A-
X'
4
' . -. . . , -. ;.-. , " -T ; " : 7 : :
SyiC' hf; i , ' ' . !.--vc !- v.. ,;.- ... ,!! ! ' ! LT ' V-.!-" 2; U- s '
. ' I ' ! 7 ;v .U'.-j ' -'. 'V- . I- J-' 'J' '- ' -v - ' ':'1. '.V 'j;
77777- yU" ? - ..-7, ' ' "" ; -"tU '. -
.Y:, ' (fV Nil Kt&v:V lK , i
The Anti-StriW Act, Which ? ! HII J Vf
Is Based on Puhl,V,W ann 7 V IJi ' -r.A 7
Square, Deal
T TONESTY, publicity and w square
deal. .These, are the-foundaln
ot Canada s atiti-strtke law. a
measure ' that since its- passage in jgo'f
- m jnr approximately $3,500,000 in
wages ta 57,000 yorizinen. "
7 Jhile-th&'act'cotcn-mlyubliclfitilU
ties, such as railways and mines,. it reduced '
the total trade disputes -in-the -Dominion-.
from '.146 in igoj to sixty-six- in igo8i
T7w -simple statement- of. fact stamps it. a
remarkable piecs of 'legislation. Such
deed tt IS? '; ' . ( . - t
Ftrtually, it casts aside all the tneortes
upon. which lawyers and legisla-tors have
i been more or less learnedly arguing, writ-,
V ai expounding for some . thousands of
years, atid is predicated merely on plain,
: ordinary common sense. Broadly speak-'
ing it merely forbids strikes until employer ,
; flffi employed.have come'togelher, through
: properly accredited representatives, termed
a Board of Conciliation and Review, ; o ,
'ni f7 A?r is not some basis more profit- .
able' than a labor war upon: which they can
agree. 1 -
', Suppose either party refuses to. abide
by the findings of "the board. Then what
- terrxme ming . nappens fines, pijuncuuru
tr what riotf '". ;r
Nothing; of the sort.. : There, is no
obligation to abide! by fi - board's -:
I decision. . There' is merely a moral responsibility'?-
If employes persist in striking, ,
they Are free-to do so. If employers
dog&'dly "'. stand for a lockout, they ' may
declare it. ' , ' , . '
, Only, in case f of ai rupture, the De- '
a partment of Labor, having fully invesii
gated the case, will make its findings pub
lic. Then the obstinate party must have. : .
v mighty; good grounds, fort Its action or- tt..
-.rtw'lU fed.jhe: lashx Pfz. Ptttraged.l..puklic.:.z
opinion. -,77;' v.?; . .. 1, ,, v,
' IS o Jaw ever enacted in any land had
a more remarkdvle Penaltv. 1 his one is.
.. r il f . I a . f. rl ' I .: . . . -
in fact,' vferely a check on the natural incli
nations of all men, rich and poor alike, to
make.' fools of? themselves., 7 .
B
EfNG such'a. new note in legislation, it
was inevitable that this Canadian law, ,
which was the creation of the present
minister of labor, the Hon. W. L. Mac-
kcnzie King,' should come in for 'widespread
discussion. Inevitably, it was discovered that
there were some things it did not do. Among
others it did not -solve all the, problems 'which
capital and labor have wrestled with in the past; -nor;
on-the other hand, did it offer to unravel
all of the perplexities which threaten the future.
Very strangely, though, it did avert strikes.
So, as a law that actually accomplished the
purpose for which it was framed,' it occasioned
more discussion than evey. ' ';
' . Its second year went by. Many workmen
were, lukewarm or openly opposed to the act,
even though they profited largely by it. Em
ployers, were inclined to regard it a shade more.
an invasion of vested rights and sacred property
interests. . . v '. - ; " -. r .: .
- An expert sent by the United States to in- .
vestigate it, Dr. Victor S. Clark, found that the'
PORTLAND,
I t H , 1... -, - , WV.i V:.: ."V. N tr .. 1 I I 11. 1 -J -t tut HI " 'Ml . N ' I'"'. . ..' . ' . v ,
I
j -
boards of conciliation had "been able to keep ,
t6wa.;.to; fundamental rjssues; and: to make, the :
coat fjt .the individual wearer,; so to speak, much '..
better wan nave tue-arbitration courta oi aub-
ITHillSlM. v : -
,Eight here is where the new law confounded ;
all the old prophet3 of legislation. Its-seeming
eakness as ..anbtlier commentator observed,
proved its strength. 1 It, wus no' ironclad meas
ure that gripped ca pi ta,l, and -'labor and-made-them
mere puppets in the hands of the courts-- ,
the prey of impractical technicalities olworse
still, designing politiciins. , - . -
TNono could reasonably refuse to come under'
its provisions, because it imposed no penalties. .
CLEAR OF COMPULSION ,
Its framer,' Mr. King, since risen to minis-,
ter of labor, steered clear, of tho rocks which
almost wrecked the labor laws of Australasia.
They provided, for compulsbry arbitration, and
the findings. of the arbitration boards w,'ereoen-
forceable, not by -public opinion, but by process
of law. The consequence was that the working ;
men were emboldened to go to court on ; the
Slightest ' of-pretexts, " and the employers 'felt "
that the awards f,; the arbitrators were, un-.'
warrantable interference with private affairs on .
the part of the government, "' : .
More than his, however, was the fact' that
else, a buffer between -irate -men and indignant
employers. 'Everyone knows, who, has witnessed -
the unthinking, acts, of mobs,-thai tho natural'
impulses of angry' men is to resort to-. .violence,, .
s . - I t , . 4 ( ,- I .,. ,,,v... m ' I " V;;"' N 1 .
.- ' :: " 4- ' - lyi V- V : v
v .7''' W' tePf Jh ' i, 7' r'
OREGON, SUNDAY MORNING, JUNE
7 , -7) H'7 : 7 1 ; 7777
1 ; ' J. .1 ' 1 w m Mi v (f . , ... ............. .
eitlier : actual or figurative. Wham a dispute' ulnVn ta contained in the report, of the Depart .
arises, , both sides; naturally-prepare to. -.fight.' Vment of Labor for 1909 Vx:.:'-:--?
Left alone, they' really will fight,' regardless of tabus' SHOWtxo industrial 'oisrutBS bt inpur-
tno costs. ,
V I I'll IIIIK M.HlH IM rt- !1 1 ' III 'I I . . I I It" II 1 1 1 TMt V UL
tho Canadian act' is most apparent. - Neitlier
side ' dare strike or resort to lockout until the
law has had a show. To guard against corpora-,
tipns taking the aggressive by stealth,' it is pro-.
vided that where, changes cf wages or hours-are
to he, made, thirty days' notice must be given to j ,
the men. ' . ' . . ' ' , t , -
; Once the . law . is ' appealed to, both sides
must stop to breathe. The board of conciliation ;
assumes commuid. ,And there must be no.rup- ,
ture until it has acted. '; . .
. Theii comes an .attempt to find out what,
are the real points at issue. Often this is not;
so easy as : it seems, because the contestants
have in reality" no very clear idea just what they
are squabbling, about. , bo the board goes to
work, sifting, sorting and simmering down, until v
'.it. has eliminated-all the unimportant details,
and reached the real points 'at issue. ,',
: ' As often as not, perhnpa oftwier, it U found t
there are really no -! real .points; at: Issue-r-at'
; least none that would .justify a labor warThon -
it .is a very simple matter to bring about mutual
concessions-' which are of no 'Vital' moment to
either' side,' resCoro gbd feeling and imbue7in'
sort to a wise law .than -to cut each other's
thrones.. ' - "v'. j' ' " X : - .-77 M'.'ir7
7 What the law has accomplished ray per-
haps "best bo. judged from Ltho-following; table,
5, 1910
. yeam SmT. " mt',V "iT-iND ,
190S.
NUMBER OP DISPUTBH. -' 'J ; i .
"1901103103 18041 190il1UCl711il08 T'l
Agrloulturii .j . ."
ttuliiiltiir
Metal
Wood worktnir
2
3
44
220
147
SI
33
' 84
17
i nd luiliberhifi
KhdccpiorS?
Hon
BO
T.eaihr . ..... .
rilntlnff and
tiookblndlng ...
Transport . . ... .
lyoneahoremcn .
MtnlntT' .
Flhln(r
UrmklllPd .......
Miscellaneous . .
Totala . ... .
17
i
,
2
S
10
104
r.'3
160
103
13$
146
B6
7
VALUE OF COMMON SENSE . , , r
. The' decrease in the 1908 column, telh its -
own story. It is a serrnOn on the value of com-
mon-sense methods as opposed to the violence
, of angry men or-the cumbersome melhods of
j. courts. a
;'. For,coming'"down"toUho actual provisions"
of, the, law, its most striking clauses, perhaps are..
those, which virtually exclude the-; courts from
interfering and which rule 'out' all technicalities.
It , provideSv. nrsU that either -workmen or
! to-' the minister of labor 'for; tho appoin'tnient of
'a board of co'ncilia'iion 'and; investigation'. Then"1.
1 the other party, to the dispute' ii" notified. ' ' Each'
.side may! then. appoint, a .representative, and,.
those two choose" a third, 'wfio'acU as chairman.
J. either-side'refuHeto name ftrepresentativet
the minister of laboris empowered to designate
a nn to act for it . ,
Pending.' the ' board's -work,; a coloration
causing tt lockout is subject, to-a tine of from
$100 to $1000 a day. Any man who strikes i
liable to n fine' of $10 to $50 a day.
While tho board is sitting the chairman
gets $l'0 a day and the other two members $15
half 'for half-day sessions. The board has
practically all the powers of- a court. It may
call and swear witnesses, it may compel the pro-
dnction of boots -nnd ncpnunt if. nvnv linld itf
sessions in public or' private,' as it thinks best,
and it may exclude all outside counsel. It may,
employ experts to audit accounts. , ;
Furthermore, it is provided that:
. No court of the Dominion of Canada, or of
r province or territory thrruof. ahull hav .ower or iiinH
dktion to ri-0Kiae or nforc., or to rooeivo in etdnc .
. any lvpoi t nt a tmai-d, ait Maltm( anv imriion or for ny
; purpogv, except In tht Broicutlou of auili potma Cur
' Perjury. , . .:..-..,....... .,...','..,.'.
Thus the courts are' told, in plain'hinru:);r,
to. keep hands off. And . that none may, fear, to
: make a "clein breast before the board, it is still
further, provuled uia( : " ,'. .'
-' All booka, papers -anr other doemnenu or ihitif
produce 1 before tho. board, whother voluntarily nr m
: pui-uan:e to mitnipone. mav lnMiii-.-d )v rn IfMir.i,
ami aleo X'y such pai'tlei tho tard mI!o . tut un
- Inforniatloti obtained tlirK(roin almil not. ck--'.i hi
fur as the .board dee ma it eaponient.. b" n-i i !.
-.matter t ..ue-may.seaiea p. 7.
i.7-v,.Stjll further to get way from .11 .u! ' , 1'
favors of jtulitiini procedure, it i-i pr-i i 1' .tj
. - (Contixcku in j'.-mw f.'-.