunedin, as in Wellington, the tailoresses\\nemployed in the merchant tailors shops were\\ncompelled to go to the Court of Arbitration,\\nwhile the shirt-makers were happily at peace as\\nthe result of their private negotiations with their\\nemployers.\\nThe Dunedin tailoresses were before the Court\\nof Arbitration while I was in Dunedin. Their\\nrepresentative, in his address to the court, gave", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0115.jp2"}, "116": {"fulltext": "96 A Country Without Strikes\\nan account of the past efforts of employers and\\nemployes to harmonise the trade, and of the new\\nconditions which had broken down their private\\npeace. The agreement which was made after\\n1892, between the employers and employed had\\nlasted, he said, for some years, a fact which\\nshowed the good feeling that existed, but things\\nhad now changed.\\nA large number of new firms had come in,\\nnew methods of business had been introduced,\\nmany of the old abuses prevalent before the in-\\nception of the union and its successful negoti-\\nation with the masters, such as sweating, low\\nwages and long hours were beginning to make\\nthemselves felt again.\\nBoth the members of the union and many of\\nthe more important employers had come to the\\njoint conclusion that, in the interest of both of\\nthem and of the public, a new settlement should\\nbe made, otherwise things would revert to the\\nunfortunate condition of ten years ago.\\nIn pursuance of this joint understanding, the\\nrepresentatives of the union and of their em-\\nployers, the Master Tailors Association, spent\\ntwelve months in holding meetings and con-\\nferring. As a result of these combined efforts,\\nthey had succeeded in preparing another log.\\nOut of forty-nine employers in Dunedin, forty-\\ntwo had signed this log as satisfactory to\\nthem. There were only seven who stood out.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0116.jp2"}, "117": {"fulltext": "An Unexpected By-Product 97\\nAn appeal was made to the Conciliation\\nBoard. This decided in favour of the agree-\\nment made by the union and the forty-two em-\\nployers, but the other seven remained obdurate,\\nand the Court of Arbitration had to be called\\nupon to make the decisive award.\\nOne of the by-products of arbitration made its\\nfirst appearance in this case. It indicates an un-\\nexpected use of arbitration, and shows the\\nbenefits that accrue to the community from com-\\npulsory publicity.\\nSome of the seven employers who would not\\ncome into line in the agreement, held out, as the\\nrepresentative of the working women showed\\nthe court, because this agreement would put an\\nend to a fraud which was being practised in\\ntheir shops on the public. They were in the\\nhabit of taking orders for clothing to be made\\naccording to measure, by first-class workers.\\nBut, as a matter of fact, they sent the order to\\na factory, to be made up by factory workers at\\nfactory prices, instead of sending it to their own\\ntailors and tailoresses. They pocketed the dif-\\nference of this fraud on their customers, or used\\nthe money they thus saved in cutting prices, to\\nthe detriment of competitors who honestly gave\\nthe customer what he paid for.\\nThe court put a summary stop to this sort of\\ndeception. In referring to this, the court said\\nin its decision", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0117.jp2"}, "118": {"fulltext": "98 A Country Without Strikes\\nAll bespoke work all goods made and sold\\nas tailor-made also any order in which there is\\na garment fitted on shall be done in the shop\\nof the employer and the court ordered that it\\nshould be paid for at shop and not factory\\nprices.\\nThe court drily remarked to the representa-\\ntives of this irreconcilable minority of the em-\\nployers that, They would have to come in under\\nthe same conditions with the other members of\\nthe trade, if they were going to continue in the\\ntailoring business.\\nThis incident shows us the Compulsory Arbi-\\ntration law working steadily as a force for hon-\\nesty in trade. It does so because of the publicity\\nir insures. The w r orkingmen know and often re-\\nsent the deceits they are compelled to perpetrate.\\nThese are often, as in this case, an injury to them\\nas well as the consumer for they are forced\\nto do inferior work at inferior prices or to see\\nwork they should do go to others as in this\\ncase.\\nThe open court-room of compulsory arbitra-\\ntion gives them a chance to let out the trade\\nsecret and protect both the public and them-\\nselves. Where there is an Arbitration Court,\\nmanufacturers will think twice before they make\\ncoffee with beans, sugar with glucose, or scamp\\nthe hidden side of their work, for their working-", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0118.jp2"}, "119": {"fulltext": "How to Bind New-comers 99\\nmen may some day come before the court and let\\nthe public into this awkward secret of my busi-\\nness.\\nThe decision of the court fixed the lowest\\nrate of wages to be paid to workers at \u00c2\u00a31 5s.\\n($6.25) a week. It limited the number of ap-\\nprentices to one to every three operatives. The\\nhours were fixed at forty-five in each week.\\nOvertime was to be paid for at the rate of time\\nand a quarter; and in case of piece-work, there\\nwas to be 2d. (4 cents) an hour extra. No ma-\\nchinist was to machine for more than thirteen\\nw r orkers, and the employers were required to\\nemploy competent members of the union in pre-\\nference to non-members.\\nNew difficulties are, of course, continually\\narising in the application of the procedure of\\ncompulsory arbitration to business competitors.\\nOne such difficulty arose in the case of the\\narbitration between the master tailors of Well-\\nington and their employes. Two of the firms\\nprotested against being bound by the award, on\\nthe ground that, as it fixed the conditions of\\nbusiness for two years, new-comers in the trade,\\nwho were not subject to the award, could com-\\npete against them on unfair terms, but the court\\nfound a way to meet this just objection.\\nIt directed that these objectors should be\\nbound by the agreement just as all the others in", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0119.jp2"}, "120": {"fulltext": "ioo A Country Without Strikes\\nthe trade were, but stipulated that the union,\\nif any new-comers appeared in the trade, who\\nattempted to under-cut the terms fixed in the\\ndecision, should take the necessary steps to\\ncompel them to do so, within fourteen days after\\nnotice.\\nIf the union fails, the decision continued,\\nto commence and carry out proceedings, or, if\\nin taking such proceedings, it shall be unable to\\ncompel such persons or firms to conform with\\nthe terms, then all of the employers were to be\\nreleased.\\nIn this way the court placed upon the union\\nthe burden of seeing that all employers, new-\\ncomers as well, were brought under the same\\nconditions. The workingmen could easily do\\nthis because, under the terms of the Arbitration\\nlaw, they can proceed against any employer.\\nJustice was thereby secured to all the em-\\nployers in the trade, and the initiative, in seeing\\nthat this was done and their own interests pro-\\ntected as well, was properly left to the trade-\\nunions, which had been the prime movers in re-\\nsorting to the Court of Arbitration.\\nIt is time now to turn to Auckland and the part\\nof marplot which it played in the prosperity of\\nthe women who sing the Song of the Shirt, as\\nthe secretary of the union foretold would happen.\\nThe ferment in the public conscience which had", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0120.jp2"}, "121": {"fulltext": "Leading Citizens Lead 101\\ndone so much for the women workers of Dun-\\nedin and Wellington, in 1892, began to work at\\nthe same time in Auckland.\\nThe Honourable W. T. Jennings, when the\\nAuckland shirt-makers and other clothing oper-\\natives came before the Conciliation Board in\\nNovember, 1897, made a statement of their\\nefforts for many years and of the assistance\\nwhich they had received.\\nThe movement in Auckland began a little\\nlater than that in Dunedin. How much need\\nthere was for it was abundantly shown by facts\\nwhich were brought to light in 1892. The rate\\nof pay was very low. Cases were discovered of\\nyoung women who had been years at the trade\\nand were fairly good workers, who received\\nonly 9s. ($2.25) a week. The evidence of the\\noperatives showed that the average was about\\n1 os. ($2.50) a week, and the hours for work\\nwere a good deal over ten.\\nA union was formed in 1892, but the manu-\\nfacturers fought it by discharging the leaders,\\nand, in fact, any of the operatives who could be\\nfound to be members.\\nThe knowledge of this intimidation and of\\nthe wretchedness out of which sprang this effort\\nof the shirt-makers to organise, led many of the\\nbest men and women in the community to come\\nto their help. A public meeting was held under", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0121.jp2"}, "122": {"fulltext": "102 A Country Without Strikes\\nthe auspices of the most influential citizens, and\\nthe then President of the Auckland Chamber of\\nCommerce, in his address declared it to be the\\nduty of every citizen to recognise the evils of\\nunder pay and intimidation, and to rise to the\\nduty of seeing that the weaker section of the\\ncommunity received protection.\\nAmong the other citizens who assisted this\\nmovement were a number of employers. Many\\nof them did so, said Mr. Jennings, believing\\nthat it would be conducive to better trade, and\\nwould also tend to counteract in a marked de-\\ngree the cutting practices that prevailed.\\nThere were many conferences between the\\nworking girls and their employers, but after\\nprotracted delays, the negotiations broke down,\\nand the trade reverted to the anarchy of preced-\\ning years.\\nBut after the Compulsory Arbitration law\\nwas passed, the working girls renewed their\\ncomplaints, the union was resuscitated, and ne-\\ngotiations with the manufacturers were re-\\nsumed.\\nAfter ten months hard work, a log, or\\nschedule of wages was prepared that was accept-\\nable to both employers and the union. There\\nwere, however, five employers who refused, like\\nthe minority of employers in Dunedin, to concur\\nin the log, and the Auckland Tailoresses", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0122.jp2"}, "123": {"fulltext": "Competition by Sweating 103\\nUnion, therefore, as a last resort submitted the\\nmatter to the Board of Conciliation.\\nIn stating their case to the Board of Concilia-\\ntion, their representative spoke as much in the\\nname of the manufacturers who had agreed to\\nthe new wages as in that of their employes.\\nIt is undoubtedly wrong, he said, that\\nhonourable and fair-dealing manufacturers\\nwho are prepared to pay a fair wage to their em-\\nployes should have to compete against others\\nwho are working their factories at a difference\\nof over thirty per cent, in the wages of their\\nwomen workers. There has not been any spirit\\nof antagonism in this matter. It is a battle\\nreally in behalf of those who are prepared to do\\nthe right thing and to keep down the extension\\nof the sweating system.\\nThe Secretary of the Union, Mrs. Hendre,\\nalso addressed the court, and emphasised the\\nfact that, in making this schedule of wages, they\\nhad been treated with consideration by many of\\nthe manufacturers, and that she therefore hoped\\nthis dispute would be amicably decided.\\nShe pointed out that the justice of the claims\\nmade by the union was proven by the fact that\\nthey had been conceded by a number of the\\nfirms.\\nWe are not asking even now, she said,\\nwhat the southern girls are getting.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0123.jp2"}, "124": {"fulltext": "104 A Country Without Strikes\\nThis co-operation of the better class of em-\\nployers with the employes was practically uni-\\nversal throughout the clothing trade, and I\\nfound it existing in many of the other trades.\\nSpeaking on this subject, the Honourable John\\nRigg said in the Upper House of the New Zea-\\nland Parliament:\\nThe employers see that where the conditions\\nof competition are on an equal basis, the com-\\npetition is a better one and a healthier one, and\\nfairer. They suffered more under the old state\\nof affairs where it was possible for a man to\\nsweat his employes, and by this means cut down\\nprices to such a stage that other employers could\\nnot follow him.\\nI know of instances where the employers are\\nworking now hand-in-glove with the unions for*\\nthe purpose of keeping up organisation and ar-\\nbitration. An agreement to that effect was\\narrived at between the Federated Tailoresses\\nand the Federated Employers, representing\\nDunedin, Christchurch and Wellington, and the\\nemployers are not only assisting the union in\\nmany matters, but especially in using their in-\\nfluence to get their employes to go into the\\nunions.\\nThe tailoresses were successful in their appeal\\nto the Conciliation Board, and its award seems\\nto have been accepted, as no further proceedings\\nappear to have been taken.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0124.jp2"}, "125": {"fulltext": "Wages Increased 105\\nThis award stipulated that the manufacturers\\nmust find employment for all competent mem-\\nbers of the trade-union before they gave work to\\nthose outside the union. The increase in pay\\nallowed the tailoresses in Auckland averaged\\nfifteen per cent.\\nA great lift was given by these efforts to a\\ntrade which had been as depressed in New Zea-\\nland as it is through the rest of the world.\\nBut the course of events at Auckland after\\nthis award expired was not so favourable. It\\njustified the fears of the secretary of the Dun-\\nedin tailoresses as to the effect upon her con-\\nstituency of the weakness of labour in Auck-\\nland. It also clearly exemplified the superiority\\nof a compulsory tribunal over voluntary concili-\\nation in assuring peace. In 1899, the Auck-\\nland tailoresses, coming again to a difference\\nwith their employers, did not go to the Court of\\nArbitration as before. After a long private\\nnegotiation, they and the employers agreed upon\\na log by themselves.\\nIn the report of this which appeared in the\\nAuckland papers of June 2, 1899, the members\\nof the union were described as jubilant because\\nseveral important increases had been obtained.\\nAs it has been accepted, the Auckland\\nNews said, by all parties concerned, there will\\nbe no necessity to go to the Board of Concilia-\\ntion.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0125.jp2"}, "126": {"fulltext": "106 A Country Without Strikes\\nBut signs soon showed that the workers\\nwould have done much better for themselves\\nand for their associates and the rest of the\\ncolony, if they had gone to the court instead of\\nattempting to make this private settlement. For\\nin it the shirt-makers and tailoresses of Auck-\\nland were clearly outgeneraled by their employ-\\ners. Before the Board of Conciliation they\\nhad secured preference of employment for\\ntrade-unionists, but, in this agreement by pri-\\nvate conciliation, the manufacturers bound\\nthemselves only not to discriminate against\\nmembers of the union.\\nThe Auckland employers were evidently\\nshrewdly advised, and, it is probably safe to\\nguess were acting in concert with the associated\\nmanufacturers of the rest of New Zealand. By\\nthus getting rid of the preference to trade-union-\\nists and obliging themselves only not to discrim-\\ninate against unions a very different thing\\nthey effected a breach in the defences of the\\norganised clothing workers of the colony.\\nThat this private settlement with the clothing\\nworkers of Auckland was but the first of a series\\nof manoeuvres to undo, at least in part, what\\nhad been accomplished in behalf of all the sew-\\ning women of New Zealand before the Board of\\nConciliation and Arbitration Court, appears\\nfrom subsequent developments which took place\\nimmediately.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0126.jp2"}, "127": {"fulltext": "Radical Employers 107\\nThe radicals among the employers in New\\nZealand are against trade-unions, first, last and\\nall the time, as they are in the rest of the world,\\nand they have always made their strongest\\nfight, both outside and inside the Arbitration\\nCourt, against the obligation to employ all the\\ntrade-unionists before they employed any non-\\nunionists.\\nHardly had the Auckland tailoresses made\\nthis settlement by private conciliation, in which\\nthey foolishly waived the preference for union-\\nists, than the manufacturers everywhere pro-\\nceeded to take advantage of it.\\nThe New Zealand Clothing Manufacturers\\nAssociation, representing the manufacturers of\\nthe whole colony, gave notice to the Board of\\nConciliation that its services were needed in an\\nindustrial dispute between themselves and the\\nFederated Tailoresses and other trade-unions in\\nthe clothing industry. They significantly sub-\\nmitted with this notice a copy of the new log\\nwhich had been just made by private agreement\\nin Auckland, as a basis upon which they desired\\na settlement of the dispute.\\nIt is evidently their intention to use the weak-\\nened position of the Auckland tailoresses as a\\nstandard of comparison by which to bring down\\nthe wages and conditions of employment of all\\nthe shirt-makers and clothing makers through-\\nout the entire colony. They will undoubtedly", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0127.jp2"}, "128": {"fulltext": "108 A Country Without Strikes\\nuse the surrender of the preference for unionists\\nby the Auckland working women as a precedent\\nto induce the court to take away the preference\\nfrom the workers in the rest of the country.\\nThis is one of the few cases in which asso-\\nciations of manufacturers have initiated arbitra-\\ntion proceedings. So far, in most of the suits,\\nthe manufacturers have been on the defensive\\nand the workingmen have been seeking the\\ncourt, but now, when the manufacturers see a\\npossibility of advantage for themselves, they are\\nquick to appeal to the Arbitration law for its\\nhelp.\\nThis retreat of the working women of Auck-\\nland, from their strongest line of defence\\nunionism and the ominousness of the instan-\\ntaneous appeal of the clothing manufacturers\\nof the entire colony to the Court of Arbitration\\nto make the same terms for all the shirt-makers\\nand other clothing workers as the Auckland\\nmanufacturers have made for those in Auck-\\nland, have roused the working women of the\\nsouthern cities to renewed efforts to retrieve the\\nsituation.\\nA circular comes to hand as I write, issued\\nby Miss Whitehorn, the secretary of the Dun-\\nedin branch of the tailoresses trade-unions of\\nNew Zealand. In this circular she says the\\ntailoresses of Wellington, Christchurch and", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0128.jp2"}, "129": {"fulltext": "An Amendment Needed 109\\nDunedin are threatened at the present time by\\ntheir employers with a reduction of their present\\nlow rate of wages on account of the keen compe-\\ntition of the Auckland manufacturers. The\\nDunedin Conciliation Board is reluctant to\\nlower the existing rates of wages, yet it feels\\nthat it cannot help doing so unless the Auck-\\nland manufacturers and operatives are dealt\\nwith in some way to equalise conditions north\\nand south.\\nMiss Whitehorn repeats what she said to me\\nwith regard to the efforts which her union has\\nbeen making for ten years to place Auckland on\\nthe same basis of wages as other parts of the\\ncolony, as they recognise it is only fair to all\\nconcerned that equal pay for equal work should\\nbe applied to all manufactured clothing in the\\ncolony, but unfortunately our efforts have\\nproved unavailing.\\nHer circular then goes on to show that the\\nArbitration Act in its present state does not give\\nany help in solving this difficulty. An import-\\nant amendment to the act is needed and this has\\ntherefore been drafted for the tailoresses of the\\nsouthern cities, and the representative of their\\ndistrict in Parliament has consented to introduce\\nit. It applies of course to all trades.\\nThe amendment provides that as soon as by\\nvoluntary or compulsory arbitration certain", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0129.jp2"}, "130": {"fulltext": "no A Country Without Strikes\\nterms have been established for a majority of\\nthe employers in any trade, these same terms\\nmay be made binding on all the rest in the trade\\nthroughout the colony.\\nThe effect of this amendment, if adopted, will\\nbe that, since the majority of the New Zealand\\nclothing trade have already, in Wellington,\\nDunedin, Christchurch, been brought into agree-\\nment with the tailoresses through the Court of\\nArbitration, the manufacturers of Auckland,\\nthough not members of this majority, can be\\ncompelled by the court to give their tailoresses\\nthe same pay and the same conditions as the\\nother manufacturers.\\nThis addition to the law will give the Court\\nof Arbitration power to enforce on the minority\\nterms acceptable to a majority. Thus the court\\ncan compel a minority of the employers in any\\nbusiness to accept and abide by the same terms\\nfor their working people as those agreed upon\\nby a majority of their competitors. Compul-\\nsory arbitration here, again, means government\\nby the majority. Under this majority rule, the\\nlowering of wages now imminent throughout\\nthe entire colony in the clothing trade, by such\\ntactics as those pursued by the minority of\\nAuckland manufacturers would be rendered im-\\npossible.\\nSince the act has been invoked in the clothing\\ntrades, nothing like the piteous and unavailing", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0130.jp2"}, "131": {"fulltext": "Still Warfare, but Humane 1 1 1\\nuprising which took place among the women\\nworkers in New York a year ago is possible in\\nNew Zealand. There have been, as we have\\nseen, continual differences in the trade, but there\\nhave been no strikes, and no need for them.\\nNone of the disturbances has taken on a more\\nviolent character than that which we can observe\\nin the proceedings of any reasonable debating\\nsociety. Higher wages, uniform terms, better\\nconditions, a cessation of throat-cutting compe-\\ntition have all been the beneficent results. This\\nis at least a humaner manner of warfare, even if\\nwe have to admit that it is still warfare.\\nEven if the plan of campaign of the Auckland\\nmanufacturers and their fellow members in the\\nmanufacturers association proves successful\\nand they are able to use the concessions weakly\\nmade by the operatives in Auckland, to take\\nfrom the sewing women of the whole country\\nsome of the gains won from the Arbitration\\nCourt, it will still remain true that the result of\\narbitration has been a great uplift in the condi-\\ntion of these distressed workers. The sweater\\nhas been sent to the right-about. He may yearn\\nas he will for the return of the good old times/\\nand for the music so sweet to his ears of the\\nSong of the Shirt as it used to be sung, but he\\nwill yearn in vain. In New Zealand the old\\nSong of the Shirt is a lost chord.\\nThe relations between employer and em-", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0131.jp2"}, "132": {"fulltext": "H2 A Country Without Strikes\\nployed are still those of contest. It is still a\\nbattle that might be to the strong, a race that\\nmight be to the swift; but the difference be-\\ntween the two kinds of struggle is the difference\\nbetween a fair fight in an open field and a\\nmassacre.\\nUnder the old procedure of the old Song of\\nthe Shirt, the members of the New Zealand\\nManufacturers Association, as soon as the\\nAuckland manufacturers had made the breach\\nwe have described in the ranks of the Auckland\\noperatives, would have cut down wages through-\\nout the rest of the colony, and would have\\nworsened the hours and the conditions of em-\\nployment at their own sweet will.\\nThe working women would have had the\\nchoice between starving rapidly and starving\\nslowly. Whether they struck or worked on,\\nthey would have to retreat from the room in the\\nsecond story to one in the attic or the cellar,\\nfrom a scanty table to one still scantier. They\\nwould have made their last stand where the vis-\\nitors of the poor find the sewing women singing\\ntheir song, with a cup of tea and a crust of\\nbread.\\nBut now, around the sewing women of New\\nZealand all the powers of government and so-\\nciety have drawn the protecting ring of the\\nstate. There are some printed pages, beginning", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0132.jp2"}, "133": {"fulltext": "As New Zealand Sings It 113\\nBe It Enacted, on the shelves of Parliament,\\nthere are a few men in a new court-room who\\nnow have to be reckoned with by the manufac-\\nturer before he can cut those wages and start\\nthe women on their way back to the tea and the\\ngarret and the crust.\\nNow he must come out before the public, and\\nin the presence of experts and judges, he must\\ntell why he would do these things. He cannot\\ndeceive the public with glowing accounts of the\\nimmense wages that his women make. What-\\never he ventures to assert on this subject, he\\nmust prove, and he must prove it before men\\naccustomed to weigh such statements, and who\\nknow all about the lies that figures can be made\\nto tell. And they will look at his books, too, if\\nthey think it best to do so in the interests of truth\\nand humanity.\\nMeanwhile, along with this inquiry in the new\\ncourt-room, the work goes on. The sew r ing\\nwoman stays where she is in the factory kept\\nclean and light and wholesome by the state, and\\nshe does not have to strike she cannot be locked\\nout; her work cannot be taken from her; her\\nwages cannot be cut down.\\nThis is the new Song of the Shirt,", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0133.jp2"}, "134": {"fulltext": "CHAPTER V.\\nTHIS LAW OF PARLIAMENT BECOMES A\\nLAW OF TRADE.\\nBy this time the observant reader will have\\nmade the discovery which I made a discovery\\nwhich will do more to explain the compulsory\\narbitration of New Zealand than all the contro-\\nversial matter he can find in the newspapers,\\nor in all the political economies. Compulsory\\narbitration has been a success in New Zealand\\nbecause the people wanted to arbitrate.\\nThe New Zealand people exhausted private\\neffort to establish arbitration as we have seen in\\nseveral trades. When they failed repeatedly in\\nthese private efforts and discovered that, though\\na majority wanted arbitration it was continually\\ndefeated by an intractable minority, they, as was\\nnatural, being also a democratic people, got ar-\\nbitration for themselves by the political instru-\\nment at hand in their democracy i. e., by a law.\\nLaw is the instrument through which de-\\nH4", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0134.jp2"}, "135": {"fulltext": "A Choice of Evils 115\\nmocracy equips a majority to maintain its wel-\\nfare against the attacks of an anti-social mi-\\nnority.\\nIt is, of course, an evil to need to have laws.\\nBut it is a greater evil to have an anti-social\\nminority knocking holes in the bottom of the\\nship. If the Tolstoians will abolish the scut-\\ntling minority, we will abolish the law based\\non force.\\nThis pre-disposition of the New Zealand peo-\\nple for arbitration argues a high intelligence and\\na high character and high political vigour the\\nintelligence to see the waste and inaccuracy of\\nbattle-field arbitration, the character that prefers\\nkinder and juster ways, and the virility to use\\ntheir votes to execute their will.\\nWe see in New Zealand, in case after case,\\nthat the New Zealanders are an arbitrating peo-\\nple. Arbitration was not sprung on them by\\ntheorists, or an innovating minority. The busi-\\nness men were moving in that direction, and, if\\nthey could have succeeded privately, they would\\nnot have had to have a law. The law was a suc-\\ncess with them simply because it expressed and\\neffectuated an opinion which the people had\\nalready formed. It satisfied a need of which\\nthey were already conscious.\\nA compulsory arbitration law for a people not\\nyet developed enough for the majority to seek to", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0135.jp2"}, "136": {"fulltext": "1 1 6 A Country Without Strikes\\narbitrate voluntarily, would be a folly. Equally,\\nto say that among a people where the majority\\nwanted to arbitrate, a compulsory arbitration\\nlaw would be unnecessary, is to contradict the\\nobvious fact that an unappeasable minority can,\\nunder the voluntary system, defeat arbitration,\\nand can do it, as Mr. Reeves said to the New\\nZealand Parliament, for generation after gener-\\nation. The compulsion is not needed for the\\npeople in such a case, but for the minority who\\nare defying and outraging the people.\\nHere the New Zealanders show themselves to\\nbe, as in many other things, of the newest\\nAnglo-Saxondom, for the Anglo-Saxon has\\nalways been a pioneer in arbitration, though he\\nstill fights too much.\\nThe only insuperable difficulties about com-\\npulsory arbitration have been the imaginary\\nones; all the real difficulties have been sur-\\nmounted one by one as they appeared. The\\ngreat bugbears of the disbelievers have been,\\nYou cannot make men work by act of Parlia-\\nment/ and You cannot fix prices by law.\\nI found the opponents of compulsory arbitra-\\ntion in New Zealand getting great comfort from\\nthe arguments against it which were furnished\\nby the London Times in a controversy then\\non between it and the Agent-General of the\\ncolony in London, Mr. Reeves, the author of the", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0136.jp2"}, "137": {"fulltext": "Not Satisfied but Content 1 1 7\\nlaw. A number of distinguished men took\\npart in the controversy, the Bishop of Hereford,\\nLord Monkswell, Lord Thring, and others well\\nknown in the English world of thought and ac-\\ntion, and an anonymous correspondent, R,\\nwhose communications were always given the\\nplace of honour by the Times, and who was well\\nunderstood to be Lord Rosebery. The articles\\nwere widely reprinted in the colony, and dis-\\ncussed everywhere.\\nThe subject came up one day in a group at\\nthe club in Wellington. One of the critics of\\nthe law quoted triumphantly from a letter of\\nLord Thring s.\\nIs it conceivable that at the close of the\\nnineteenth century either masters or men would\\nsubmit to such a tyrannical judicial interference\\nwith their liberty?\\nFor five years, replied one of the New Zea-\\nlanders, masters and men have been submitting.\\nThey may not be satisfied. Where anywhere\\nare there satisfied capitalists or labourers?\\nWhere is there an employer who would not like\\nto pay less, where the workingman who would\\nnot like to get more But they are all at work,\\nthough not satisfied. In New Zealand it is\\nproved that the Arbitration Court can make de-\\ncisions which both sides would rather accept\\nthan to quit, as they always have the right to do.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0137.jp2"}, "138": {"fulltext": "1 1 8 A Country Without Strikes\\nThe London Times, from which you get\\nthis remark of Lord Thring s, the speaker con-\\ntinued, says that, if a court makes an intol-\\nerable award, employers will close their doors.\\nIn this the Times is quite right. It is there-\\nfore the strongest possible commendation of the\\nact in its theory and practice that the employers\\ndo not close their doors, but keep on doing busi-\\nness and making money, and this, too, although\\nthe awards have almost all been against them.\\nWe all know that there have been numbers\\nof withdrawals from business in England on\\naccount of strikes. As a result of the strike of\\nthe Amalgamated Society of Engineers a year\\nago, some very important concerns that I know\\nof moved their works to Russia and Belgium\\nand other countries. There have been no such\\nwithdrawals from New Zealand on account of\\nthe tyranny of our Arbitration Court.\\nOur position in New Zealand is this Indus-\\ntry is a joint enterprise. We say to the capital-\\nists:\\nYou and the labourer and the consumer and\\nthe public are all interested. We the state\\nare the only agency known to society which can\\nprotect and harmonise all these interests, pro-\\nvided always that you cannot or will not har-\\nmonise yourselves. We cannot leave you to\\nsettle with each other in the old way, for that we", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0138.jp2"}, "139": {"fulltext": "The Capitalists do not Fly 1 1 9\\nknow by experience leads to strikes, devastation,\\nhate, and even bloodshed. In this world of\\ncapitalists, labourers, consumers, and citizens,\\nyou, the employing capitalists are a very small\\nminority. We don t propose to sacrifice you or\\ndo you any injustice, but, rest assured, neither\\ndo we intend to allow you to do us any wrong or\\ninjustice. You can stay in this business or go\\nout of it, as you choose. You can go into any\\nbusiness you prefer, but, if you stay in business\\nin New Zealand, you must settle your irreconcil-\\nable differences between yourselves and your\\nmen by reference to a disinterested arbiter, and\\nnot by strikes or lockouts. You can have an\\narbiter of your own, if you prefer, but an arbiter\\nyou must have, and we will furnish the arbiter,\\nif you do not find one for yourselves/\\nOf course, he went on, some of the capi-\\ntalists at first, as they always do, said they\\nwould leave the country, but our reply was\\nThose are the only terms on which you can\\ndo business in New Zealand. If you don t like\\nit, leave.\\nBut they did not leave. They stay, they ar-\\nbitrate, and they prosper.\\nA man prominent in labour matters here took\\nup another point in Lord Thring s letter.\\nIn the same article Lord Thring asks, he\\nsaid, Suppose one thousand men refused to", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0139.jp2"}, "140": {"fulltext": "i 20 A Country Without Strikes\\nobey an award and would not go to work on the\\nterms it prescribed, is it within the range of pos-\\nsibility that the court would be able to imprison\\nand fine one thousand men without producing\\nriots more injurious than the strike?\\nWe see the capitalists, the labour man said,\\nall over the world succeed in forcing the work-\\ningmen to go to work on terms unsatisfactory to\\nthem. Are we to suppose that the state is less\\npowerful than the capitalists And are not the\\nworkingmen more likely to obey a decision in!\\nthe making of w T hich they have been represented\\nthan in one made by the capitalists who would\\nnot receive their delegates, nor listen to a word\\nfrom their side The workingmen certainly\\nwould riot and smash things, if the decision\\nwere absolutely intolerable. In the last five\\nyears in Europe and America there have been\\nriots, arson, and even dynamite in consequence\\nof decisions forced on labour by capital, but no-\\nwhere has there been a breath of disturbance in\\nNew Zealand on account of any decision forced\\non labour by arbitration, and labour has had to\\nsubmit to some things from the Arbitration\\nCourt which it found very hard to accept.\\nIn the same conversation the London Spec-\\ntator was quoted as expressing the opinion\\nthat compulsory arbitration made slaves of the\\nworkingmen", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0140.jp2"}, "141": {"fulltext": "A Popular Slavery 121\\nIf wages are fixed by the external authority\\nof a court, the individual workman must accept\\nthem, that is, must become practically a slave\\nfor the benefit of the community.\\nThe workingman has no choice, in any case\\nwith or without arbitration/ his representative\\nretorted, but to accept wages that are fixed/\\nThe only practical question for him is, how are\\nthey to be fixed? In the world of strikes and\\nlockouts, he usually has to submit to wages fixed\\nby force, economic violence, which denies him\\nhearing, information, the right to organise, or\\neven recognition.\\nIn the case of arbitration he submits to a de-\\ncision given by the nearest approach to a disin-\\nterested outsider that human ingenuity can\\nprovide. The decision is based expressly upon\\nthe recognition of his equality of rights, and on\\nthe fullest examination by him and for him of\\nevery book, paper and person necessary for the\\ndiscovery of all the facts affecting his interest.\\nThe workingmen of New Zealand like that kind\\nof slavery. They are practically all registered,\\nand the employers like the same kind of slav-\\nery/ for the most important of them are regis-\\ntered under the law the shoe manufacturers,\\nthe clothing manufacturers, the great coal com-\\npanies, the steamship owners, and many others/\\nThe letters of R, whom everybody believed", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0141.jp2"}, "142": {"fulltext": "122 A Country Without Strikes\\nto be Lord Rosebery, came in for their share of\\nattention. R, speaking of what would hap-\\npen, if the court made a decision intolerable\\neither to workingmen or employer, had said\\nIn either case, the award is a dead letter the\\ncourt is impotent, and the law of the market is\\nsupreme, as it was in the beginning and ever\\nshall be.\\nA friend of Mr. Reeves who was present read\\nthe reply which Mr. Reeves had made to R in\\nthe Times.\\nWhy assume that the awards of a competent\\ntribunal will be intolerable to one side or the\\nother It is likely enough, nay, certain, that all\\nawards must be disagreeable to somebody, but\\nintolerable is a word which pre-supposes that\\nawards are likely to be made which will involve\\none side or the other in ruin, or drive it to des-\\nperation.\\nTo this he added the remark which Mr.\\nReeves made in answer to the same objection\\nwhen the bill was before Parliament.\\nThis court may be assumed to have common\\nsense and not to be composed of unreasonable\\nmadmen.\\nMoreover, Mr. Reeves friend continued,\\nthe law of arbitration has now become part of\\nthe law of the market/ The New Zealand\\ntheory is that a judge, skilled in the examin-", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0142.jp2"}, "143": {"fulltext": "The Better Judge 123\\nation of facts and in the disentanglement of con-\\ntroversies, assisted by experts from both sides,\\nand by additional experts if needed, can tell\\nbetter what the law of the market is than the\\nemployers or employes, drunk with greed, pas-\\nsion or stupidity. Compulsory arbitration does\\nnot attempt any interference with the law of\\nthe market. On the contrary, it gives the law\\nof the market for the first time a full chance to\\nwork. It brings the law of the market into\\nfull and free discussion. It offers experts who\\nknow the law of the market best on both sides\\nto tell all they know about it. It gives it pub-\\nlicity and debate. It is true the arbiter makes\\nthe decision, but a decision must be made any-\\nhow, and has been made heretofore in most\\ncases by the casting vote of suffering, selfish-\\nness, or passion. The casting vote of Judge\\nEdwards is better, we New Zealanders think.\\nThere was a senator present, one of the Lib-\\nerals, and a man who claimed to be a friend of\\nthe law, but he insisted that its compulsion\\nmade it odious, and he argued that public\\nopinion should be the only force behind the law.\\nOne of the most successful business men and\\nlarge employers in New Zealand said in reply to\\nhim:\\nThe compulsory feature of the law is a ne-\\ncessity, for it fixes the moral position of the", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0143.jp2"}, "144": {"fulltext": "124 A Country Without Strikes\\nparties, if they should either of them break\\nthrough the award. Our reliance that awards\\nwill not be unreasonable can safely rest upon\\nthe general common sense of the court and the\\npublic.\\nAnd the labour member said as to this point\\nAs for the force of public opinion, which\\nyou are so anxious to have as the only force be-\\nhind the award, we will agree to that as soon as\\npublic opinion is made the only force behind all\\nother laws, and no sooner.\\nThe labour member was a trifle bitter in pri-\\nvate conversation afterwards, in his comments\\nupon this liberal. He accused him of being one\\nof those who tried at the preceding session of\\nParliament, under the cover of friendship for\\nthe law, to cripple its most important provision,\\nnext to compulsory arbitration, that is, prefer-\\nence to trade-unions, by having the title\\namended so as to strike out the words, to en-\\ncourage the formation of industrial unions and\\nassociations.\\nThe amendment was made, but the court, as\\nI have explained elsewhere, continued in its\\npolicy of giving the trade-unions preference\\nwherever possible.\\nYou will not find opponents of the law like\\nhim, said the labour member, declaring them-\\nselves against its arbitration but only against its", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0144.jp2"}, "145": {"fulltext": "Compulsion Everywhere 125\\ncompulsion. All the enemies of the law, in\\nfact, avow themselves passionate devotees of\\narbitration, and all they ask is that the compul-\\nsion shall be stricken out of the law, so that they\\ncan give the world the magnificent spectacle of\\nvoluntary arbitration for which they yearn.\\nBut these same men refused arbitration when it\\nwas not compulsory. At the worst, the compul-\\nsion, we think, can do them no real harm, since\\nit only forces these devotees of arbitration to\\ndo what they profess to be willing to do without\\nthe law. If they had given us conciliation when\\nit was in their power, we would not have asked\\nfor compulsion.\\nIt is plain that the vast majority of the people\\nof New Zealand are not at all shocked by the\\ncompulsion on which so many changes are\\nrung by the opponents of the law. They re-\\ngard compulsion as a very proper instrument\\nto be used by democracy when it is necessary to\\nprotect the rights of the majority against the\\nminority.\\nWe cannot understand, was said to me,\\nwhy compulsion cannot be used to prevent eco-\\nnomic crime as well as any other crime, or to\\nrepel economic invasion of one class by another,\\nwhich is just the same thing, for all intents and\\npurposes, as the invasion of one country by\\nanother.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0145.jp2"}, "146": {"fulltext": "126 A Country Without Strikes\\nThe compulsion, too, is defended by citing the\\nprecedents given by the factory acts, the laws\\nfor the regulation of mining, sanitary conditions\\nand other labour matters, the regulation of rail-\\nroad rates in all civilised countries. In one of\\nthe cases before the Arbitration Court, the\\njudge said\\nThere is coercion in everything, and the only\\nquestion is, where is coercion to begin, and\\nwhere is it going to end. A man is not allowed\\nto ride his bicycle along the footpath; he is\\ncoerced into riding along the muddy road.\\nIn a debate in Parliament on the compulsory\\nfeature of the law, one of its defenders quoted\\nthe words of William Pitt, when speaking on\\nthe Arbitration Act of his day, which was an-\\nalogous in principle to the New Zealand law.\\nThe time will come when manufactures will\\nhave been so long established, the operatives not\\nhaving any other position to fill, that it will be\\nin the power of any one man in a town to reduce\\nwages and all the other manufacturers must fol-\\nlow. If ever it does arrive at this pitch, Parlia-\\nment, if it be not then sitting, ought to be called\\ntogether, and, if it cannot redress your griev-\\nances, its power is at an end. Tell me not that\\nParliament cannot. Its power is omnipotent\\nto protect.\\nIt is not a choice, one of the group said,", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0146.jp2"}, "147": {"fulltext": "Voluntary Compulsion 127\\nbetween compulsion and no compulsion; it is\\na choice between two kinds of compulsion, that\\nof a court, or that of labourers or capitalists,\\nresorting to what Mr. Reeves, in urging the bill,\\ncalled their sacred right of insurrection/\\nAfter all, urged another, the compulsion\\nis voluntary. The contestants are free to have\\ntheir own arbitrator, if they choose, but, if they\\nwill not choose one, the people will do it for\\nthem. Disinterested men can be found, and\\ndisinterested men can find the truth. By giving\\nthis duty of disinterested decision to a Judge of\\nthe Supreme Court, more honest, competent and\\njust than the average citizen, the state guaran-\\ntees that the decision by compulsory arbitration\\nwill be in the long run more advantageous to\\nthe warring parties than one made by them-\\nselves.\\nThe compulsion is not for the majority, but\\nfor the minority. The majority both of em-\\nployers and employes in many trades wanted to\\narbitrate, but they could not until this law was\\npassed, because the minority would not. As in\\nother laws so in this, compulsion is not for the\\ngood men, but for the bad men. Good citizens\\ndo not feel that they pay their taxes under com-\\npulsion, they are willing to pay, and they are\\nwilling to have a compulsory law on the statute\\nbook to compel not themselves, but the\\nshirkers.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0147.jp2"}, "148": {"fulltext": "128 A Country Without Strikes\\nThe gentlemen who were attacking the law,\\nhere changed to their other argument.\\nYou can t fix prices by law, neither prices\\nof labour nor of anything else.\\nAs a matter of fact, said the labour repre-\\nsentative, who had made a similar reply to the\\nsimilar argument about the impossibility of\\nmaking men work by law, the Arbitration\\nCourt does fix prices and fix them so that the\\nemployers are willing to pay them, and the\\nemployed are glad to receive them. But it is\\nnot really correct to say that this is a case of\\nwages fixed by law. The law does not fix the\\nprices. The price is fixed by the facts of the\\neconomic situation. By our tribunal, for the\\nfirst time in any civilised country, the facts of\\nthe case can be found, published, and, where\\nthere is a dispute, settled by an umpire whose\\ndecision all can trust. The law simply sees to it\\nthat the decision between conflicting claims as to\\nprices is made by discussion and disinterested-\\nness, and not by force, or fraud, or secrecy.\\nSuppose, said an American who was pres-\\nent, suppose the Court of Arbitration selected\\nby a boss should decide that a dollar and a half\\nfor twelve hours work a day was enough for\\nthe men, how would the workingmen like that?\\nHow do they like what they get now? was\\nthe answer of the New Zealander, forced to", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0148.jp2"}, "149": {"fulltext": "Fixing Prices 129\\nstrike as they are, with no chance of publicity,\\nand to submit to a decision backed by injunc-\\ntions, Pinkertons, and the military?\\nForce to compel a factory to run at a loss\\nwould be worth nothing. Force to compel a\\nprosperous manufacturer to reveal his prosperity\\nso that his workingmen may share his prosperity\\nis force that counts for a great deal, and that is\\nwhere the shoe pinches the men who want it all/\\nThe compulsion is not that the manufacturer\\nshall run, but that while he runs, he shall run\\njustly. Society certainly has the right to decree\\nand enforce this. There is no fixing wages by\\nlaw/ no compulsion, no interference, excepting\\nin one contingency. Masters and men are left\\nfree to make any agreement they choose; they\\ncan negotiate privately; trade-unions can be re-\\nfused recognition or not they can mediate their\\ndifferences by any form of voluntary concilia-\\ntion or arbitration they like; the employer can\\ngive up his business, the workingman can change\\nhis occupation. The state says nothing. But\\nthe moment one party attempts to force the\\nother, the State of New Zealand can be called in.\\nFixing by law is an odious phrase. How\\nabout fixing prices by the fiat of a corporation or\\na capitalist or by bayonets, or by starvation or\\nintimidation? Here, law means debate; the\\nlack of it means destruction for the men. The", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0149.jp2"}, "150": {"fulltext": "1 30 A Country Without Strikes\\nlaw does not dictate nor fix wages, but merely\\ndecides in a dispute between two different views\\nof what wages should be. Law fixes creditors\\nshares in bankruptcy, lowers Irish and Scotch\\nrents, fixes the price of ferries, railroads, the\\nsalaries of state officials, rate of taxation.\\nOur Arbitration Court simply determines\\nwhat is just between two parties under existing\\neconomic conditions. It does not attempt to\\ncreate or modify economic conditions. It does\\nnot try to compel either labour or capital to\\nwork, but it does try to prevent either from\\nthrowing upon the other all the burden of the\\nfluctuations in supply and demand. It will not\\nallow them to coerce each other by economic\\nforce either of labour or capital. If economic\\nconditions are such that the industry cannot be\\ncarried on by capital without ruin, or by labour\\nwithout starvation, the disputant who is in the\\nright can easily make the court see that. The\\ncourt simply does the best that can be done to\\neffect a proper distribution of the economic\\npressure on the two parties/\\nThe practical ability of the judges and the\\nconsideration they have shown for all sides have\\nhad a great deal to do with making compulsion\\nworkable. The judge, who kncws nothing\\nof business, sometimes proves to know more\\nthan the business man about his own business.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0150.jp2"}, "151": {"fulltext": "Judges of Business 131\\nIn one case of which I was told by a distin-\\nguished member of Parliament, a labour repre-\\nsentative who was the advocate for the men\\nbefore the court in a dispute between the tailors\\nand their employers, one of the latter declared\\nsolemnly that an advance of five per cent, in\\nwages would ruin him.\\nMy informant believes that in making this\\nstatement the employer was entirely honest.\\nThe decision of the court was in favour of the\\nmen, and the advance in wages given was con-\\nsiderably more than five per cent.\\nMeeting this employer some time afterwards,\\nthe labour member asked him how the award\\nhad affected him.\\nI believe, was his reply, it will work out\\nall right. We have reorganised our methods\\nand are getting along first-rate.\\nThe judges frequently take occasion to make\\nsuch remarks as Judge Edwards addressed to\\nthe iron moulders. He reminded this union\\nthat the condition of the trade had to be con-\\nsidered, for disaster to the masters would mean\\ndisaster to the workers.\\nAnd to me, Judge Edwards, in speaking of a de-\\ncision which he had rendered in the boot makers\\ncase, said that the wages had been fixed by the\\ncourt as high as they could be, but that they\\nwere still altogether too low. But, he said, the", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0151.jp2"}, "152": {"fulltext": "132 A Country Without Strikes\\ncourt could not fix the wages at a price that\\nwould ruin the industry.\\nIn one case the judge refused to shorten the\\nhours on Saturday, because that would cause\\ninconvenience to other trades.\\nThe Arbitration Law as administered by the\\njudges in New Zealand aims to play within liv-\\ning limits for both employers and employes.\\nIn another case the concession asked for by\\nthe employes was refused by the court because,\\nthe judge said, it would be an innovation/\\nSince the act has gone into operation at a time\\nof expanding industry and rising prices, the ap-\\nplications of the men for higher wages have\\nbeen uniformly granted, at least in part. But\\nthe court has shown itself quite able to discrim-\\ninate when discrimination was called for.\\nThe Consolidated Gold Fields Company low-\\nered the wages of its men from 10s. ($2.50) to\\n8s. 4d. ($2.08) a day. The miners held a meet-\\ning, discontinued work for three weeks, and\\nthen formed themselves into a union and re-\\nferred their case to the Conciliation Board.\\nPending its decision, they resumed their work\\nat 9s. ($2.25) a day.\\nThe case went on up to the Court of Arbitra-\\ntion. The judge decided that the reduction of\\nwages had been premature, but, looking to the\\nlarge amount of money that was being spent by", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0152.jp2"}, "153": {"fulltext": "Arbitration and Competition 133\\nthe company in prospecting and opening up new-\\nground, these being non-paying operations, he\\nruled that the miners should consent to take a\\nlower wage for a limited period-, after which\\nthey should be permitted to open the whole ques-\\ntion. Their wages were therefore fixed at 9s.\\n6d. ($2.37) a day temporarily.\\nIt has been the aim of the court wherever\\npossible in its awards to make conditions uni-\\nform for all parts of the colony for all the mem-\\nbers of the trade before it. The court did this\\nin the painting trade. In deciding a much more\\ndifficult case, that of the iron moulders of Well-\\nington, the court said\\nIt is not difficult to make conditions uniform\\nin such a trade as that of the painters, for they\\nare not in competition with those of distant\\ntowns. Increasing the wages of painters and\\nmaking them the same throughout the colony,\\ndoes not mean giving an advantage to a painter\\nin Auckland over one in Invercargill. In towns\\nwhere the wages w r ere raised to the level ruling\\nelsewhere, it means only that the person for\\nwhom the business was done had to pay a little\\nmore for it.\\nBut the firms in the moulding business, in the\\nvarious towns of the colony, are in sharp compe-\\ntition with each other. In fixing wages to be\\npaid the employes of the iron moulding firms of", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0153.jp2"}, "154": {"fulltext": "134 A Country Without Strikes\\nWellington, the judge said the court ought to be\\nvery careful not to cause an interference with\\ntrade, and drive it from one part of the colony\\nto the other, a possibility disastrous to em-\\nployers and employes alike.\\nThe decision fixed the wages of the Welling-\\nton iron moulders at 9s. ($2.25) a day, although\\nthe same class of employes were paid 10s.\\n($2.50) a day in Dunedin, and living and rent\\nwere cheaper there than in Wellington.\\nIt was no doubt a great misfortune, the court\\nsaid, that they could not take into consideration\\nall parts of the colony and fix a wage for all\\nnot necessarily the same wage, but one that\\nwould do justice to the workers, while not in-\\nflicting injustice on employers but all they could\\ndo in this case at present was to see that, while\\nthe men got a fair living wage, the masters were\\nnot injured.\\nThe court would have liked to see the Well-\\nington iron moulders paid the same wages as\\nthose in Dunedin, the judge said, but it was\\nplain they ought not to interfere with the pres-\\nent conditions as to the rate of wages which\\nseemed to be fair wages in Wellington for men\\nof that class. They made the award operative\\nfor a year only, as they had done in the com-\\npeting town of Christchurch a few weeks back.\\nThis was in the hope that during the year they\\nwould be able to consider the conditions of the", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0154.jp2"}, "155": {"fulltext": "Afraid of the Judges 135\\ntrade and their effect upon workingmen in each\\nbranch of the trade throughout the colony, and\\nperhaps make an arrangement on a basis which\\nwould give satisfaction all around.\\nAYhen I asked the workingmen of South Aus-\\ntralia why practically none of their unions had\\nregistered under the Arbitration Law of that\\ncolony, the reply was that they were afraid of\\nsome of their judges. The large number of\\nNew Zealand unions and business men s associ-\\nations that have organised to qualify themselves\\nto appear before the Arbitration Court shows\\nthat they have no fear of that kind.\\nOne of the benefits anticipated from the act\\nwas that the very fact that such a law was on the\\nstatute books would render appeals to it un-\\nnecessary. This has proved so. When both\\nemployers and employes know that either can\\nsummon the other before a tribunal which has\\nthe power to make a decision between them, and\\nto enforce it, they are likely to think twice be-\\nfore they insist on unreasonable demands. They\\nwill be careful about running the risk of being\\ninvolved in proceedings which will cause an ex-\\npensive waste of time and money.\\nThis news paragraph gives a significant hint\\nof how much surer is the footing of the men\\nwhen they ask for better terms with an Arbitra-\\ntion Law in the background than elsewhere\\nAt a meeting of the employes of the iron", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0155.jp2"}, "156": {"fulltext": "136 A Country Without Strikes\\ntrade in Auckland, a number of masters were\\nalso present. The workers demand shorter\\nhours, better wages, and the regulation of ap-\\nprentices. All the employers are to be invited\\nto consider the demands before application is\\nmade to the Conciliation Board.\\nItems like the following are not infrequent\\nin tine New Zealand newspapers.\\nThe furniture workers and employers have\\ncome to an agreement to extend the present\\naward for two years.\\nThis was the second time that such a settle-\\nment had been made in this trade, and similar\\noccurrences are continually taking place. These\\npeople having once been before the court were so\\nwell satisfied with the justice and reasonableness\\nof its decisions, that they renewed it voluntarily\\nwithout invoking its aid.\\nI was in Dunedin when an even pleasanter\\nincident brought into view one of the unex-\\npected uses of the new tribunal.\\nThe printing trade there as everywhere was\\nbeing revolutionised by a typesetting machine,\\nand the typographical union had sued their em-\\nployers, the two principal dailies, in the new\\ncourt. The men s case had to be thrown out\\nfor a fatal defect in their procedure, but, having\\ncome together, neither side liked the idea of\\nseparating with nothing accomplished.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0156.jp2"}, "157": {"fulltext": "Out of Court 137\\nAlthough the court could do nothing of-\\nficially, perhaps it would have no objection to\\nsee if it could do something unofficially\\nNo sooner said than done. The judge was\\nwilling and an informal conference was held\\nin which all joined. This friendly talk led to a\\nfurther meeting in the evening of a more de-\\nliberate character. This was attended by the\\njudge, the other members of the court, represen-\\ntatives of the typographical associations, and the\\nemployers. Judge Edwards presided, and the\\nOtago Daily Times of Dunedin says in its re-\\nport, gave some impartial and friendly counsel\\nto the parties to the dispute, urging them to\\nsettle their differences, if it were at all possible\\nfor them to do so. Employers and men ex-\\npressed their appreciation of the disinterested\\nservice rendered, in an unofficial way by the\\npresident of the court, and the result, after a\\nprotracted discussion, was the arranging of a\\nfurther meeting to be held to-day, which, there\\nis some reason to believe, will insure a settle-\\nment of the dispute.\\nThe adjourned meeting was held in the morn-\\ning, and the representatives of the newspapers\\nand the printers met, with full powers to come\\nto an agreement, if they could. After a short\\ndiscussion, an agreement was arrived at on the\\nsame terms as had been agreed to in Christ-", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0157.jp2"}, "158": {"fulltext": "138 A Country Without Strikes\\nchurch and Wellington, and, says the news-\\npaper\\nIt is felt that this amicable settlement is\\nlargely due to the kindly intervention of the\\njudge.\\nThe employers conceded one of the principal\\npoints of difference, that about men newly put\\nat work on machines probationers. It was\\nagreed that they should be paid full weekly\\nwages from the time of starting, \u00c2\u00a33 6s. ($16.50)\\nfor night work, and \u00c2\u00a33 ($15.00) for day work\\nof seven hours.\\nA sufficiently dramatic contrast to this picture\\nof amicable and uncostly compromise can be\\nfound in the strike which occurred a year or two\\nago in Chicago, in which all the daily news-\\npapers in the city suspended publication for sev-\\neral days.\\nNowhere is the conservatism of the people\\nand of the judges who have the Compulsory\\nArbitration law to administer better shown\\nthan in dealing with that part of the law which\\nrelates to penalties. This has been the last\\nchapter in the development of the administration\\nof the law, and the demonstration of the ability\\nand determination of the judges to enforce pen-\\nalties when necessary, has given the crowning\\ntouch to the stability and dignity of the court.\\nThe penalties for violation of an award were", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0158.jp2"}, "159": {"fulltext": "Enforcement of Penalties 139\\nobviously intended by the law as first passed to\\nbe fine or imprisonment, or both, but, through\\n.some defect in the drafting, the only penalty\\nwhich could be enforced was imprisonment.\\nUndoubtedly the fear of so harsh a punishment\\nhad its influence in keeping those subject to the\\naward in line, but the workingmen and their\\nfriends feared that some case of obduracy might\\none day occur which would have to be pun-\\nished, and that if anything so severe as com-\\nmittal to jail were inflicted for the breach of a\\nlaw so novel, there might be a revulsion of\\npublic opinion, and possibly all that had been\\nachieved might be overthrown.\\nBy common consent the law was so amended\\nthat fines as originally contemplated could be\\nlevied and enforced. That done, the judges\\nshow a firm hand in dealing with offenders.\\nIn deciding the case of the shoe manufactur-\\ners outside the manufacturers association which\\nhas been described in a preceding chapter, the\\ncourt fined them the sum of \u00c2\u00a35 ($25) each, to\\nbe paid to the union of their men as reimburse-\\nment of the expense to which they had been put\\nin bringing the employers before the court.\\nIn another case, two mining companies,\\nwhich had paid their men only 8s. 6d. ($2.12)\\na day, instead of 10s. ($2.50) a day, which had\\nbeen awarded by the court, were fined \u00c2\u00a325", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0159.jp2"}, "160": {"fulltext": "140 A Country Without Strikes\\n($125.00) each and ordered to pay the wages\\noriginally fixed by the court.\\nA master plumber was brought before the\\nArbitration Court and shown to have been guilty\\nof three breaches of an award given in the case\\nbetween him and his employes. He had not\\npaid the wages stipulated, he had employed\\nmore than the prescribed number of assistants,\\nand he had neglected to supply his workingmen\\nwith tools.\\nThe court took a serious view of the case. It\\nsaid that it had come to the conclusion that this\\nemployer had set out deliberately to disregard\\nits award he had continued to do so, even after\\nbis men had remonstrated with him; his pay-\\nment of less wages than prescribed was wilful;\\nhe had thus been able to enter into unfair com-\\npetition with other firms. Unless the awards of\\nthe court were to become a nullity, it said, a\\nsubstantial fine must be inflicted. When it\\ncould be proved that the persons evading an\\naward reaped pecuniary advantage thereby, the\\npenalty must, as nearly as possible, be figured to\\ndeprive them of that benefit.\\nThe penalty would therefore in this case, the\\nfirst offence, be fixed at \u00c2\u00a320 ($100). The sec-\\nond breach was found to be only a slight one,\\nand a penalty of 5s. ($1.25) was imposed for\\nthat. As to the supply of tools, the court found", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0160.jp2"}, "161": {"fulltext": "Cost of Disobedience 141\\nthat the journeymen obtained their tools only\\nwith very great difficulty. They were furnished\\nobviously in such a way as to drive them to buy-\\ning tools out of their pockets in order to retain\\ntheir employment. But the court, in view of the\\nfines already enforced, would take a merciful\\nview of this breach, it said, and impose a penalty\\nof only fi ($5).\\nBut the guilty man was also amerced in the\\npayment of \u00c2\u00a37 7s. ($36.75) costs, which he had\\nto reimburse to the union, and he had in addition\\nto this to pay the witnesses expenses and the\\ncourt fees. He was ordered to reimburse the\\nunion its costs, the court said, because the hear-\\ning of the case had occupied a whole day, and\\nthe defence had been wholly without merit.\\nBoth employers and workmen must understand,\\nit warned them, that when they occupied the\\ntime of the judge and arbitrators in hearing a\\nfrivolous defence or a frivolous claim, they\\nwould have to bear not only the penalty, but the\\ncosts.\\nA baker, who began work earlier than the\\nhour set by the court to govern the whole trade,\\nwas adjudged to have been guilty of a deliber-\\nate infringement, and called upon to pay what\\nthe judge described as a moderate penalty,\\n\u00c2\u00a310 ($50), besides all the costs.\\nBut when another baker was before the court,", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0161.jp2"}, "162": {"fulltext": "142 A Country Without Strikes\\nhe was dealt with very much more mercifully.\\nHe was shown to have been guilty of a persist-\\nent breach of the award, in beginning work\\nearlier than his competitors. But the bench\\nwould not inflict a very heavy fine, it said, partly\\nbecause he did not appear to be in a very large\\nway of business. His fine was therefore made\\n40s. ($10), but he was also compelled to pay all\\nthe costs and court fees.\\nSome of the workingmen in their applications\\nfor the infliction of penalty showed some indi-\\ncations of a vindictive spirit and a desire to get\\na snap judgment on their employers, but the\\ncourt was peremptory in rebuking and defeat-\\ning these attempts.\\nIn one of the disputes in the baking trade, the\\ncourt found that the employer had been un-\\ndoubtedly guilty of a breach, but it found also\\nthat the union had not begun proceedings\\nagainst him until some months after the occur-\\nrence, and had given him no notice whatever of\\nthe alleged breach of the award, and had made\\nno request of him for any explanation. The\\ncourt thought the course taken by the union sug-\\ngested rather an undue anxiety to get a case\\nagainst him than any dread of oppression on his\\npart. It declared itself satisfied that, if the em-\\nployer had been notified that the wage fixed by\\nthe award must be paid, or, if the union had", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0162.jp2"}, "163": {"fulltext": "No Room for Vindictiveness 143\\nrequested the payment of the amount, there\\nwould have been no necessity for the present\\nproceedings. However, as there had been a\\nbreach of the award, it felt itself bound to im-\\npose a penalty, for it was the duty of employers\\nto obey the provisions of the award, without\\nany request by their workingmen.\\nUnder these circumstances, a fine of 20s.\\n($5) and court costs will be sufficient to call the\\nattention of employers to the necessity of a strict\\nobservance on their part of the provisions of the\\naward, even though no mention of such provis-\\nions was made by the workingman, and even\\nthough the workingman may be a consenting\\nparty to the breach.\\nThe court lectured the representatives of the\\nunion severely on their conduct of these cases,\\nand told them that where they had reason to be-\\nlieve that any employer was not acting up to the\\nterms of an award, it was their duty before tak-\\ning steps to make him a party to quasi-criminal\\nproceedings, to endeavour to come to some\\namicable settlement with him. If the unions did\\nnot do this, they were not acting, the court told\\nthem, in the best interests of unionism.\\nSeveral similar cases to the one just described\\nhave been brought before the court, and it has\\nalways made the same ruling. Wherever it\\nfinds that the union has proceeded against an", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0163.jp2"}, "164": {"fulltext": "144 A Country Without Strikes\\nemployer without making any endeavour to\\ncome to an amicable understanding with him,\\nand without giving him any notice to discon-\\ntinue his objectionable practice, and with no\\nwarning that he was to be taken before the\\ncourt, it has imposed almost nominal penalties.\\nThe employers met the Arbitration Act at\\nfirst with a great deal of resistance, active and\\npassive. They refused to register under the act,\\nbut they found that this did not prevent them\\nfrom being called into court. They refused to\\nexercise their right of electing representatives\\nfor the Conciliation Boards and Courts of Arbi-\\ntration. The government thereupon exercised\\nits right to make elections for them. They re-\\nfused to appear before the court. Their cases\\nthen went by default.\\nOne of the members of Parliament, who was\\nalso a member of one of the Conciliation Boards,\\ntold me of a case in which a large corporation,\\nwhen summoned before the court, began pro-\\nceedings by dictating as to the methods of pro-\\ncedure to be followed. When they found that\\nthey could not have their own way, they declared\\nthat they would withdraw. They were there-\\nupon told that they could do so, if they chose,\\nbut that if they did, they would be in the same\\nposition as any other party before a court\\njudgment would go against them by default on", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0164.jp2"}, "165": {"fulltext": "One Fruit of Publicity 145\\nall points. They then decided to remain and\\nfight it out. They did so, and lost.\\nIn this case, notice was given to the company\\nthat they must produce either their books or a\\nsworn statement of certain particulars as to their\\nbusiness, which were needed to decide between\\nthem and their men. This ended the proceed-\\nings. To save themselves the production of\\ntheir books, they at once came to an agreement\\nwith their men. They have since renewed this\\nagreement without the intervention of the court.\\nOne of the important gold-mining companies\\nin New Zealand sought to escape the Court of\\nArbitration when summoned by its men by\\npleading that it was not subject to the jurisdic-\\ntion of the court.\\nOur company is registered in Britain and is\\nnot resident in New Zealand, the manager said.\\nBut the chairman put this argument aside.\\nAny one who is an employer in New Zealand\\ncan be made a party to these proceedings.\\nSome of the employers complained to me that\\nthey were compelled to go into court on trivial\\ngrounds, and that their time and that of the\\ncourt and the public money was thus wasted,\\nand the author of the law, in his book on New\\nZealand, The Long White Cloud, warns the\\ntrade-unions that they have shown a tendency\\nto make too frequent a use of it.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0165.jp2"}, "166": {"fulltext": "146 A Country Without Strikes\\nThe court has the power to dismiss trivial or\\nfrivolous cases and to put the costs on the of-\\nfender. Representatives of the masters are\\nmembers both of the Boards of Conciliation and\\nthe Court of Arbitration, and the masters them-\\nselves appear before them and can point out any\\ninstances of such litigation.\\nWe must deal with human nature as it is,\\none of the labour members said to me in dis-\\ncussing this objection. Which is better, to\\nleave the fools and mischief-makers to bring on\\nstrikes, or to bring on arbitration? Agitators\\nfoment disturbances to bring the masters before\\nthe court. It is suspected sometimes that even\\nmembers of the Conciliation Board, who are\\npaid for the number of days they sit, do the same\\nthing. But which is worse, that agitators\\nshould foment arbitration, or foment strikes\\nAnother objection often made is, that in con-\\nsequence of the law, industry is disturbed by\\nthe frequency of disputes; but when I looked\\ninto the number of cases before the court, I\\nfound that there had only been about fifty in\\nfive years, about one case a month.\\nThis, too, it is only fair to remember, is the\\nnumber of disputes at the beginning of the ad-\\nministration of the law. Every decision that\\nsettles questions makes precedents that will pre-\\nvent other disputes from being brought forward.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0166.jp2"}, "167": {"fulltext": "Two Cases in Four Years 147\\nThis point about the disturbance of industry\\nwas well met by Mr. Reeves in one of his letters\\nto the London Times, in the controversy\\nalready mentioned. An Auckland paper had\\nbeen quoted as authority for the complaint that\\nthe act kept the colony in a state of seething in-\\ndustrial ferment. Auckland, as Mr. Reeves\\npointed out in his reply, is a large and flourish-\\ning district, comprising about a fifth of New\\nZealand\\nBut how many disputes were there in the\\nAuckland district during the four years after the\\npassing of the act, that is, from October, 1894,\\nto October, 1898? Two! Two cases in four\\nyears\\nWhen the amending act of 1898 was before\\nthe Labour Bills Committee of Parliament, the\\nonly appearance against the bill was made by a\\nbusiness man who was an active leader in organ-\\nising associations of employers for the purpose\\nof protecting their interests in labour legislation\\nand similar matters. He is the president of one\\nof these associations called the Industrial Cor-\\nporation of New Zealand.\\nI got from him an interesting account of the\\nmethods pursued by his association in the Mari-\\ntime Strike of 1890. When the men, seeing\\nthat they were beaten, appealed to the govern-\\nment to intercede with the employers to meet", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0167.jp2"}, "168": {"fulltext": "148 A Country Without Strikes\\nthem, the government communicated with this\\nassociation, the Industrial Corporation. Tts\\nPresident, my informant, wired to all the\\nother employers associations in the country\\nthe answer they should make. This was in\\nsubstance uniform, to wit That they were sat-\\nisfied with things as they were. The wording\\nwas varied so as not to make it seem that they\\nwere all acting in concert, but the substance was\\nthe same. The men were defeated.\\nAs a representative of this Industrial Corpor-\\nation this gentleman appeared before the Labour\\nBills Committee, and his statement is printed in\\nits report among the parliamentary papers.\\nHis main points were: That the law was unjust\\nto the masters, because, while they had property\\nand could pay any penalty imposed, fines could\\nnot be enforced against the trade-unions since\\nthey had nothing. That the workingmen could\\nhave the law enforced against the employer, but\\nhe, in his turn, had no remedy against the em-\\nployes, if they chose to disobey the award. That\\nyou cannot compel men, labourers or capitalists,\\nto work by act of Parliament. That the em-\\nployers of New Zealand had to compete with\\nemployers in other countries, with Argentina,\\nfor example, in the export of meat to England,\\nwhere there were no arbitration laws to ham-\\nper their rivals. That the experience of Eng-", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0168.jp2"}, "169": {"fulltext": "These Infernal Bills 149\\nland proved that conciliation, not arbitration,\\nwas to be the potent factor in settling trade dis-\\nputes in the future. Finally, that New Zea-\\nland prosperity was declining; the poor were\\npoorer; there were \u00c2\u00a35,000,000 sterling ($25,-\\n000,000) lying idle in the banks; capital refused\\nto embark in new enterprises. In my opinion,\\nhe concluded, the unwise measures passed by\\nthe New Zealand Parliament are entirely re-\\nsponsible for this. These infernal bills/ he\\ncalled the Arbitration Acts.\\nThe labour men whom I questioned as to\\nwhether it was true that the awards could not\\nbe enforced against workingmen made replies\\nthat seemed conclusive. A very large propor-\\ntion of the trade-unionists in New Zealand own\\ntheir own homes, a larger proportion, perhaps,\\nthan in any other country. A penalty of \u00c2\u00a310\\n($50) could certainly be collected from such\\nmen. As to the argument that the provision\\nfor penalties was useless because no employer\\nwould be so cruel as to attempt to have $50\\nfines levied on recalcitrant workmen, the men\\nlaughed at this assumption of soft-heartedness\\nand pointed to the conduct of the employers in\\nNew South Wales in sending the leaders of\\nstrikes there to jail for years. Trade-unions\\nhave the power of collecting dues from their\\nmembers, which w T ould easily realise the maxi-", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0169.jp2"}, "170": {"fulltext": "150 A Country Without Strikes\\nmum penalty of \u00c2\u00a3500 ($2,500), that can be\\nlevied. The boot makers spent \u00c2\u00a36,000 ($30-\\n000) on one strike before the days of arbitra-\\ntion.\\nBesides, as one of the members of Parliament\\nsaid, the workingman who sets out to disobey an\\naward, will not only have to leave town, he will\\nhave to leave the district, for the award covers\\nthe whole of a district. He will often have to\\nleave the colony, for many of the awards are\\nmade to apply to the country at large.\\nThe same point applies to the manufacturer.\\nThe court, in making its decision, considers not\\nonly the conditions of the individual manufac-\\nturer, but those of the whole trade in the dis-\\ntrict, and, whenever possible, those of the whole\\ncolony.\\nTo the suggestion that men in collusion with\\nthe trade-union officials might quit work, but\\nreceive sick pay, or strike pay, the answer was\\nmade that many of the trade-unions had no sick\\nfunds, and as for strike pay they could not get\\nthat. Every cent of expenditure by a trade-\\nunion has to be reported to the registrar of the\\nfriendly societies. No expenditure is legal that\\nis not allowed by the rules of the society as\\nregistered. For any illegal expenditures, every\\nofficer of the union is personally liable.\\nOne change which the Industrial Corporation", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0170.jp2"}, "171": {"fulltext": "Independence of the Court 151\\nsought to have made in the law it obtained.\\nThis was that the words in the title to encour-\\nage the formation of industrial unions and asso-\\nciations should be stricken out. They wanted\\nthese eliminated to remove one ground on which\\nthe judges had given preference to trade-unions.\\nThey succeeded in getting the change made, but\\nit has not produced any effect upon the decisions\\nby the judges. The latest news in January,\\n1900, is that this association and other organisa-\\ntions of employers are to take this sore point to\\nthe Supreme Court to obtain a decision forbid-\\nding the Arbitration Court to continue its pref-\\nerence to trade-unionists. The friends of\\narbitration hope this appeal to the Supreme\\nCourt to interfere, will be ineffectual in view of\\nthe explicit language of the act already referred\\nto, making the Arbitration Court independent of\\nthe other courts: No award or proceeding of\\nthe Court shall be liable to be challenged, ap-\\npealed against, reviewed, quashed, or called in\\nquestion by any Court of Judicature on any ac-\\ncount whatsoever.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0171.jp2"}, "172": {"fulltext": "CHAPTER VI.\\nWHAT IT COSTS AND WHAT IT PAYS.\\nThe total cost of the administration of the\\nArbitration and Conciliation Act during 1898-9\\nwas \u00c2\u00a31,359 ($6,795). O f this the Arbitration\\nCourt was responsible for \u00c2\u00a3656 ($3,280), the\\nConciliation Board \u00c2\u00a3734 ($3,670), and the\\nlegal expenses were \u00c2\u00a312 ($60). The total cost\\nto November 1, 1899 four years has been\\n\u00c2\u00a34,400 ($22,000).\\nWhat did the country get for this expen-\\nditure\\nThe only country in the world where for four\\nyears there have been no strikes or lockouts, is\\nthe only country where there is a compulsory\\narbitration law, New Zealand, and New Zealand\\nis to-day more prosperous than it ever has been\\nbefore, and is, as far as my observation goes,\\nthe most prosperous country in the world.\\nThe Otago Daily Times, the leading oppo-\\nsition paper in the colony, said last year\\n152", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0172.jp2"}, "173": {"fulltext": "An Official Opinion 153\\nIt cannot be even plausibly urged that the\\neffect of the Conciliation and Arbitration Act\\nhas so far been injurious or damaging.\\nThe Wellington Times says\\nThe result has been a great spread of indus-\\ntrial peace.\\nIn the report recently submitted to the Vic-\\ntorian government by the Honourable R. W.\\nBest, its Minister for Lands, of a tour of inves-\\ntigation made by him in New Zealand to study\\nits land and labour laws, he quotes the following\\nto show how some of the principal employers\\nregard the act\\nSpeaking at a special meeting of the Dunedin\\nChamber of Commerce, on October 19, 1897, to\\nconsider certain bills then before Parliament,\\nMr. James Mills, Managing Director of the\\nUnion Steamship Company, and one of the\\nlargest employers of labour in New Zealand, is\\nreported by the Otago Daily Times to have\\nsaid that personally he thought the Conciliation\\nand Arbitration Act was a very beneficial one\\nand one of the most important that had been\\npassed, and he felt that they were under a debt\\nof gratitude to the present government and Mr.\\nReeves for maturing the bill in its present shape.\\nProbably the measure was capable of improve-\\nment, and it would be improved from time to\\ntime, but he was sure that compulsory arbitra-", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0173.jp2"}, "174": {"fulltext": "154 A Country Without Strikes\\ntion was the true solution of all labour difficul-\\nties/\\nIn an address by the Right Honourable\\nRichard J. Seddon, the Premier of New Zea-\\nland, at a representative gathering of London\\ncapitalists interested in the mining industry, one\\nof the strongest points which the Premier made\\nto encourage the investment of English capital\\nin New Zealand mines, was the stability given\\nto business enterprise by the Arbitration Law.\\nWith us, he said, a strike of the miners is\\nimpossible, as it is also impossible for the owner\\nof the mine to shut down. That is a condition\\nof things which does not prevail anywhere else.\\nThere is a safeguard for you. The result has\\nbeen this, that even the employers, who were the\\nfirst to object to that legislation, are to-day the\\nstrongest in favour of it, because where they\\nhave strikes of any kind where there is a large\\namount of capital invested, the effect of that\\ncapital being laid up for weeks, and exactions\\nbeing demanded which that capital could not\\nbear, would be as disastrous as it would be to\\nour mining. The law, as it stands now, has\\nprevented disputes, which, if there had been an\\nindustrial struggle, must have meant a loss of\\nabout a million of money to us as a small com-\\nmunity, whereas, the whole cost of the proceed-\\nings, and the whole thing summed up, would not\\namount to \u00c2\u00a31,000.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0174.jp2"}, "175": {"fulltext": "When Wages Fall 155\\nThere is a growing tendency in the later\\ncases towards the admission of lawyers, and to\\na narrower interpretation of its powers by the\\ncourt itself.\\nBesides the grocers, the court has in 1900\\nexcluded street-car men and livery stable em-\\nployes as not engaged in industrial pursuits.\\nThe drift of the reasoning of the court ap-\\npears to be that no occupations are industrial\\nexcept manufacturing.\\nThe workingmen have appealed to govern-\\nment to introduce legislation as soon as Parlia-\\nment opens to safe-guard the act from such\\nhostile interpretation.\\nThis reasoning of the court would also ex-\\nclude seamen; and yet the act was expressly\\npassed to make a recurrence of the disastrous\\nMaritime Strike of 1890 impossible.\\nCommon-sense, the New Zealand critics of\\nthese decisions say, would seem to insist that\\nwhere strikes are, there is the field of the law.\\nThe stability which arbitration gives to busi-\\nness contracts in New Zealand is unknown, as\\nits Premier said, to any other business men in\\nthe world. After an award, the New Zealand\\nbusiness man can make his contracts for one or\\ntwo years ahead, with no fear of any labour\\ntroubles.\\nThe law is, as one of the labour members in\\nthe Upper House admitted, a two-edged sword.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0175.jp2"}, "176": {"fulltext": "156 A Country Without Strikes\\nIt has been cutting in favour of the workingmen\\nin the present rising market it will cut in favour\\nof the employers in the falling market which\\nmust come.\\nOne of the most successful employers and\\ncapitalists in the country described to me the\\nsituation of the employer under compulsory ar-\\nbitration as one of perfect comfort.\\nUnder the old system, he said, our differ-\\nences with our men had to be settled by a brutal\\nfight. Now two committees meet before the\\ncourt, and meanwhile the industry goes on just\\nas if nothing were the matter.\\nHe quoted to me the manager of one of the\\nlargest coal companies in the colony as declaring\\nto him that, although he had always been op-\\nposed to the present ministry, he had to admit\\nthat this law was a magnificent thing for any\\nstatesman to have done for his country.\\nWe know now just what to count on, he\\nsaid.\\nThis testimony added to that just given from\\none of the largest steamship companies, and the\\nattitude of the majority of the manufacturers in\\nthe shoe trade, furniture trade, and the clothing\\ntrade among the most important industries of\\nNew Zealand show how favourable the most\\ninfluential manufacturers of New Zealand are\\nto compulsory arbitration.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0176.jp2"}, "177": {"fulltext": "Compulsion Means Peace 157\\nI heard of no case in which an employer had\\nbeen crippled, or an industry hurt, by an award.\\nThat there have been no intolerable decisions\\nmay be fairly inferred from the fact that all the\\nawards have been obeyed, and that in only a\\nvery few cases have penalties had to be laid, and\\nthese have always sufficed to end the trouble.\\nWhen the Arbitration law was before Parlia-\\nment, one of the leaders of the opposition pre-\\ndicted that it would cause disturbances in our\\nindustrial world which it would be powerless to\\ncontrol.\\nAs a matter of fact, the number of disturb-\\nances which have occurred have been limited to\\na little less than one a month, and the disturb-\\nances have only been debates before the court.\\nFive years of complete peace is worth some-\\nthing.\\nThe London Times and its correspondent,\\nR, united in the declaration that a compul-\\nsory arbitration court has no more power to\\nprevent industrial war than an arbitrator mutu-\\nally chosen under the English system.\\nUnder the New Zealand system industrial\\nwar has ceased. Under the English system it\\ncontinues unabated.\\nThe opinion of the working people is pro-\\nnounced in favour of the law. Nearly every\\ntrade-union in the colony has registered, and", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0177.jp2"}, "178": {"fulltext": "158 A Country Without Strikes\\nmany trades that were unorganised have formed\\nthemselves into unions to secure its benefits.\\nAt a recent conference of representatives of\\nthe trade and labour bodies of the colony held in\\nChristchurch, April, 1899, every proposal for an\\namendment of the Arbitration Act was voted\\ndown, except one in favour of having the em-\\nployes of the government admitted to its\\nbenefits.\\nMore conclusive even than the opinions of\\nleading business men and trade-union conven-\\ntions, and the principal journals of the colony,\\nand more representative of the opinion of the\\ncommunity as a whole, is the attitude which\\nParliament has come to take with regard to the\\nCompulsory Arbitration law. It has already\\nbeen told how the fierce opposition with which\\nthe first project of the law was met in 1892, had\\nmost of it disappeared as the result of three\\nyears consideration when the bill came to be\\npassed in 1894, and how the bill received the\\nsupport of the leaders of the opposition.\\nThe operation of the law has brought it into\\nincreasing favour. The act was amended in\\n1896, and again in 1898, and the records of Par-\\nliament show that in both cases the amending\\nacts went through without material opposition,\\nor hostile debate.\\nThe amending act of 1898 was an especially", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0178.jp2"}, "179": {"fulltext": "Parliament Almost Unanimous 159\\nimportant one, and one which should have\\naroused whatever latent opposition there may\\nhave been, for its purpose was to effectuate the\\ncompulsion by making the provisions for\\npenalties in case of disobedience enforceable.\\nBy this time, 1898, the act had been in active\\noperation for over two years. If there had been\\nany deep feeling against the law, if real harm\\nwas being done to business, if any poignant\\npain was being caused to the lovers of liberty\\nand freedom of contract, it should certainly\\nhave found expression at that opportunity. But\\nthere was none. Mr. Reeves described w T hat\\nhappened in one of his letters to the London\\nTimes, in December, 1898:\\nOnly last month a friendly amending act,\\nmeant to clear up and emphasise certain sections\\nof the act, and cure a legal flaw supposed to have\\nbeen found in it, was passed through the House\\nof Representatives absolutely without any kind\\nof opposition; yet the session was, perhaps, the\\nstormiest and most contentious held in the\\ncolony in recent years. This act, somewhat\\nmodified, passed the Upper House. No other\\ngovernment labour bill did.\\nThe prosperity of the country is incontestable.\\nEvery year, since 1894, manufactures and all\\nindustries have been increasing. The statistics\\nof deposits in the banks, of the receipts through", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0179.jp2"}, "180": {"fulltext": "160 A Country Without Strikes\\nthe custom-houses, of the accumulation of\\nwealth, the business of the railroads, the settle-\\nment of land and the growth of population, the\\ntransactions of the post-office, have all revealed\\na steady improvement. Capital has not fled the\\ncountry, but is glad to remain among the wing-\\nless birds for which New Zealand is famous.\\nNearly every New Zealand newspaper reports\\nsome new enterprise undertaken by capital, do-\\nmestic or foreign. Friends of the law did not\\nclaim to me that it had caused this prosperity,\\nbut they pointed out that it completely disproved\\nthe predictions that ruin would follow it.\\nArbitration without compulsion is a sham,\\nwas the conclusion which Mr. Reeves drew from\\nthe studies which he had made of the experi-\\nments of other countries, in presenting his bill\\nto Parliament.\\nThe same conclusion is reached in an interest-\\ning tract on State Arbitration and the Living\\nWage, issued by the Fabian Society of Eng-\\nland, which I found being widely read in New\\nZealand.\\nVoluntary arbitration, it says, can be\\nsummed up as a universal failure.\\nA very remarkable illustration of this is fur-\\nnished by the condition of things in Denmark at\\nthis writing. To break up the building trades\\norganisations, the masters and builders locked\\nout forty thousand men, one half of the working", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0180.jp2"}, "181": {"fulltext": "Conciliation Fails 161\\npopulation of Denmark as many for Denmark\\nas five millions would have been in Great Brit-\\nain. The majority of the press, many of the\\nclergymen and leading citizens have sided with\\nthe men. Public opinion was overwhelmingly\\non their side.\\nThere is in Denmark an industrial arbitration\\ncourt. It was established at the suggestion of\\nthe employers, with the consent of the trade-\\nunions. Its judgment was invoked in this\\ncrisis, and its decision was for the men and\\nagainst the masters. But it has no power to\\nenforce its award, and the masters have treated\\nits decision with complete contempt.\\nThe paper of the Fabian Society gives the\\nlatest information as to the results obtained by\\nvarious forms of private arbitration and gov-\\nernment voluntary arbitration in different\\ncountries.\\nBoards, like the Durham Joint Committee in\\nEngland, for the coal trade, have been success-\\nful in settling a number of cases, but such in-\\nstrumentalities exist only in a few well organised\\ntrades, and even there they do not settle the\\nworst disputes.\\nThere had been in Great Britain up to the end\\nof June, 1897, nine hundred strikes, which the\\ngovernment conciliation act had failed to pre-\\nvent or terminate.\\nIn Germany there were four hundred and", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0181.jp2"}, "182": {"fulltext": "1 62 A Country Without Strikes\\neighty-three strikes in the year 1896, which the\\nIndustrial Court had no power to prevent. It\\ndecided twenty cases, and its award was rejected\\nin eleven others.\\nThe Conseils des Prud hommes in France has\\nno power to deal with strikes, nor with disputes\\ninvolving more than $100. Under the law of\\n1892, in France, which gives powers of concili-\\nation to the Juge de Paix, there were, in the fol-\\nlowing four years, one thousand nine hundred\\nand six disputes, of which only 9.28 per cent.,\\nless than one in ten, were settled successfully.\\nThe employers refused mediation in one hun-\\ndred and sixty nine cases.\\nThe Massachusetts State Board of Arbitra-\\ntion, in 1896, settled sixteen out of twenty-nine\\ncases. The New York State Board was able, in\\n1896, to settle two per cent, of the two hundred\\nand forty-six disputes which occurred in that\\nstate.\\nAt this writing a new strike bill is pending in\\nthe German Parliament. To contemplate its\\nprovisions is like passing from the mountain air\\nof New Zealand into the torture chamber of\\nsome mediaeval castle on the Rhine.\\nThe bill provides that any one who attempts\\nby physical force, threats, defamation, or boy-\\ncott to induce employers or employed to join or\\nnot to join unions, or become parties to agree-", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0182.jp2"}, "183": {"fulltext": "A Penitentiary Bill 163\\nments, the object of which is to influence the\\nconditions of labour or wages, shall be liable to\\nimprisonment not exceeding one year, or, in case\\nof extenuating circumstances, to a fine not ex-\\nceeding \u00c2\u00a350 ($250).\\nShould a strike or lockout be forcibly brought\\non, or life, or property, or the security of the\\nstate jeopardised, the penalty shall be three\\nyears hard labour, except in the case of ring\\nleaders, for whom the maximum penalty shall\\nbe five years.\\nNo wonder the bill was at once nicknamed\\nthe Penitentiary Bill.\\nPerhaps on the whole the most notable ex-\\npression of New Zealand public opinion with\\nregard to its Compulsory Arbitration law was\\nmade by Judge Williams of that colony, in a\\nletter which he wrote he was then in London\\nto the London Times, as a contribution to\\nthe controversy then going on in its columns.\\nJudge Williams had been presiding judge of the\\nCourt of Arbitration. He was not an elective\\njudge, nor a re-elective judge, which is still\\nworse, and had no occasion to bid for votes even\\nhad he been capable of doing so. He was no\\nlonger at the head of the Arbitration Court. He\\nbelongs, politically and socially, to the class\\nwhich would be by inheritance and acquirement\\nleast likely to be sympathetic with any form of", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0183.jp2"}, "184": {"fulltext": "164 A Country Without Strikes\\nlabour legislation. There could be no more dis-\\ninterested, no more intelligent testimony than\\nhis. His letter was widely reprinted by the press\\nof the colony, and long as it is, it is reproduced\\nhere as a valuable contribution to the literature\\nof this important question.\\nMay I add a word to the discussion which is\\ntaking place in your columns on the New Zea-\\nland Industrial Arbitration Act\\nI was President of the Industrial Arbitration\\nCourt from the time the act was brought into\\noperation until April last, 1898, and have had\\nsome experience of its working. With the in-\\ntroduction or the framing of the act I had noth-\\ning to do. The act is, of course, imperfect. Any\\nact dealing with an entirely new and difficult\\nsubject must necessarily be imperfect. The\\nstatutory law of bankruptcy, as it now exists,\\ndid not spring heaven-born from a single brain,\\nbut has attained its present state of perfection,\\nor imperfection, only after years of experience\\nand infinite emendation. I have no doubt also\\nthat mistakes have been made in the administra-\\ntion of the act. Those who are set to perform a\\nnovel and delicate experiment, however careful\\nthey may be, not infrequently burn their own\\nand other people s fingers.\\nThat compulsory arbitration in New Zea-", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0184.jp2"}, "185": {"fulltext": "No Suggestion of Repeal 165\\nland is still in the experimental stage must be\\nconceded but there are, I venture to think, good\\ngrounds for hoping that the experiment will be\\nultimately successful. It is certainly not time\\nto say that the experiment is a failure.\\nWhen we find that a number of cases have\\nbeen dealt with under the act, and that since the\\nact has been in operation strikes and lockouts\\nhave practically ceased, it is difficult to say that\\nthere is no promise of good. That those who\\nknow where the shoe pinches are content to wear\\nit is shown by the fact that no political party\\nsuggests the repeal of the act, but that both\\nparties in the last session of Parliament gave\\ntheir best efforts to amending it.\\nOpinions, of course, differ; but it will -be\\nfound that the vast majority of the newspapers\\nin the colony are favourable to the act, and that\\nParliament, in retaining the act on the statute\\nbook, and striving to make it more efficient,\\nfaithfully represented the trend of public opin-\\nion.\\nOne good thing the act does is to prevent\\nbitter feeling arising. The moment there is a\\ndifference, the intervention of the Conciliation\\nBoard is invoked, and, instead of quarrelling\\namong themselves and making a settlement\\nevery day more difficult, each lays his case be-\\nfore a third party.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0185.jp2"}, "186": {"fulltext": "1 66 A Country Without Strikes\\nUnless you interfere the moment a differ-\\nence arises, you must wait till both parties are\\nsick of fighting. The futility of interference in\\nthe middle of a quarrel is explained by Rabelais\\nin one of This cleanest. and most amusing chap-\\nters. In nearly every case that came before the\\ncourt I was struck with the good temper dis-\\nplayed by all parties.\\nAnother benefit of the act is that the hearing\\nof the case before the Conciliation Board and\\nbefore the court enables the public to form an\\nintelligent opinion upon the merits. If public\\nopinion supported the judgment of the court, it\\nwould be difficult for either side, apart alto-\\ngether from the question, of compulsion, to act\\nin defiance of public opinion.\\nNo doubt the difficulty of the act lies in the\\nclauses which impose a penalty for a breach of\\nthe^ award. It has been justly said that you\\ncannot compel a worlk^an to work or an em-\\nployer to carry on his business under conditions\\nwhich are intolerable to either. *But the duty of\\nthe Arbitration Court is to pronounce such an\\naward as will enable the particular trade to be\\ncarried on, and not to impose such conditions as\\nwould make it better fpr the employer to close\\nhis works or for the workmen to cease working\\nthan to conform to them. The object of the act\\nis to secure industrial peace, and not to create\\nindustrial strife.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0186.jp2"}, "187": {"fulltext": "A Successful Experiment 167\\nI suppose that at present every employer in\\nthe Kingdom is working under some conditions\\nwith respect to his workmen that he would like\\nto get rid of, and that every trade-union would\\nin the same way like to improve the conditions\\nunder which its members are employed. Yet as\\nboth employer and workman get their living by\\ncarrying on the business, each prefers to submit\\nto some restrictions rather than risk his liveli-\\nhood by a lockout or a strike.\\nIt is, of course, natural for each side to try\\nand get rid of the conditions which in England\\narise from the relations of the parties, and in\\nNew Zealand are imposed by the court.\\nThe object of the penalty clause is, I take it,\\nto prevent either party from wriggling out of\\nthese latter conditions. It surely cannot be be-\\nyond the reach of human ingenuity to make such\\nclauses efficient. However, on this, as on many\\nother points, we shall be helped by a wider\\nexperience.\\nAs I have said, the act is an experiment, but\\nan experiment with good hopes of success. In\\nfour or five years we shall be able to speak with\\nmore certainty. Even, however, if in New\\nZealand the act should be permanently success-\\nful, it by no means follows that it should suc-\\nceed under the very different conditions which\\nobtain here.\\nThe act at any rate is a bold and honest at-", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0187.jp2"}, "188": {"fulltext": "1 68 A Country Without Strikes\\ntempt to grapple with one of the most difficult of\\nour social problems, and I submit that its opera-\\ntion is worthy of careful study. It is yet too\\nearly to pronounce a final judgment on our at-\\ntempt; but even if the attempt should fail, the\\nfailure may give light to a better way.\\nOne of the unexpected effects of the new in-\\nstitution is that the benefit of the better wages\\nand conditions established by the Arbitration\\nCourt reach other workingmen, though they\\nwere not concerned in the proceedings before it.\\nI learned of a case in which a large contractor\\nhad hired a carpenter without specific agreement\\nas to his wages. When pay day came the work-\\nman refused to accept the pay tendered him, as\\nit was less than had been fixed for the trade by\\nrecent arbitration. He summoned his employer\\nbefore a magistrate not of the Arbitration\\nCourt. This employer, though one of the larg-\\nest in Wellington, was not a member of the\\nemployers association, and had not been brought\\nunder the award which had been made govern-\\ning the trade but the magistrate held that that\\naward fixed the custom of the trade, and that\\nthe employer must pay this customary rate of\\nwage.\\nThe judges of the Arbitration Court have\\ndone very little legislating under cover of inter-", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0188.jp2"}, "189": {"fulltext": "Some New Principles 169\\npretation, as courts have been known sometimes\\nto do, but in their decisions there is a clear ten-\\ndency towards the establishment of some new\\nprinciples in business. It would be inevitable\\nthat something of the kind should be developed\\nwhen an institution so novel and so powerful\\nwas introduced into the belligerent chaos of\\nmodern industry. A handful of sugar crystals\\nthrown into a vat of sorghum syrup makes the\\nwhole mass, until then obdurate, crystallise at\\nonce.\\nIn the dispute between the Westport Coal\\nCompany and its men, the court said\\nIf work is slack and the men wish, the com-\\npany is recommended to distribute the work\\namong the men rather than to discharge em-\\nployes.\\nAnd again it said, that so long as there are\\nefficient, capable men at Denniston out of work\\nthe company shall employ these, either by con-\\ntract or day labour before the com-\\npany calls for tenders from outsiders or em-\\nploys outsiders.\\nAs to these awards, the Secretary for Labour\\nmakes the comment that they affect principles\\nin the relation of employer and employed hither-\\nto considered as being entirely within the do-\\nmain of private judgment and freedom of con-\\ntract.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0189.jp2"}, "190": {"fulltext": "170 A Country Without Strikes\\nArbitration does not remove the bottom evil\\nof all in the labour world, the economic inequal-\\nity of masters and men which makes a free con-\\ntract impossible because one of the parties is not\\nfree; but it certainly adds a humanising touch\\nto the methods of the struggle, and all civilisa-\\ntion is lifted a stage.\\nThe workingman is certainly less at a disad-\\nvantage under a system in which he is guaran-\\nteed the right to be heard, and to be heard in\\npublic, than under the present capitalists regime\\nwhere he is so often refused any hearing, public\\nor private. The workers are safer before a\\nCourt of Arbitration than before a General\\nManager or a Board of Directors, or a general\\nfixing wages by martial law.\\nThe New Zealand court has but just touched\\nin its decisions on the most important principle\\nat issue in the regulation of wages whether\\nwages must follow prices or prices wages. Must\\nwages be dependent on prices necessary to mar-\\nket commodities, or must these prices be depend-\\nent on the wages necessary to maintain the peo-\\nple in decent comfort?\\nThe workingman s mind is evidently moving\\nto the latter position. Several of the greatest\\nstrikes of recent years, like the English coal\\nstrike of 1893, and the strike in Lord Penrhyn s\\nquarries, have had the living wage for their", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0190.jp2"}, "191": {"fulltext": "Judges and Political Economy 171\\ninspiring principle, and this new position of the\\nworkingmen in those strikes received the open\\nsupport of some of the most influential members\\nof Parliament, newspapers, and even capitalists\\nof Great Britain.\\nThis doctrine seeks to make true the fiction\\nof John Stuart Mill that wages are determined\\nby the standard of living among the working-\\nmen. What. John Stuart Mill said was the\\nlaw of wages, the workingmen are seeking to\\nbring about. The New Zealand law, the mo-\\nment this new political economy that prices must\\nfollow wages invades the bench, can be made a\\npowerful instrument in reinforcing the working-\\nmen. Decisions made by judges in industrial\\nmatters can usually be observed to be based not\\nso much on law as on their notions of political\\neconomy.\\nA way in which the workingmen as voters\\ncould secure the introduction of compulsory ar-\\nbitration is suggested by the Fabian Society in\\nthe tract to which we have just referred.\\nLocal authorities can make it a condition of\\nthe contract that all disputes between employer\\nand workingmen shall be referred to arbitra-\\ntion in contracts given out by them.\\nImportant as the Conciliation Boards and Ar-\\nbitration Courts of New Zealand are in their\\nspecial field of labour troubles, they have an", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0191.jp2"}, "192": {"fulltext": "172 A Country Without Strikes\\naspect even more important. They are the only\\ncheap, informal, speedy courts of justice which\\nexist anywhere. In these New Zealand courts\\nalone do the people get a taste of that cheap and\\nspeedy justice of which they have always been\\ndreaming, which the agitators, in the days of the\\nPuritan Commonwealth, begged might be made\\nto break forth out of the ground like a fountain.\\nIn these courts another field has been added to\\nthe social territory wrested from the region of\\nprivate war and violence, and another baron or\\nstrong man has been harnessed to the collar of\\nthe common good.\\nThe spirit of the law in this aspect is admir-\\nably voiced in a paragraph in Secretary Tre-\\ngear s report for the Department of Labour in\\n1898. In opposing the proposition that all the\\ncosts of the board should be charged to the dis-\\nputing parties, Mr. Tregear said\\nGreat care must be taken lest the usefulness\\nof the acts be crippled by the fear of extreme\\nexpense. In such cases, justice becomes a\\nluxury only to be enjoyed by the rich, and the\\npresent merit of the act, namely, that it reaches\\ndown to remove the tiniest industrial irritant\\nwould be lost. It is better that the country\\nshould bear the slight expense attending the sit-\\nting of boards than that one citizen should have\\nto say, T am oppressed and unjustly treated,\\nbut am not rich enough to make my complaint", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0192.jp2"}, "193": {"fulltext": "The Wards of Wealth 173\\nreach the ears of those in power; I must suffer\\nin silence. The reproach often used\\nin the past concerning courts of justice and the\\npart played in them by the power of wealth\\nshould never be allowed to be cast upon the\\nCourt of Arbitration, and, although perhaps it\\nmay be idealistic to hope that one day justice\\nmay be dispensed free of charge to all, still in\\nthis matter the. country may draw near the ideal\\nby taking on itself the burden of its weaker\\nmembers at a cost infinitesimal when divided\\namong all, and it will be repaid by the steadiness\\nwith which the general level of industrial life\\nwill be sustained.\\nWe all preach that the property and ability of\\neach the ten talents exist for the service of\\nall. That is the bottom doctrine of all civilisa-\\ntion. We open the oldest book we have, the\\nPrecepts of Ptah Hotep, and we find it there.\\nNew Zealand practises it in a new field.\\nNew Zealand has made the most important\\nadvance in the practical enforcement of this\\ndoctrine of the stewardship of wealth. It is\\nthe first to establish that, in this field of the re-\\nlations of labour and capital, the steward is not\\nto be left to himself to determine how he is to\\nadminister the trust.\\nIndustries, it is a fundamental thought in this\\nNew Zealand legislation, are not individual cre-\\nations; they are not made by the workingmen", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0193.jp2"}, "194": {"fulltext": "174 A Country Without Strikes\\nalone nor by capital alone, but are a social cre-\\nation and subject to social control. Every manu-\\nfacture, every investment, has been brought\\nto where it is now by long ages of social effort.\\nIt is kept going to-day by the co-operation of all\\nthe people in countless ways, not the least\\namong them the protection which the people\\ngives, through the state.\\nIf property is a trust, says the spirit of New\\nZealand legislation not only in this but in other\\nlaws, it is the interests of the ward that are para-\\nmount, not those of the trustee; the ward must\\nhave something to say, and the state must pro-\\ntect the ward and regulate the trustee.\\nThe Compulsory Arbitration law of New\\nZealand and its laws for progressive taxation,\\nland resumption, and labour regulation, are, in\\ntruth, the most advanced applications yet made\\nin the modern world of the doctrines of Carlyle\\nand Ruskin and all the great poets, that captains\\nof industry are captains in the public service;\\nthat the labourers and the employer alike are\\nsocial functionaries; that to labour and to lead\\nlabour are duties which no citizen has a right to\\ndisregard that they who do not work, shall not\\neat, nor, says the Compulsory Arbitration law,\\nshall they fight, which most men would rather\\ndo than eat.\\nThe Compulsory Arbitration law is an at-\\ntempt to realise in its field the loftiest teachings", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0194.jp2"}, "195": {"fulltext": "The Great Question 175\\nof the loftiest apostles of the religion of human-\\nity, the religion of labour and love.\\nFrom the ideal point of view, it is a very\\ncrude attempt, a mere rudimentary beginning,\\nbut, from the practical point of view, it is one of\\nthe surest forward steps yet made by any people.\\nThese people, by undertaking thus to enforce\\nthe social duties of industry, will be all the more\\nlikely to take the other steps that their new path\\nwill call for. It is, for instance, imperative that\\nthey educate every citizen to industry, and that\\nthen they guarantee him the opportunity of\\nindustry.\\nCompulsory arbitration is only a step in that\\ndirection, but it is a step. The greatest eco-\\nnomic question involved in compulsory arbitra-\\ntion is, whether property and business shall be\\ndistributed by the methods of reason and\\nbrotherliness, or by the methods of force and\\nmere greed; whether men shall have a fair\\nchance according to their ability, enterprise,\\nprudence and self-respect, or whether all the\\nbusiness chances shall go to the most unscrupu-\\nlous and greedy, regardless of all other intellect-\\nual or moral qualities.\\nIt is a question of the deepest force at work\\nin the distribution of wealth; it is an economic\\nquestion, economic all the more because it is\\nalso an ethical question.\\nNew Zealand answers this question as the", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0195.jp2"}, "196": {"fulltext": "176 A Country Without Strikes\\nprogress of civilisation always has answered it.\\nAn act which seemed merely to contemplate\\npeace in industry, if it proves permanently suc-\\ncessful will turn out to be a powerful instrument\\nin the democratisation of industry, the equalisa-\\ntion of economic conditions, the humanising of\\nlife, and the expansion of civilisation into a\\nnew world.\\nA genius, says Ralph Waldo Emerson, shows\\nhimself by carrying an existing idea or an insti-\\ntution a step farther than it had gone before.\\nMany a man, he says, before him has taken the\\nfirst, second or third steps. The genius which\\nconceived and framed the Compulsory Arbitra-\\ntion law answers exactly to this description.\\nIt has taken the old institution of the court, the\\nold ideas of peace and justice, and has carried\\nthem on into a new field. It has made no break\\nwith the past, but has developed all its familiar\\nand venerable processes one step farther in their\\nsocial evolution.\\nThe establishment of a court in a field where\\nonly violence had been the judge before, the ad-\\nvance of the principles and institutions of civil\\nlaw into social territory given over to anarchy,\\nis always one of the great events. The emer-\\ngence of the Geneva tribunal of 1872, above the\\ntroubled waters of international belligerency\\nwas such an event.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0196.jp2"}, "197": {"fulltext": "International Arbitration 177\\nThe Compulsory Arbitration law of New\\nZealand is such an event in a world of wars not\\nless devastating than those between nations. It\\nis an event more entirely without precedent in\\nthe sphere of business, and of more startling\\ninterest than it would have been in the sphere of\\npolitics, if the powers in the Peace Congress at\\nThe Hague had set up an authority, as some\\npeace congress some day will do, to forbid all\\nwar, and had clothed it with the force to make\\nits prohibition good. As soon as the majority\\nof nations want international arbitration they\\nwill have it, but it can come only by compulsory\\narbitration as long as there is one nation fool\\nenough or knave enough to prefer to fight.\\nPerhaps the greatest aspect of the law of New\\nZealand is this that it blazes the trail along\\nwhich international arbitration must move, if it\\nwould succeed.\\nWe discover then that in New Zealand, in\\ncompulsory arbitration, we are dealing not\\nmerely with a novelty in a subordinate field of\\nlegislation, but with a new growth of the living\\norganism of modern society.\\nThere is only one Compulsory Arbitration\\nlaw in the world, and that has been in operation\\nonly four years and in an isolated country, and\\nwe must not generalise too freely. Similar laws\\nmight operate differently in different countries;", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0197.jp2"}, "198": {"fulltext": "178 A Country Without Strikes\\nthis law may still be crippled by sinister amend-\\nments moved by false friends.\\nNot forgetting this, let us sum up the results\\nand tendencies of compulsory arbitration as evi-\\ndenced in actual incidents of the industrial life\\nof New Zealand, in the last four years\\n1st. Strikes and lockouts have been stopped.\\n2d. Wages and terms have been fixed so that\\nmanufacturers can make their contracts ahead\\nwithout fear of disturbance.\\n3d. Workingmen, too, knowing that their\\nincome cannot be cut down nor locked out, can\\nmarry, buy land, build homes.\\n4th. Disputes arise continually, new terms\\nare fixed, but industry goes on without inter-\\nruption.\\n5th. No factory has been closed by the act.\\n6th. The country is more prosperous than\\never.\\n7th. The awards of the Arbitration Court fix\\na standard of living which other courts accept in\\ndeciding cases affecting workingmen.\\n8th. Awards made by compulsory arbitration\\nare often renewed by a voluntary agreement\\nwhen they expire.\\n9th. Trade-unions are given new rights, and\\nare called upon to admit all competent working-\\nmen in the trade.\\n10th. Compulsion in the background makes\\nconciliation easier.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0198.jp2"}, "199": {"fulltext": "A Summary 179\\nnth. Compulsory publicity gives the public,\\nthe real arbitrator, all the facts of every dispute.\\n1 2th. Salaried classes as well as wage-earners\\nare claiming the benefits of arbitration.\\n13th. Peaceable settlement with their men\\nhas been made possible for the majorities of the\\nemployers who wanted to arbitrate, but were\\nprevented by minorities of their associates.\\n14th. Labour and capital are being organised\\ninto trade-unions and associations instead of\\nmobs and monopolists.\\n15th. Trade honesty is promoted by the ex-\\nposure and prevention of frauds on the public.\\n1 6th. Humane and law-abiding business men\\nseek the protection of the law to save themselves\\nfrom destruction by the competition of inhu-\\nmane and law-breaking rivals.\\n17th. The weak and the strong are equalised\\nboth among capitalists and the workingmen.\\n1 8th. The victory is given as nearly as pos-\\nsible to the right instead of to the strong, as in\\nwar.\\n19th. The concentration of wealth and power\\nare checked.\\n20th. The distribution of wealth is deter-\\nmined along lines of reason, justice, and the\\ngreatest need, instead of along lines of the great-\\nest greed.\\n2 1 st. Democracy is strengthened by these\\nequalisations.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0199.jp2"}, "200": {"fulltext": "180 A Country Without Strikes\\n22d. It furnishes the people their only cheap,\\nspeedy, and untechnical justice.\\nIf the American people have any lesson to\\nlearn from these experiences of New Zealand,\\nthey can be trusted to learn it. The object of\\nthe writer has not been to enforce his views, but\\nto present the facts of an interesting social ex-\\nperiment, on which the public could, if it chose,\\nbuild views of its own.\\nOf course, our circumstances are different.\\nOur circumstances have not been so different\\nbut that they have developed the same evils.\\nPerhaps they may develop the same remedy.\\nThe New Zealanders have had several great\\nadvantages. They are a people of one race, and\\nthey are isolated. That they are united by race\\nis an accident. Union can be also achieved by\\nmoral will, as doctors used to say of the healing\\nof a wound, by first intention, or by immedi-\\nate union, to use the newest phrase.\\nMen of almost every race have united to form\\nthe politics and society of these United States.\\nWhy can they not unite to reform them And\\nas for the isolation, that is a fortunate incident\\nfor the weak, but the United States has a nobler\\nkind of isolation in its might and wealth. It\\ncan stand alone for any cause it chooses to\\nespouse.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0200.jp2"}, "201": {"fulltext": "INDEX.\\nAgitators, 146.\\nAppeals, 29, 151.\\nApprentices, 48, 52, 72, 99.\\nArbitration and competition, 45,\\n58, 99, 103.\\nCompulsory, 35\\n\u00e2\u0080\u0094Court, 18, 19 powers of, 23.\\nawards, 24\\ndelay, 80\\ngovernment employees, 31\\ninternational, 177\\nMassachusetts, 8, 162\\norganization of labor and cap-\\nital, 62.\\npayment of arbitrators, 24,\\n152\\nprivate, 7, 18, 35, 44, 114, 125,\\n160\\npromotes trades unions, 76\\nprotects employers, 45.\\nArbitration by trade tribunals, 49.\\nAssociation of employers, 58.\\nAuckland boot and shoe manu-\\nfacturers, 37 clothing manu-\\nfacturers, 92; sewing women, 90.\\nAwards, 26 appeal from, 30\\nduration of, 51, 134\\nenforcement of, 16, 149\\n\u00e2\u0080\u0094intolerable, 122\\n\u00e2\u0080\u0094penalties for violation, 26, 27,\\n29, 138, 140, 149, 166\\n\u00e2\u0080\u0094uniform, 133\\nBakers, 66.\\nBest, Hon. R. W., 153.\\nBooks, must be produced, 22, 51,\\n145.\\nBoot and shoe men, 33, et seq.\\nCapital, organization under arbi-\\ntration, 62\\na wingless bird, 160.\\nCoal Mining Company, 75.\\nClothing manufacturers associa-\\ntion, 107.\\nClothing trade, 89.\\nCommittees or mobs, 61, 62.\\nCompetition and arbitration, 45,\\n58, 84, 99, 103.\\nCompulsion, 11, 20, 42, 52, 119, 125;\\nand the law of the market,\\n123\\nin other legislation, 126;\\nthreefold, 16;\\nvoluntary, 127.\\nCompulsory arbitration, cost of,\\n152;\\nand democracy, 176;\\nand distribution of wealth,\\n175;\\nunder municipalities, 171;\\nnew principles in business,\\n169;\\nin Parliament, 129, 158.\\nSouth Australia, 14.\\nCompulsory arbitration law,\\namendment, 8a, 109, 124, 147, 158,\\n159;\\nCompulsory arbitration law,\\nanalysis of, 16, 178;\\nappeal, 151\\nawards renewed voluntarily,\\n178;\\nevasions, 14 gives stability to\\nbusiness, 155\\njustice in a new field, 176\\nspirit of, 174\\nsummary of results, 178.\\nCompulsory publicity, 97.\\nConciliation, Boards of, 11, 16, 18,\\niq, 23, 29, 30.\\nConciliation, voluntary, 105,\\nConseils des Prud hommes, 7, 162.\\nCosts, 24.\\nDenmark, lockout, 160.\\nDisturbance of industry, 146, 147,\\n157.\\nDurham Joint Committee, 161\\nEducational influence, 85.\\nEdwards, Judge, 2, 123, 131, 137.\\n181", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0201.jp2"}, "202": {"fulltext": "182\\nINDEX.\\nEmployers associations, 25, =;8\\n61;\\ncannot escape, 62, 67, 145.\\nfavor compulsory arbitra-\\ntion, 102, 153, 156\\nhow summoned, 66;\\npreference to, 8S\\npromote trade unions, 104\\nregistration of, 32\\nrepresentation of, 146\\nresistance to arbitration, 144\\nsummoned individually, 22.\\nEngineers, 69,\\nstrike, 118.\\nEqualization of conditions, 109.\\nExperiments, 4, 12, 165.\\nExperts, 20, 46, 51, 94, 123.\\nFabian Society tract, 160.\\nFines, 27, 139.\\nFrance, 7, 162.\\nFrauds prevented, 97.\\nFrivolous cases, 25, 146,\\nFurniture workers, 136.\\nGermany, new strike bill, 162\\nstrikes, 161.\\nGold miners, 65, 132, 145.\\nGovernment employees, 31.\\nGreat Britain, arbitration laws, 7.\\nGrocers employees, 77.\\nHague, Peace Congress, 177.\\nHereford, Bishop of, 117.\\nHours, 48, 52, 99, 132.\\nImpartiality of the Court, 74.\\nImprisonment, 29, 120, 139\\nIndustrial Corporation of New\\nZealand, 147.\\nInitiative of the state, 87.\\nInternational arbitration, 177\\nIntolerable decisions, 27, 120.\\nIron moulders, 64, 133\\nIron workers, Auckland, 61.\\nIron workers, 135, iw.\\nJennings, Honourable W. T., 101.\\nJudges, business, 3, 69, 130.\\nJudge, presides, 20.\\nLabor organization under arbi-\\ntration, 62.\\nLaw of the market, 122.\\nLawyers, 22, 43, 84, 155.\\nLivery stable men excluded, 155.\\nLiving wage, 170.\\nLockouts forbidden, 20,\\nMachinery, 48.\\nMachinists, 99.\\nMajority rule, 4 no, 125, 127.\\nMandamus, 79.\\nManufacturers, boot and shoe, 32\\net seq.; clothing, 92, 107 unor-\\nganize 1 56, 99\\npromote trade unions, 91.\\nMaritime strike, 5. 147.\\nMassachusetts, arbitration, 8. 162.\\nMills, James, 153.\\nMill, John Stuart, 171.\\ni Minimum wage, 48, 71, 78, 83, 95.\\nI Minorities and arbitration, 97,\\n102, 114, 119.\\nMobs or committees, 61.\\nMonkswell, Lord, 117.\\nNew South Wales, punishment of\\nstrikers, 149.\\nvoluntary arbitration, 9.\\nNew York, arbitration, 162.\\nNon-unionists, under arbitration,\\n48, 66.\\nOrganization of labor; of capital,\\n18, 62.\\nOvertime, 48, 78, 99.\\nPainters, 133.\\nParliament and arbitration, 29,\\n158.\\nPassion lessened, 85, 166.\\nPay of arbitrators, 24.\\ni Peace Congress, 177.\\ni Penalties, 27, 138 et seq., 157, 166.\\nPiece work, 48, 52, 99.\\nI Pitt, William, 126.\\nJ Printers, 136.\\nI Prosperity under compulsory ar-\\nbitration, 11, 152, 159.\\nPtah Hotep, 173.\\n1 Publicitv, 22, 121, 128.\\nPublic opinion, 31.\\nR 117.\\nRailroad employees, 31.\\nRange makers. 76.\\nReeves, Hon. Wm. P., 6, is, 27, 30,\\n87, 89, 116.\\nRegistration of employers, 32, 61;\\nof trade unions, 17, 32, 6x.\\nReinstatement of discharged\\nmen, -5.\\nRigg, Honourable John, 74, 104.\\nSeamen, 66, 67, 155.\\nSeddon, Right Honourable R. J.,\\n154-\\nSewing Women s Union, 89.\\nShip owners, 68.", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0202.jp2"}, "203": {"fulltext": "INDEX.\\n183\\nShirt makers, 95.\\nShoemakers, 32.\\nShoe manufacturers, 13Q.\\nSouth Australia, 14, 17, 21, 135.\\nStreet car men excluded, 155.\\nStrike, Auckland, 38.\\nStrike, the boot, cost of, 46.\\nStrike, in court room, 3.\\nStrike, maritime, 5, 147.\\nStrikers punished in New South\\nWales, 149.\\nStrikes, 146.\\n\u00e2\u0080\u0094England, coal strike of 1893,\\n170;\\nEurope, 10\\n\u00e2\u0080\u0094forbidden, 20\\nFrance, 162\\nGermany, 161\\n\u00e2\u0080\u0094Great Britain, 118, 161\\nXew South Wales, 9\\n\u00e2\u0080\u0094in Lord Penrhyn s quarries,\\nT70\\nSweating, 49, 52 shops, 89.\\nTailors and tailoresses, 93.\\nTailoresses, increased pay, 105.\\nThring, Lord, 117.\\nTimes, London, 116, 157\\nJudge Williams in, 16-5.\\nTrade unions, 16, 26.\\ndemand compulsion, n\\nfavor the law, 158\\ngiven new rights, 18\\nmust be inclusive, 82\\n\u00e2\u0080\u0094must give preference, 88\\nmust register, 17, 32.\\nTrade unions, preference to, 47,\\n52, 53, 56, 57, 64, 65, 68, 69, 75, 78,\\n82, 95, 99, 106, 124, 151\\npreference to, withheld, 65,\\n66;\\npromoted by employers, 104\\ndischarged members of, re-\\ninstated, 75\\nregister of members out of\\nwork, 81\\n\u00e2\u0080\u0094registration of, 32 warning\\nto, 145.\\nTrade unionists discharged, 101.\\nTregear, Secretary, 30, 169. 172.\\nTrusts and arbitration, 88.\\nTyranny, 117.\\nUnion Steamship Company, 153.\\nVisitation, powers of, 22.\\nWages, 52, 99 134, 138;\\nfixed by arbitration, 168;\\nfixed by law, 128, 129;\\nliving, 170;\\nmaximum fixed, 71.\\nminimum, 48, 71, 83, 95;\\nand prices, 170;\\nunder arbitration, 43.\\nWealth, stewardship, 173.\\nWestport Coal Company, 169.\\nWilliams, Judge, in the London\\nTimes, 163.\\nWitnesses. 22\\nWitnesses, compensation, 24.\\nWomen workers, 76, 89.\\nWork continues during arbitra-\\ntion, 46, 54, 113.", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0203.jp2"}, "204": {"fulltext": "", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0204.jp2"}, "205": {"fulltext": "", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0205.jp2"}, "206": {"fulltext": "900", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0206.jp2"}, "207": {"fulltext": "", "height": "4478", "width": "2783", "jp2-path": "countrywithouts00lloy_0207.jp2"}, "208": {"fulltext": "", "height": "4520", "width": "2865", "jp2-path": "countrywithouts00lloy_0208.jp2"}}