A 
 
 c 
 
 
 A 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 m 
 
 
 
 4 
 
 
 4 
 
 
 
 4 
 
 
 ! 33 
 
 SNCILIATI 
 
 _ AND 
 
 B'^BITRATf 
 
 DOUGS.,\S K \OOI
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 vn. 
 
 INDUSTRIAL 
 
 CONCILIATION 
 
 AND 
 
 ARBITRATION 
 
 BY 
 
 DOUGLAS KNOOP 
 
 SHUTTLEWORTH SCHOLAR AND COBDEN 
 PRIZEMAN OF THE UNIVERSITY OF 
 
 MANCHESTER 
 
 WITH AN INTRODUCTION BY 
 
 SYDNEY J. CHAPMAN 
 
 STANLEY JEVONS PROFESSOR OF POLI- 
 TICAL ECONOMY, AND DEAN OF THE 
 FACULTY OF COMMERCE IN THE 
 UNIVERSITY OF MANCHESTER 
 
 LONDON 
 
 P. S. KING & SON 
 
 ORCHARD HOUSE 
 
 WESTMINSTER 
 
 1905
 
 HO 
 
 CONTENTS. K'7SU 
 
 PAGE 
 
 /5 INTRODUCTION. By Professor Chapman v 
 
 '^ PREFACE x\ai 
 
 C CHAPTER 
 
 c 
 
 2 I. INDUSTRIAL DISPUTES : THEIR CAUSES AND 
 
 THEIR SETTLEMENT . . . . . . 1 
 
 r II. CONCILIATION VERSUS ARBITRATION . . . . 25 
 
 ^ III. PRIVATE VERSUS GOVERNMENT CONCILIATION 
 
 _j AND ARBITRATION . . . . . . . . 37 
 
 U 
 
 ■^ IV. PRIVATE CONCILIATION AND ARBITRATION . . 45 
 
 j3 V. VOLUNTARY VERSUS COMPULSORY STATE CON- 
 
 ~ CILIATION AND ARBITRATION . . . . 82 
 
 S VI. VOLUNTARY STATE CONCILIATION AND ARBI- 
 TRATION . . , . 99 
 
 VII. COMPULSORY ARBITRATION .. .. . . H4 
 
 VIII. CONCLUSION 178 
 
 APPENDIX I :— 
 
 NOTE TO SECTION 6 OF THE INDUSTRIAL CON- 
 CILIATION AND ARBITRATION AMENDMENT 
 ACT, 1903 189 
 
 412720
 
 iv CONTENTS. 
 
 PAGE 
 
 APPENDIX II :— 
 
 WAGES AND PRICES IN NEW ZEALAND, 1892 
 
 AND 1902 190 
 
 APPENDIX III :— 
 
 LETTER OF MR. F. G. EWINGTON OF AUCKLAND 
 
 TO THE " AUCKLAND STAR " . . . . . . 193 
 
 APPENDIX IV :— 
 
 NOTE TO BIBLIOGRAPHY . . . . . . 195 
 
 BIBLIOGKAPHY 197 
 
 INDEX 235
 
 INTRODUCTION. 
 
 -O — 
 
 Studies of the sort made by Mr. Knoop 
 in this essay are more urgently needed at 
 the present time than they have been in 
 most periods of our history. In saying 
 this I am aware that the man who tries 
 to judge relatively the magnitude of the 
 problems of his own times is liable to become 
 the victim of illusion. His interest in the 
 social questions just before him imparts to 
 them a vividness and impressiveness in com- 
 parison with which the past is dull, and he is 
 led to feel, as hundreds of others have felt 
 before, that he stands on the threshold of a new 
 era. But, these considerations notwithstanding, 
 it does seem as if the present age would be 
 distinguished in history by the economic 
 changes that took place in it and the attempts 
 that were made to deal with social difficulties. 
 In the field of industry we are faced by the 
 ' trust ' which, if not new, is at least more
 
 vi INTKODUCTION. 
 
 predominating in industry than it was a 
 generation ago. Among the activities of 
 buying and selling we find again old forces 
 so transformed as to constitute new facts. 
 Many markets, through grading, organisa- 
 tion, and the telegraph, are broadening into 
 world-markets and stretching into the future, 
 and the large dealer, who is aided by im- 
 proved financiering, is being provided, there- 
 fore, with a wider field for his operations. 
 It is not England alone that is agitated by 
 the question of speculation on produce ex- 
 changes. But of all the matters that are 
 troubling advanced communities none is more 
 serious than the labour question in its 
 diverse aspects. Moreover, there is at the 
 present time an undoubted disposition on 
 the part of municipal and central govern- 
 ments to act in relation to the labour question. 
 The last few years have seen a Workmen's 
 Compensation Act adopted in this country, 
 which deals with the risks of accident on a 
 principle that is entirely novel to us ; an 
 immense system of workmen's insurance 
 undertaken by the State in Germany ; the com- 
 pulsory fixing of wages by legally authorised 
 boards in certain of our Colonies ; attempts in 
 many countries to render more peaceable 
 the settlement of wages ; and a new activity
 
 INTRODUCTION. vii 
 
 among States, local authorities, and private 
 persons to minimise the evils of unemploy- 
 ment by insurance, labour bureaux, labour 
 colonies, and other means. 
 
 Never perhaps was there greater need for 
 close studies of the social question ; for there 
 are many problems to be solved, and in an 
 age of social effort experiments will be made, 
 which, if not preceded by scientific investi- 
 gation, will be full of risk. " The present 
 age," writes Professor Marshall in his Plea for 
 the Creation of a Curriculum in Economics and 
 Associated branches of Political Science, " is 
 indeed a very critical one, full of hope but also 
 of anxiety. Economic and social forces 
 capable of being turned to good account were 
 never so strong as now ; but they have seldom 
 been so uncertain in their operation. Especially 
 is this true of the rapid growth of the power and 
 inclination of the working classes to use 
 political and semi-political machinery for the 
 regulation of industry. That may be a great 
 good if well guided. But it may work great 
 injury to them, as well as to the rest of the 
 nation, if guided by unscrupulous and ambi- 
 tious men, or even by unselfish enthusiasts with 
 narrow range of vision. Such persons have 
 the field too much to themselves. There is 
 need for a larger number of sympathetic
 
 viii INTRODUCTION. 
 
 students, who have studied working-class 
 problems in a scientific spirit, and who, in later 
 years, when their knowledge of life is deeper, 
 and their sense of proportion is more discip- 
 lined, will be qualified to go to the root of the 
 urgent social issues of their day, and to lay 
 bare the ultimate as well as the immediate 
 results of plausible proposals for social reform. 
 For instance, partly under English influence, 
 some Australasian colonies are making bold 
 ventures, which hold out specious promise of 
 greater immediate comfort and ease to the 
 workers. But very little study of these 
 schemes has been made of the same kind, or 
 even by the same order of minds as are applied 
 to judging a new design for a battleship with 
 reference to her stability in bad weather : 
 and yet the risks taken are much graver." 
 Some experiments more or less blind must 
 be tried, but it is folly not to provide for 
 the best possible preliminary analyses of the 
 situation being made, and equally folly for each 
 country to act without regard to the plans 
 being tested in other countries. 
 
 Not the least important of the labour ques- 
 tions that are pressing upon our attention at 
 the present moment is the method of settling 
 changes in wages. The satisfactory solution 
 of this problem lies at the very root of social
 
 INTRODUCTION. ix 
 
 efficiency and social peace. To determine a 
 wage authoritatively and compel its acceptance 
 is no solution, for it is essential that the 
 * right ' settlement should be reached, to insure 
 the functioning of society according to its 
 needs, and further that the various parties to 
 it should feel it to be right. Indeed, it might 
 be that the ' wrong ' solution would be best 
 for a time under some circumstances, were it 
 generally regarded as just. 
 
 The reader who is inclined to think that an 
 exaggerated weight is being attached to the 
 settlement of wages, because there were long 
 periods in the past when people lived their 
 lives comfortably enough, as a rule, without 
 thinking much of ' social problems,' would do 
 well to remember that the wages question, 
 in the complicated form in which it confronts 
 us now, is of comparatively recent origin. 
 Without overstating the simplicity of eco- 
 nomic arrangements in the ages gone by, 
 we may say with truth that every year 
 increasing division of labour, by rendering 
 it more and more impossible to assign a 
 product to each person's labour, and by 
 rendering the connection between what a 
 person does in the producing system and 
 what he gets as his share more and more 
 remote, has added to the difficulty of reaching
 
 X INTRODUCTION. 
 
 the scheme of distribution which both con- 
 duces most to social advantage and satisfies 
 each factor in production that it is receiving 
 fair treatment. Widely diffused education 
 in social economics is needed for this reason 
 alone, namely, to help people to understand 
 why they receive such and such incomes 
 and to see principles where facts seem to 
 lend support to the crudest notions of the 
 exploitation of labour. 
 
 I should like now to say a few words upon 
 the broad question of the settlement of 
 wages. There are two fundamental questions 
 at least to be decided. The one relates to 
 making the wage move in detail as the effi- 
 ciency of the individual worker and to basing 
 wages upon a system which will encourage 
 efficiency. Under this head falls the dis- 
 cussion of the advantages and disadvantages 
 of piece-rates, time-rates, premium schemes, 
 and profit-sharing, and the conditions under 
 which each in its varieties is suitable. Con- 
 tinual experiment, based on analysis and 
 close criticism of results, is required for a 
 satisfactory progressive settlement of these 
 questions. Many plans are now being given 
 trial, especially in the United States, but it is 
 doubtful whether the intelligent attention 
 which the subject demands is being devoted
 
 INTRODUCTION. xi 
 
 to it and whether it is being approached as a 
 rule in the right spirit. The problem is more 
 intricate than it at first appears, for trade- 
 union sentiment has to be taken into account, 
 prejudices have to be removed, and the 
 over-stimulation of labour, it is said, has 
 to be guarded against. The other funda- 
 mental question referred to above relates 
 to the means by which the movements of 
 wages, whatever their basis, with changed 
 conditions of trade, methods of production 
 and efficiencies of factors in production, 
 are to be rendered rapid, peaceable, and 
 appropriate. This is the question with 
 which Mr. Knoop deals more especially, 
 and of the two questions distinguished above 
 it is the more momentous, since more actual 
 conflicts break out over movements of wages 
 in this sense than over the methods of calcu- 
 lating them. 
 
 In entering upon the investigation of this 
 question certain dangers must be guarded 
 against. There is the danger of supposing 
 that society is much simpler than it is, and 
 that a group of intelligent practical men could, 
 given full evidence from interested parties, hit 
 upon the solution as easily as the mathema- 
 tician can find the value of certain expressions 
 given the requisite number of equations. This 
 
 A 2
 
 xii INTRODUCTION. 
 
 is a grave danger because, although on a 
 cursory examination a particular question of 
 wages appears to be comparatively simple, its 
 correct determination may involve a know- 
 ledge of innumerable data, much of which ia 
 not known to have an appreciable bearing upon 
 the question and most of which cannot be given 
 a quantitative form. Moreover, since a period 
 of the future is tied up by a wages settlement, 
 future forces require to be estimated. Again, 
 the data are a troubled sea of inconstant ele- 
 ments. To use an analogy, the problem is to 
 deduce from a person's constitution how much 
 food he should take each week for the next six 
 months. Who shall say ? for who shall 
 deduce from the parts of the organism their 
 joint needs now and for the next few months ? 
 Fortunately, nature solves the riddle by giving 
 to such organisms appetite. 
 
 Again, in every endeavour to decide upon the 
 best method of rearranging distribution, there 
 is the danger of proceeding too deductively. 
 There is a disposition on the part of those 
 who know something of social functioning to 
 say, ' society is of such and such a nature and 
 therefore this and that method of dealing 
 with social matters are unsuitable.' The truth 
 is that we know little about society, and 
 that the most we can establish by deduction
 
 INTRODUCTION. xiii 
 
 is a high probability. By the aid of deduction 
 we may start with certain reasonable predilec- 
 tions, but experiment may show us to be 
 wrong. There is too strong a tendency among 
 certain classes to lay it down dogmatically that 
 certain schemes will never work and perhaps 
 to exaggerate the dangers of failure. Society 
 may be delicately organised, but society never- 
 theless seems to be endowed with marvellous 
 powers of recovery. Surgery is a most flagrant 
 interference with the order of nature, but 
 people recover from radical operations and 
 are the better for them. The reader will 
 observe as he peruses the pages of this work, 
 how the danger that we are now noticing has 
 been avoided by a judicious interweaving of 
 induction and deduction. 
 
 Then there are the errors that arise from 
 arguing from one set of conditions to another 
 without introducing qualifications, from for- 
 getting the future in the present, or vice versa, 
 and from thinking of the distribution of wealth 
 merely as a question of equitable sharing. As to 
 the first of these mistakes nothing disparaging 
 to comparative studies is intended. On the 
 contrary, it is evident that Political Economy 
 will approximately complete itself only when 
 all economic uniformities have been observed 
 closely as they operate in different countries,
 
 xiv INTRODUCTION. 
 
 climes, and stages of social development. 
 The comparative investigation is always of 
 scientific value and frequently it is also of 
 direct practical value, but in basing action 
 upon it we must bear in mind that local 
 conditions are dissimilar and that empirical 
 laws must be viewed with suspicion until 
 they can be explained. 
 
 The third error enumerated at the be- 
 ginning of the preceding paragraph has en- 
 trapped many an untrained thinker. The 
 arbitrator who settles a question of distribution 
 is not determining only how so much wealth 
 shall be shared, but also, in some degree, what 
 wealth shall be produced. For relative wages 
 and profits are magnets attracting labour and 
 capital to the several businesses. It is because 
 they are magnets, and just so far as they are 
 effective magnets, and in proportion to the 
 range of classes over which each magnet 
 exercises an influence, that the settlement of 
 fundamental questions of distribution by 
 market forces is satisfactory. Unfortunately 
 the natural machinery of society works 
 stiffly, and the operations of the market 
 generate friction: hence the case for the 
 organisations that jerk the social machine 
 occasionally in order to set it working again 
 or hasten its movements, and hence the value
 
 INTRODUCTION. xv 
 
 of conciliation which keeps passions in check 
 while forces are working through bargaining 
 to the right position of equilibrium. 
 
 Lastly, I think we must be on our guard 
 against the seductions of simplicity and 
 mechanicalism. Ours is not a simple society 
 — it is so efficient because it is not — and 
 therefore a simple system of distribution 
 would seem to be impossible. Mechanical 
 the system of distribution cannot be — by 
 mechanical I mean such that the wage of a 
 man can be worked out by a few calculations 
 — because the wage of each person that suits 
 advanced division of labour is to be regarded 
 as an inexpressible function of numerous 
 variables, many of which are inexpressible. 
 Besides mechanical substitutes for natural 
 processes may easily atrophy organs that 
 society cannot safely dispense with. 
 
 In performing the grateful task of contribut- 
 ing an Introduction to Mr. Knoop's able and 
 valuable essay, it has been my object to show 
 how important the subject of the essay is, and 
 to prepare the reader's mind for the sort of 
 considerations that must be weighed before 
 judgment can be passed on the matters dealt 
 with. It has not been my purpose to show 
 how far I agree with the author's views and 
 how far I dissent from them, if I disagree at all
 
 xvi INTRODUCTION. 
 
 on any momentous point. There are many 
 no doubt who will not be prepared to accept 
 all Mr. Knoop's conclusions, but most readers I 
 think would subscribe to the statement that 
 the books of most value to us are not necess- 
 arily those with which we wholly agree. The 
 thoroughness with which Mr. Knoop has 
 sought out his material and the impartiality 
 with which he has sifted his evidence, the 
 reader will soon discover for himself. 
 
 S. J. Chapman.
 
 PREFACE. 
 
 The full title of this essay is " The Place 
 of Conciliation and Arbitration in Industrial 
 Disputes," but for short I have called it 
 " Industrial Conciliation and Arbitration." 
 
 The subject is exceedingly large, and 
 it is necessary to state, at the outset, 
 what method has been followed in writing 
 the essay, so that the reader may under- 
 stand why certain things, which may seem 
 trivial, have been included and why others of 
 undoubted importance have been omitted. 
 The whole of this essay turns upon what 
 seem to me to be the four leading principles 
 of industrial conciliation and arbitration : 
 {a) the difference between two classes of labour 
 disputes, the one arising out of the inter- 
 pretation of existing contracts, and the other 
 out of the terms of future contracts ; (6) the 
 distinction which clearly exists between con- 
 ciliation and arbitration ; (c) the contrast which
 
 xviii PREFACE. 
 
 must be made between private and State 
 conciliation and arbitration ; and lastly, (d) the 
 opposition between voluntary and com- 
 pulsory arbitration. The essay comprises 
 the theoretical discussion of these four points, 
 and copious illustrations drawn from the 
 practical working of conciliation and arbitra- 
 tion in different countries. In choosing my 
 illustrations I have first drawn as fully as 
 possible upon the material offered by the 
 United Kingdom. This I have supplemented 
 by foreign examples, which will be found to 
 be much more numerous, where legislation is 
 concerned, than in the case of private con- 
 ciliation and arbitration, where reference to 
 the United Kingdom and the United States 
 has sufficed. Indications are given in foot- 
 notes, however, as to where information con- 
 cerning other countries can be obtained. 
 My chief illustrations of compulsory arbitra- 
 tion have been taken from New Zealand, 
 but reference has also been made to the 
 New South Wales Act, in so far as it helps 
 to throw new light upon the subject. 
 
 Consideration of length has made it neces- 
 sary to omit copies of any laws or industrial 
 agreements, which might otherwise have been 
 profitably included. There is no one very 
 satisfactory collection of such documents,
 
 PREFACE. xix 
 
 the Reports of the American Industrial Com- 
 mission being perhaps the best. The indus- 
 trial agreements contained in it are all 
 American and the volume on foreign labour 
 legislation makes one or two important 
 omissions,* and the Reports consequently 
 require supplementing from other sources. 
 Whenever possible an attempt has been made 
 to indicate where such information can be 
 obtained, either in a footnote at the place 
 where the subject is dealt with in the text, 
 or in short notes attached to some of the 
 works mentioned in the bibliography. 
 
 The whole subject of the material is 
 exceedingly complicated. Two excellent 
 works deal with the period which ends about 
 1892. The Reports of the Royal Commis- 
 sion on Labour offer a large collection of 
 material, not only for the United Kingdom, 
 but also for the principal foreign countries. 
 
 * The French laws deahng with the Gonseils des Prud' 
 homines, the Itahan law of 1893 estabhshing the GoUegi di 
 Probi Viri and the Danish arbitration law of April 3rd, 1900, 
 were among those in existence at the time when the reports 
 were pubhshed. Amongst the laws passed since the pubUca- 
 tion of the reports are the following : the German law of 
 September 29th, 1901, amending the law of July 29th, 1890 ; 
 the New South Wales Industrial Arbitration Act, 1901 ; 
 the New Zealand Industrial GonciUation and Arbitration 
 Amendment Act, 1903, and the Western AustraHa Industrial 
 Conciliation and Arbitration Act, 1902 (which is almost 
 identical with the New Zealand Act).
 
 XX PREFACE. 
 
 The French Report, published by the Office 
 du Travail : " De la conciliation et de I'arbi- 
 trage dans les conflits collectifs entre patrons 
 et ouvriers en France et a I'etranger. Im- 
 primerie Nationale, Paris, 1893, 1 vol. in 
 8° de 616 pages, 6 fr.," has the advantage 
 over the other work of being less bulky 
 and less expensive.* The two reports 
 must be considered as complements 
 rather than as substitutes for one another, 
 for the information contained in both is by 
 no means identical. There are many other 
 works, besides these two reports, which deal 
 with this period, to which reference will be 
 found at different parts of the essay. 
 
 Since 1892 a large development of volun- 
 tary State conciliation and arbitration has 
 taken place, and some new features in private 
 systems and the whole question of compul- 
 sory arbitration have come to the front. 
 The natural consequence of this enormous 
 growth of industrial conciliation and arbitra- 
 tion has been a corresponding increase in the 
 literature dealing with the subject. 
 
 One general report ; t two reports of Royal 
 
 * As late as June, 1904, this report was not out of print. 
 If it is at the present time, it could probably be obtained 
 second-hand through MM. Miizard et Ebin, 26, Place Dauphine, 
 Paris ; or George Roustan, 5 and 17, Quai Voltaire, Paris; 
 
 t The Reports of the American Industrial Oommisaion.
 
 PREFACE. xxi 
 
 Commissions on compulsory arbitration ; *four 
 private reports dealing with the same 
 subject ; "j" five or six annual Government 
 publications upon the work of the year,:}: and 
 some more published at odd times ; § not 
 a few annual reports of State Boards of 
 conciliation and arbitration ; j| several official 
 monthly labour publications ;^ a certain 
 number of books on the subject ; numerous 
 
 * Report of the New South Wales Royal Gommission of 
 Inquiry into the Working of the New Zealand Compulsory 
 ConciUation and Arbitration Law, and the Report of the Vic- 
 torian Royal Gommission appointed to investigate and report 
 on the operation of the Factories and Shops Law of Victoria. 
 
 t V. S, Glark, Labour Gonditions in New Zealand ; the 
 Special Gommissioner of the Adelaide (S.A.) Advertiser, In- 
 dustrial Legislation in New Zealand : the Gonciliation and 
 Arbitration Act ; A. Metin, Legislation ouvi'iere et sociale 
 en Australie et Nouvelle-Zelande ; and H. D. Lloyd, A 
 Govmtry Without Strikes : A Visit to the Gompulsory 
 Arbitration Court of New Zealand. 
 
 X e.gi Reports on Strikes and Lockouts ; Reports on 
 Changes in Wages and Hours ; Statistique des Graves et 
 des Recours a la Gonciliation et a 1' Arbitrage ; Reports of the 
 New Zealand Department of Labour. 
 
 § c.y. Reports on Standard Piece Rates, 1893 and 1900 ; 
 Reports on Standard Time Rates, 1893 and 1900 ; Infor- 
 mation relating to Courts of Arbitration and Boards of 
 Conciliation in the United Kingdom and in certain British 
 Oolonies and Foreign Countries. Pietermaritzburg, 1904. 
 
 II e.g. Reports on the Conciliation Act, 1896 (biennial) ; 
 Reports of the New York State Board of Mediation and 
 Arbitration ; Reports of the Massachusetts State Board 
 of Arbitration ; the New South Wales Industrial Arbitration 
 Reports and Records. 
 
 ^ e.g. Labour Gazette ; Journal of the New Zealand 
 Department of Labour ; Bulletin de 1' Office du Travail 
 (France) ; Revue du Travail (Belgium);
 
 xxii PREFACE. 
 
 articles in magazines and journals, and a 
 vast number of reports of particular arbitra- 
 tions during the past twelve years, consti- 
 tute the principal sources of information for 
 the period subsequent to 1892. 
 
 In attempting to deal with all this litera- 
 ture two chief difficu^' 'es have confronted 
 me : in the first place, I have not always 
 found it possible to obtain access to all the 
 documents I should have liked to do, and 
 in the second place, there was great diffi- 
 culty in selecting from those I have seen : 
 some were evidently unimportant or far 
 too detailed for an essay like this one, others 
 were very contradictory, and from what re- 
 mained over it was by no means easy to 
 make a satisfactory choice of material. 
 A very similar difficulty was experienced 
 to that just mentioned, when trying to 
 decide exactly what should be included under 
 the head of industrial conciliation and arbi- 
 tration. After considering the matter care- 
 fully, I decided that some mention of strikes 
 and lockouts, collective bargaining, sliding 
 scales and other similar matters relating to the 
 subject of the essay must be made, though 
 such mention should be as short as possible. 
 
 Throughout this essay, whenever dealing 
 with practical conciliation and arbitration, I
 
 PEEFACE. xxiii 
 
 have attempted to indicate in footnotes all 
 the sources used in writing any particular 
 section, so that anyone wishing for further 
 details on the subject will know where 
 to find them. As already mentioned, dur- 
 ing the course of my reading I have come 
 across more indications of works dealing 
 with industrial conciliation and arbitration 
 than I have found it possible to refer to. 
 This has led me to form a bibliography of 
 all the works bearing on the subject, of 
 which I know the titles, and it will be found 
 in an appendix to this essay. To many 
 of the more important works I have added 
 short notes, indicating what the reader may 
 expect to find in them. Details of the 
 intentional omissions from the bibliography 
 will be found in the appendix. 
 
 Before passing on to the subject proper, 
 the pleasant duty remains for me to ex- 
 press my best thanks to various gentlemen 
 for facilities afforded me in writing this 
 essay, and in particular for the loan or gift 
 of reports, books and papers : — Professor 
 S. J. Chapman ; Hon. W. P. Reeves, Agent- 
 General for New Zealand ; the late Hon 
 Henry Copeland, Agent-General for New 
 South Wales ; Hon. H. B, Lefroy, Agent- 
 General for Western Australia ; Sir W. Peace
 
 xxiv PREFACE. 
 
 K.C.M.G., Agent-General for Natal ; Colonel 
 Carroll D. Wright, Commissioner of the 
 United States Department of Labour ; Mr. 
 John McMakin, Commissioner of the New- 
 York State Department of Labour ; Mr. B. 
 F. Supple, Secretary of the Massachusetts 
 State Board of Arbitration ; Mr. K. B. 
 Murray, Secretary of the London Labour 
 Conciliation and Arbitration Board; Mr. W. 
 J. Davis, Secretary of National Amalgama- 
 tion of Brass Workers ; Signor C. Hannan, 
 Director of the Commercial Museum of 
 Milan ; Mr. John Smethurst, Secretary of 
 the Federation of Master Cotton Spinners' 
 Associations; Mr. Ealph M. Easley, General 
 Secretary of the National Civic Federation of 
 America ; Mr. Frank Popplewell, B.Sc. ; and 
 Mr. F. G. Ewington, Auckland. 
 
 Since it has been decided to publish this 
 essay, which was originally prepared for the 
 Shuttleworth Scholarship at the University of 
 Manchester, I have further to express my 
 obligations to Professor Chapman for kindly 
 writing the Introduction, and to my father for 
 the great assistance given me in getting the 
 manuscript through the press.
 
 INDUSTRIAL CONCILIATION 
 AND ARBITRATION. 
 
 CHAPTER I. 
 
 INDUSTRIAL DISPUTES : THEIR CAUSES AND 
 THEIR SETTLEMENT. 
 
 " An absolutely fair rate of wages belongs to 
 Utopia." These words of a great Englisli economist* 
 really give the keynote to the whole of this essay. All 
 industrial disputes do not arise over questions of 
 wages, but nevertheless this is the predominating 
 cause of strife, as figures produced below will 
 show. There is little hope that in the immediate 
 future an entirely satisfactory solution of the newest 
 of the great economic problems, the wages problem, 
 will be found, and consequently anything, such as the 
 subject-matter of this essay: "Industrial Conciliation 
 and Arbitration," which helps to remove the difficulty, 
 is not to be considered as an object of passing interest 
 only, but rather as one of the few existing solutions 
 of the problem, however imperfect they may be, 
 which have come to stay as long as the problem itself 
 remains. It cannot be recognised too clearly that 
 the great economic problems, as we know them to-day, 
 have not existed for more than a few centuries at the 
 most, and that even at the beginning of the nineteenth 
 
 * Professor Alfred Marshall in the Preface to Price's 
 Industrial Peace, p. ix, 
 
 B
 
 2 CONCILIATION AND AEBITRATION. 
 
 century the force of custom was still often stronger 
 than the force of competition. Adam Smith clearly 
 recognised the problem of prices, Ricardo for the 
 first time correctly explained the problem of rent, 
 but it was not till well into the second half of the nine- 
 teenth century that the problem of wages received a 
 correct treatment. It must not be thought that these 
 problems did not exist before the time they were 
 correctly explained, just as the laws of gravitation 
 existed before they were explained by Newton ; 
 but whilst these latter are fundamental laws, which, 
 as far as we know, always have been and always will be 
 true, the laws governing economic phenomena have 
 varied during the course of centuries, and cannot 
 be universally applied even at the present time. 
 
 Little more than a century ago the wages problem 
 did not exist as it exists to-day, but was to a large ex- 
 tent merged in the problem of prices. The subject- 
 matter of an industrial bargain was commodities, not 
 labour. Many a workman, generally assisted by his 
 family, made the goods in his house and sold them 
 either to travelling merchants or sometimes to manu- 
 facturers, who delivered them to other workmen to 
 undergo a further process of manufacture. The only 
 point to be settled was the price to be paid for the com- 
 modities, and just as at present no seller would think of 
 denouncing a would-be purchaser as a " sweater " of 
 labour because he refuses to buy at a certain price, so 
 in the eighteenth century no workman was discon- 
 tented if a merchant refused to buy his yarn at any 
 particular price he chose to fix. Hence disputes
 
 INDUSTRIAL DISPUTES. 3 
 
 about the price to be paid did not arise, althougb of 
 course disagreements about the quality and quantity 
 of the goods delivered, might occur. 
 
 The wages problem as we know it, may be said to be 
 a child of the factory system and as this grew and as 
 the old order died out, labour was substituted for com- 
 modities in the industrial bargain. As the element 
 of custom which still existed was gradually replaced by 
 that of competition ; as the invention of machinery 
 to a large extent took away from the limited number 
 of skilled workmen the advantages they had possessed 
 over the numerous miskilled, and as even children 
 became almost their equals ; as the even balance, 
 which for centuries had existed between demand and 
 supply was rudely upset ; as the economies arising out 
 of the concentration of industry and capital in small 
 areas gradually but surely destroyed the household in- 
 dustries ; as the barrier separating management from 
 execution became greater and greater ; and, what is 
 perhaps the crucial point of the wages problem of the 
 present, as industry ceased more and more to be a 
 subsidiary employment for agriculture and attained to 
 the independent position it occupies to-day, the work- 
 man, finding himself isolated and no longer sup- 
 ported by his farm, ceased to be able to say to the 
 manufacturer — " If you will not buy at my price, 
 I will not sell at all." The workman, obliged 
 to live, had to sell his labour for what it would 
 fetch, and for a time, great as was the demand for 
 labour, the supply, swelled by the children of paupers 
 and to a large extent also by those of free labour, 
 
 b2
 
 4 CONCILIATION AND AKBITRATION. 
 
 exceeded the demand and wages for many years 
 never rose above a bare living wage. Tbis im- 
 doubtedly was the condition of wages when Ricardo 
 wrote his " Principles of Political Economy " in 1812, 
 for he considers that the amount paid to labour as 
 wages is determined by the minimum of subsistence, 
 and it is in consequence of this principle that he holds 
 in another part of his work that none of the in- 
 cidence of a tax can fall upon the labouring classes, 
 for the simple reason that the whole of their wages 
 is absolutely necessary to them for mere subsistence. 
 In so far as we are dealing with one of the most 
 subtle changes which have taken place in economics, 
 it is really impossible to fix the dates of the beginning 
 and of the end of the period of transformation and to 
 say that, before a certain date, there is a problem of 
 prices, and that, after another date, there is a 
 problem of wages. Nevertheless, just as when dealing 
 with political history it is commonly said that the 
 Eighteenth Century ended in 1789 and the Nineteenth 
 began in 1815 after the battle of Waterloo, and that 
 the intervening years were occupied by the French 
 Revolution, so we may say, when dealing with the 
 history of wages, that roughly the old system ended 
 in 1760 and the new system began in 1824, after the 
 repeal of the Combination Acts, and that the inter- 
 vening years were occupied by the Industrial Revolu- 
 tion. In 1824 also, an Act was passed to amend and 
 consolidate the laws dealing with industrial arbitra- 
 tion ; * and thus one year saw, not only the 
 * 5 Geo. IV., Ohap. 96.
 
 INDUSTRIAL DISPUTES. 5 
 
 commencement of the new problem of wages and 
 the right of labour to organise, which were so 
 closely connected, but also a fresh attempt on the 
 part of the Government to assist in the settle- 
 ment of any strikes which the new system might 
 involve. * 
 
 Ever since 1824 the close connection between the 
 wages problem, trade unionism, strikes and lockouts, 
 and industrial conciliation and arbitration has con- 
 tinued to exist, although for a long time the attempts 
 to settle industrial disputes by peaceful methods 
 were not attended with any great success. It is 
 not necessary to enter here into the history of 
 conciliation and arbitration, as this will be dealt 
 with fully further on. In this chapter, however, 
 we must still shortly consider the wages problem 
 of to-day and its relation to industrial disputes, 
 industrial disputes and their relations to trade 
 unions and employers, and lastly, trade unions 
 and employers, or associations of employers, in 
 their relation to industrial conciliation and arbi- 
 tration. 
 
 The first words of this essay were, that " an ab- 
 solutely fair rate of wages belongs to Utopia." The 
 reader may well ask himself, what an absolutely fair 
 rate of wages really is ? Professor Marshall discusses 
 this question at considerable length,"]* and as I do not 
 wish to repeat what he has said, and certainly cannot 
 
 * The legislation of both the old and the new systems 
 will be fully dealt with in Chapter VI. 
 I See Preface to Price's Industrial Peaoe.j
 
 6 CONCILIATION AND ARBITRATION. 
 
 improve upon it, I shall content myself witli taking a 
 short phrase of his and tacking on to it what I have 
 to say : " The popular notion is, that there should 
 be given a ' fair day's wage for a fair day's work.' "* 
 This sentence clearly shows us, that a fair day's wage, 
 even in the popular notion, is something mutual, so 
 that an absolutely fair rate of wages may be described 
 as one entirely satisfactory to both parties. No doubt 
 the reader will say, that there never were two men, 
 one paying and one receiving a wage, who were both 
 entirely satisfied with the arrangement ; it must be 
 remembered, that in Professor Marshall's words 
 " an absolutely fair rate of wages belongs to Utopia." 
 The ideal or absolutely fair rate of wages is one which 
 is practically never attained, and in daily life we 
 always find one party gaining an advantage at the 
 expense of the other. The advantage or disadvan- 
 tage may be very slight, but it may become so great, 
 that the party at the disadvantage refuses to continue 
 work upon those terms. The two points at which 
 the employer on the one hand and the workman on 
 the other refuse to continue work may, for brevity's 
 sake, be called the " locking out " point and the 
 " striking " point respectively. These two points 
 must be conceived as changing their position 
 according to the condition of trade, and also in the 
 case of the " striking " point in some degree according 
 to the cost of living. Thus, when a depression of trade 
 
 * The words quoted here are from a long sentence, and 
 the Uberty has been taken of altering theu' order, so as to 
 make one short sentence out of the first part of it.
 
 INDUSTRIAL DISPUTES. 7 
 
 follows a time of prosperity, wages, if tliey have re- 
 mained stationary, become more and more favourable 
 to the workpeople, or, in other words, the " locking 
 out " point is being approached, and if the work- 
 people do not consent to a reduction of wages a lock- 
 out will inevitably follow. In the same way, when trade 
 is improving, the wages paid, if they have remained 
 stationary, become more and more favourable to em- 
 ployers ; whilst on the other hand the workmen's 
 *' striking " point is steadily being reached and, 
 unless the employers concede a rise in wages, a strike 
 will follow. 
 
 The large number of industrial disputes caused 
 by unsuccessful attempts to raise or reduce wages, 
 has already been referred to and will be illustrated 
 by figures below. The cause for this must now be 
 pretty evident to the reader. When attempting 
 to make a new industrial bargain, it is exceedingly 
 difficult for each party to estimate the striking or 
 locking out points of the other party. Employers 
 and workmen each put a difierent estimate upon 
 the increase in wages, which an improvement in trade 
 will bear ; and it is exactly the same with reductions, 
 when trade is becoming depressed. Generally, each 
 party is successful in feeling whether the other 
 party will give way or not, and insists or withdraws 
 accordingly ; but in certain cases the one misjudges 
 the other, or, the employers, wishing to cut down 
 their output in times of depression, insist upon an 
 unnecessarily large reduction of wages, in order to 
 bring about a strike or lockout. The only satisfactory
 
 8 CONCILIATION AND ARBITRATION. 
 
 solution for disputes arising out of increases 
 and reductions of wages is a board of conciliation, 
 where masters and men meet in a friendly spirit and 
 quietly talk matters over. This will be referred to 
 again later in the essay, and we will now pass from in- 
 dustrial disputes caused by an alteration in the level of 
 wages to a discussion of industrial disputes in general. 
 It is most important to recognise that there are 
 two distinct classes of labour disputes. The first 
 class arises out of the interpretation of existing 
 contracts. These disputes are generally individual, 
 and are particularly suited for settlement by arbitra- 
 tion, if no settlement can be efiected by any other 
 method. The second class is caused by difficulties 
 about the terms of future contracts, and these dis- 
 putes are usually characterised by their collective 
 nature. In making future contracts, two distinct kinds 
 have to be recognised, which have been called vertical 
 and horizontal contracts. The former are concerned 
 with the relation which the wage of any one class of 
 workmen bears to itself at difierent times ; the latter 
 are concerned with the relation which the wage of 
 one class of workmen bears to that of another at any 
 given time. Though the horizontal contract is some- 
 times a source of trouble, it is generally the vertical 
 movement which leads to disputes. It will be easily 
 seen that disputes of the second class are not suit- 
 able for decision by arbitration ; and, shortly, the 
 distinction between the two classes may be well ex- 
 pressed by saying, that the former is of a judicial 
 and the latter of an essentially legislative character.
 
 INDUSTRIAL DISPUTES. 9 
 
 From the nature of industrial disputes it re- 
 quires a small step only to turn to the number of the 
 
 TABLE SHOWING THE NUMBER OF STRIKES AND 
 LOCKOUTS IN THE UNITED KINGDOM, 1894-1903.* 
 
 
 Number of 
 
 Workpeople 
 
 
 Year. 
 
 Disputes. 
 
 Affected. 
 
 Days Lost. 
 
 1894 
 
 929t 
 
 325,248t 
 
 9,529,010t 
 
 1895 
 
 745t 
 
 263,1231 
 
 5,724,670t 
 
 1896 
 
 926t 
 
 198,1901 
 
 3,746,368t 
 
 1897 
 
 8G4 
 
 230,267 
 
 10,345,523 
 
 1898 
 
 711 
 
 253,907 
 
 15,289,478 
 
 1899 
 
 719 
 
 180,217 
 
 2,516,416 
 
 1900 
 
 648 
 
 188,538 
 
 3,152,694 
 
 1901 
 
 642 
 
 179,546 
 
 4,142,287 
 
 1902 
 
 442 
 
 256,667 
 
 3,479,255 
 
 1903 
 
 387 
 
 116,901 
 
 2,338,668 
 
 * Compiled from the Annual Reports on Strikes and 
 Lockouts. 
 
 f It is only since 1897 that disputes involving fewer than 
 10 workpeople and those which lasted less than one day have 
 been omitted, except when the aggregate duration exceeded 
 100 working days. The figures quoted above are those 
 altered to the new basis, as given in the Report on Strikes 
 and Lockouts for 1899. The original figures for 1894, 5 and 
 6 were as follows : — 
 
 Year. 
 
 No. of 
 Disputes. 
 
 Workpeople 
 AfEected. 
 
 Days lost. 
 
 1894 
 1895 
 1896 
 
 1,061 
 
 876 
 
 1,021 
 
 324,245 
 263,758 
 198,687 
 
 9,322,096 
 5,542,652 
 3,748,525 
 
 It is also very possible that after the original reports were 
 pubhshed, new iaformation came to hand, and that this was 
 embodied ia the revised figures,
 
 10 CONCILIATION AND ARBITRATION. 
 
 TABLES SHOWING THE NUMBER OF TRADE DISPUTES 
 TERMINATED IN GERMANY AND THE METHODS 
 OF ADJUSTMENT, 1899-1903.* 
 
 
 1899. 
 
 1900. 
 
 1901. 
 
 1902. 
 
 1903. 
 
 No. of trade dis- 
 
 
 
 
 
 
 putes terminated 
 
 1,311 
 
 1,468 
 
 1,091 
 
 1,106 
 
 1,444 
 
 No. of work- 
 
 
 
 
 
 
 people affected 
 
 116,486 
 
 141,121 
 
 68,191 
 
 70,696 
 
 135,522 
 
 Method of adjust- 
 
 
 
 
 
 
 ment : — 
 
 
 
 
 
 
 Direct agree- 
 
 
 
 
 
 
 ment between 
 
 
 
 
 
 
 the parties 
 
 542 
 
 635 
 
 392 
 
 413 
 
 *56 
 
 Intervention of 
 
 
 
 
 
 
 trade organi- 
 
 
 
 
 
 
 sations - 
 
 206 
 
 233 
 
 170 
 
 186 
 
 338 
 
 Industrial courts 
 
 
 
 
 
 
 acting as boards 
 
 
 
 
 
 
 of conciliation 
 
 65 
 
 45 
 
 32 
 
 43 
 
 55 
 
 * Compiled from the German Reports " Streiks imd Aus- 
 sperrungen (Statistik des Deutschen Riechs)" which have been 
 published annually since 1899, and which are quoted in the 
 Labour Gazette. 
 
 TABLE SHOWING THE NUMBER OF STRIKES AND 
 LOOKOUTS IN FRANCE, 1894-1903.* 
 
 Year. 
 
 Number of 
 Disputes. 
 
 Workpeople 
 Affected. 
 
 Days Lost. 
 
 1894 
 
 391 
 
 54,576 
 
 1,062,480 
 
 1895 
 
 406 
 
 45,809 
 
 617,669 
 
 1896 
 
 476 
 
 49,851 
 
 664,168 
 
 1897 
 
 356 
 
 68,875 
 
 780,944 
 
 1898 
 
 368 
 
 82,065 
 
 1,216,306 
 
 1899 
 
 744 
 
 177,081 
 
 3,550,734 
 
 1900 
 
 903 
 
 222,769 
 
 3,761,227 
 
 1901 
 
 523 
 
 111,414 
 
 1,862,050 
 
 1902 
 
 512 
 
 212,704 
 
 4,675,081 
 
 1903 
 
 571 
 
 123,957 
 
 2,443,219 
 
 * Compiled from " Statistique des Greves et des Recours k 
 la Conciliation et ^ I'Arbitrage." Office du Travail, annually ; 
 and quoted in the Abstract of Foreign Labour Statistics and 
 the Labour Gazette. x
 
 INDUSTRIAL DISPUTES. 
 
 11 
 
 TABLE SHOWING THE NUMBER OF STRIKES IN THE 
 UNITED STATES, 1891-1900.* 
 
 
 
 Number of 
 
 Employees 
 
 Average 
 
 Year. 
 
 Strikes. 
 
 Establish- 
 
 thrown out of 
 
 Duration. 
 
 
 ments. 
 
 Employuieut. 
 
 (Days). 
 
 1891 
 
 1,717 
 
 8,116 
 
 298,939 
 
 34-9 
 
 1892 
 
 1,298 
 
 5,540 
 
 206,671 
 
 23-4 
 
 1893 
 
 1,305 
 
 4,555 
 
 265,914 
 
 20-6 
 
 1894 
 
 1,349 
 
 8,196 
 
 660,425 
 
 32-4 
 
 1895 
 
 1,215 
 
 6,973 
 
 392,403 
 
 20-5 
 
 1896 
 
 1,026 
 
 5,462 
 
 241,170 
 
 22-0 
 
 1897 
 
 1,078 
 
 8,492 
 
 408,391 
 
 27-4 
 
 1898 
 
 1,056 
 
 3,809 
 
 249,002 
 
 22-5 
 
 1899 
 
 1,797 
 
 11,317 
 
 417,072 
 
 15-2 
 
 1900 
 
 1,779 
 
 9,248 
 
 505,066 
 
 23-1 
 
 TABLE SHOWING THE NUMBER OF LOCKOUTS IN THE 
 UNITED STATES, 1891-1900.* 
 
 Year. 
 
 Number of 
 Lockouts. 
 
 Number of 
 Establish- 
 
 Employees 
 throwia out of 
 
 Average 
 Duration. 
 
 
 ments. 
 
 Employment. 
 31,041 
 
 (Days). 
 
 i»ji 
 
 69 
 
 546 
 
 37 
 
 8 
 
 1892 
 
 61 
 
 716 
 
 32,014 
 
 72 
 
 
 
 1893 
 
 70 
 
 305 
 
 28,842 
 
 34 
 
 7 
 
 1894 
 
 55 
 
 875 
 
 29,619 
 
 39 
 
 7 
 
 1895 
 
 40 
 
 370 
 
 14,785 
 
 32 
 
 3 
 
 1896 
 
 40 
 
 51 
 
 7,668 
 
 65 
 
 1 
 
 1897 
 
 32 
 
 171 
 
 7,763 
 
 38 
 
 6 
 
 1898 
 
 42 
 
 164 
 
 14,217 
 
 48 
 
 8 
 
 1899 
 
 41 
 
 323 
 
 14,817 
 
 37 
 
 5 
 
 1900 
 
 60 
 
 2,281 
 
 62,653 
 
 265-1 
 
 same. In recent years tlie importance of strikes and of 
 their influence, has been so well recognised, that in all 
 four of the greatest industrial countries — the United 
 Kingdom, the United States, Germany and France — 
 ofl&cial reports are periodically published dealing 
 with the same. I On the preceding pages I have 
 
 * Compiled from the 10th and 16th Annual Reports of the 
 U.S. Commissioner of Labour. 
 
 t The English Reports on Strikes and Lockouts have been 
 published annually since 1888. The French Reports, 
 " Statistique des Greves et des Recours a la Conciliation et a
 
 12 CONCILIATION AND ARBITRATION. 
 
 quoted some of the more recent figures for eacli of 
 these countries. Unfortunately, the manner in which 
 the statistics are quoted difiers in the various countries, 
 so that comparison becomes difficult. It is not even 
 possible to compare the number of disputes in the 
 different countries, for after allowing for the size 
 of the industrial populations, it is probable that 
 what is included under the head of strikes and 
 lockouts in one country, is omitted as too small 
 and unimportant in another ; and besides this, 
 the completeness of the figures for the difierent 
 countries is very liable to differ. All that can be 
 compared are the figures for any one country in 
 difierent years, and as that is done in the con- 
 cluding chapter, where an attempt is made to show 
 whether peaceful methods of settling disputes is 
 on the increase or not, I shall not dwell upon this 
 question here, but shall content myself with pointing 
 out one or two of the more striking characteristics 
 
 r Arbitrage," have appeared annually since 1893 ; but ever 
 since 1852 attempts have been made to estimate officially 
 the number of strikes, though only from 1882 onwards can 
 the figures be said to be rehable. The German pubhcation, 
 " Streiks und Aussperrungen(Statistik des Deutschen Reichs)'' 
 commenced in 1899 only and has appeared annually since. 
 In the United States strikes and lockouts are dealt with 
 periodically in the Annual Reports of the Commissioner of 
 Labour. The 3rd Report, issued in 1888, dealt with the 
 strikes and lockouts from 1881-1880. The Report of 1894 
 brought these figures down to June 1894 and the 16th Report, 
 published in 1901, deals with the disputes from June 1894 
 till December 31st 1900. It may be mentioned, by the 
 way, that the German Reports give figures only for the dis- 
 putes terminated in any one year, and in America the figures 
 for strikes and lockouts are quoted separately.
 
 INDUSTRIAL DISPUTES. 13 
 
 which the figures reveal. In the case of the 
 statistics for the United Kingdom, one cannot fail 
 to notice the very large number of days lost in 
 some years. The explanation generally is, that the 
 figures have been enormously increased by one or 
 two particularly big strikes.* In 1894, for example, 
 70,000 Scotch coal miners were on strike for an 
 aggregate duration of working days of no fewer than 
 5,600,000. In 189.5, 46,000 boot and shoe opera- 
 tives lost 1,564,000 days, whilst during 1897 and 
 1898, 47,500 engineers were on strike for an aggregate 
 duration of, approximately, 6,850,000 days. In 1898, 
 100,000 South Wales coal miners lost 11,650,000 
 days, and again in 1902, 102,612 pit lads and other 
 colliery workers from the Federated districts lost 
 872,000 days. These few strikes explain to a large 
 extent the height of the United Kingdom strike 
 statistics. The French figures, on the other hand, 
 seem to show that France is remarkably free from 
 large disputes. In Germany there appear to be a 
 large number of strikes, each involving on an average 
 only very few people. The United States figures 
 fluctuate in a very high degree, and the abnormal 
 number of lockouts of great duration in 1900 is 
 particularly noticeable. 
 
 It is really quite impossible in a few short para- 
 graphs to deal adequately with a subject like strikes 
 and lockouts, and no attempt is made to do so, but 
 
 * A complete list of the great disputes of the United 
 ICingdom from 1888 till 1902 will be fouud in an appendix 
 to the Report on Strikes and Lockouts for 1903.
 
 T4 CONCILIATION AND ARBITRATION. 
 
 a word about them had necessarily to be introduced 
 into an essay, the subject-matter of which is a solution 
 for industrial disputes. From our point of view, 
 however, it is more important to understand the 
 causes which lead to strikes, than their numbers ; as 
 before any remedy of an evil can be discussed, it is 
 necessary to know the cause of the evil. The statistics 
 quoted on the next pages refer to the causes of 
 disputes in the United Kingdom only, but as far as the 
 importance of the question of wages is concerned, 
 they may be taken as typical of all great industrial 
 countries. 
 
 TABLE SHOWING THE CAUSES OF THE DISPUTES 
 IN THE UNITED KINGDOM AND THE NUMBER 
 OF WORKMEN DIRECTLY AFFECTED, 1899-1903.* 
 
 Principal Cause. t 
 
 Number of Workpeople directly affected by 
 Disputes beginning in : 
 
 1899 
 
 1900 
 
 1901 
 
 1902 
 
 1903 
 
 Wages : 
 For increase 
 Against decrease - 
 Otlier - - - - 
 
 73,696 
 
 6,826 
 
 14,129 
 
 57,269 
 7,385 
 
 18,249 
 
 19,886 
 14,852 
 24,127 
 
 15,208 
 26,053 
 15,472 
 
 14,412 
 12,019 
 23,126 
 
 Total - 
 
 94,651 
 
 82,903 
 
 58,865 
 
 56,733 
 
 49,557 
 
 Hours of labour : 
 For decrease 
 Otlier - - - - 
 
 1,069 
 
 2,788 
 
 487 
 231 
 
 1,464 
 2,734 
 
 203 
 2,841 
 
 99 
 
 4,009 
 
 Total - 
 
 3,857 
 
 8,187 
 
 17,895 
 
 5,130 
 
 8,338 
 
 718 
 
 4,198 
 
 3,044 
 
 4,108 
 
 Employment of particular 
 
 classes or persons - 
 Working arrangements 
 Trade unionism 
 Other causes - 
 
 10,427 
 
 18,976 
 
 19,573 
 
 2,568 
 
 10,524 
 
 23,185 
 
 11,531 
 
 3,134 
 
 11,436 
 
 19,849 
 
 25,489 
 
 273 
 
 7,822 
 
 13,609 
 
 17,602 
 
 817 
 
 Grand total - 
 
 138,058 
 
 135,145 
 
 111,437 
 
 116,824 
 
 93,515 
 
 * Compiled from the Annual Reports on Strikes and Lock- 
 outs. 
 
 ■\ Examples of the classification of the causes of strikes 
 and lockouts will be found in the Report on Strikes and 
 Lockouts for 1903, pp. 122-4;
 
 INDUSTRIAL DISPUTES. 
 
 15 
 
 TABLE SHOWING THE CAUSES OF DISPUTES IN THE 
 UNITED KINGDOM AND THE PERCENTAGE OF 
 THE TOTAL NUMBER OF WORKMEN DIRECTLY 
 AFFECTED BY THEM, 1899-1903.* 
 
 Principal Cause. 
 
 Percentage of Total Number of 
 Workpeople directly affected 
 by Disputes beginning in : 
 
 
 1899 
 
 1900 
 
 1901 
 
 1902 
 
 1903 
 
 Wages - - - - 
 Hours of labour 
 Employment of particu- 
 lar classes or persons 
 Working arrangements - 
 Trade unionism - 
 Other causes 
 
 68 
 3 
 
 6 
 
 13 
 
 4 
 
 6 
 
 61 
 
 1 
 
 8 
 14 
 14 
 
 2 
 
 53 
 4 
 
 9 
 21 
 10 
 
 3 
 
 49 
 3 
 
 10 
 
 17 
 
 21 
 
 
 
 53 
 4 
 
 8 
 15 
 19 
 
 1 
 
 Total - 
 
 100 
 
 100 
 
 100 
 
 100 
 
 100 
 
 * Calculated from figures compiled from the Annual Reports 
 on Strikes and Lockouts. 
 
 TABLE SHOWING THE PERCENTAGE OF THE TOTAL 
 NUMBER OF DISPUTES IN THE UNITED KINGDOM 
 DUE TO DIFFERENT CAUSES, 1899-1903.t 
 
 
 Percentage of the Total Number 
 
 
 of Disputes due to different 
 
 
 Causes in : 
 
 
 Principal Cause. 
 
 
 
 
 
 
 
 
 
 1899 
 
 1900 
 
 1901 
 
 1902 
 
 1903 
 
 Wages 
 
 64 
 
 67 
 
 63 
 
 60 
 
 60 
 
 Hours of labour - 
 
 2 
 
 1 
 
 5 
 
 5 
 
 4 
 
 Employment of particu- 
 
 
 
 
 
 
 lar classes or persons - 
 
 14 
 
 15 
 
 13 
 
 13 
 
 14 
 
 Working arrangements 
 
 10 
 
 9 
 
 11 
 
 14 
 
 15 
 
 Trade unionism 
 
 6 
 
 7 
 
 6 
 
 7 
 
 6 
 
 Other causes 
 
 4 
 
 1 
 
 2 
 
 1 
 
 1 
 
 Total 
 
 100 
 
 100 
 
 100 
 
 100 
 
 100 
 
 ■j- Calculated from figures compiled from the Annual Re- 
 ports on Strikes and Lockouts.
 
 16 CONCILIATION AND AEBITRATION. 
 
 It will be noticed that the figures quoted above, 
 show, on the one hand, the number of workmen 
 directly affected by disputes due to different causes, 
 and on the other hand, the percentage of the total 
 number of disputes due to different causes. For 
 purposes of comparison the first table has also been 
 expressed in percentages of the total number of 
 workmen directly affected. The two latter tables agree 
 in indicating " wages " as by far the most important 
 cause of disputes ; with regard to the importance of 
 the other causes the two tables differ considerably. 
 According to the number of disputes " employment 
 of particular classes or persons " is the most impor- 
 tant cause after " wages," and " working arrange- 
 ments " and " trade unionism " come next. Ac- 
 cording to the number of workpeople directly affected, 
 " working arrangements " are the most important 
 cause after " wages," and these are closely followed 
 by " trade unionism," and at a considerable distance 
 by " employment of particular classes or persons." 
 As this is not an essay on strikes, it is unnecessary to 
 discuss to which table most importance must be 
 attached, and the chief object of introducing the 
 question will have been fulfilled, if it is clear to the 
 reader that the question of wages ia the predominating 
 cause of strikes and lockouts. 
 
 " Trade unionism," the reader will have seen, figures 
 directly in the causes of disputes given above. In- 
 directly, however, a trade union was probably at the 
 bottom of almost every strike; for organisation on the 
 part of the workmen is essential,if they wish to have a
 
 INDUSTRIAL DISPUTES. 17 
 
 moderate chance of success in industrial warfare. 
 But it is more interesting for us to note, that trade 
 organisations are just as essential to successful ar- 
 bitration and conciliation as they are to successful 
 industrial war. This proposition sounds distinctly 
 contradictory, but really it is not so ; for a strong 
 trade union is not only of assistance in a strike, but 
 is also the first to appreciate the desirability of 
 settling disputes by conciliation and arbitration, 
 and is in the best position to see that awards are 
 carried out. To use the words of a well-known 
 arbitrator : * 
 
 " Unorganised labour, the new union, the employer, 
 who though old in years, first meets a labour trouble 
 and who has not learnt that ' war is hell ' — such do not 
 need arbitration. They believe they can win out and 
 are quite sure to have nothing to arbitrate. In proportion 
 as the contestants learn to respect the ability of the 
 opponent to inflict injury and appreciate that victories 
 are expensive, they will be willing to arbitrate, provided, 
 of course, they have confidence in the tribunal proposed." 
 
 On the whole Trade Unions have been warm 
 advocates of conciliation and arbitration for many 
 years. This is clearly shown by the numerous 
 resolutions passed at the Trades Union Congresses, 
 which have been held annually since 1868.f Further, 
 
 * Warrcan A. Reed, Chairman of the Massachusetts Board of 
 Conciliation, in an article published in Peters' s " Labour and 
 Capital.'' 
 
 t As an example, the following resolution, passed at the 
 9th Trades Union Congress in 1876 may be quoted : " That 
 this meeting, recognising the benefits conferred on many of 
 
 C
 
 18 CONCILIATION AND ARBITRATION. 
 
 tlie rules of many Trade Unions provide that 
 all peaceful methods of effecting a settlement must 
 be exhausted before a strike is declared. There is 
 also no lack of evidence to show the opinions of 
 prominent individual trade unionists, who are 
 almost wholly favourable to conciliation and arbi- 
 tration. I shall limit myself here to quoting three 
 recent expressions of opinion of English Trade 
 Union officials. Mr. T. A. Flynn, of the Amalga- 
 mated Society of Tailors, says : "I am in favour of 
 all or any kinds of organisation, which shall tend 
 to rob strikes of their brutality and which shall 
 give reason and right fair play in industrial dis- 
 putes." * In the opinion of Mr. W. Dyson, of the 
 Amalgamated Papermakers' Union, " anything tend- 
 ing towards the settlement of disputes without re- 
 sorting to strikes, must commend itself to all con- 
 cerned." -f- 
 
 Mr. C. W. Bowerman, of the London Society of 
 Compositors, expresses himself as follows : "I 
 should welcome in England any movement having 
 for its object the bringing together of employers and 
 employed for the purpose of settling the terms and 
 
 our great industries by the adoption of the principles of 
 arbitration and conciliation, pledges itself to make every 
 endeavour to extend the application of those principles to 
 cases of dispute, in which there may be a prospect of peace- 
 ful settlement by such means." 
 
 * Report of the Mosely Industrial Commission, p, 160t 
 
 t Report of the Mosely Industrial Commission, p, 220,
 
 INDUSTRIAL DISPUTES. 19 
 
 conditions of employment or of amicably arranging 
 disputed points. " * 
 
 Having assured ourselves of the favourable light 
 in which trade unions regard conciliation and arbi- 
 tration, we must next consider how far they are 
 able to see the awards carried out. The responsiblity 
 of unions to do this is an entirely moral one. Trade 
 Unions recognise from long experience, that if they 
 wish to retain the respect of their employers, they 
 must carry out their agreements, and the force of 
 public opinion also tends to oblige them to do this. 
 The question of enforcing awards is exceedingly 
 difficult and various proposals, from compul- 
 sion downwards, have from time to time been made. 
 There will be reason to refer to this question fre- 
 quently during the course of the essay, but it may 
 just be mentioned here, that in some observations 
 appended to the Reports of the Royal Commission on 
 Labour, the incorporation of Trade Unions was 
 suggested as a remedy. As this question does not, 
 strictly speaking, enter into the subject-matter of 
 
 * Report of the Mosely Industrial Commission, p. 232. 
 
 The organisation of which these three trade unionists are 
 thinking when writing their reports, is the National Civic 
 Federation of America, of which details will be given below 
 on page 73 ; at the same place a copy of a document dealing 
 with the Federation will be found, which was signed by all 
 the members of the Mosely Commission. 
 
 The best collections of the opinions of English and Ameri- 
 can trade miionists on the subject of conciliation and arbitra- 
 tion, besides the report of the Mosely Industrial Commis- 
 sion, are the reports of the Royal Commission on Labour, 
 the reports of the American Industrial Commission and the 
 reports and publications of the National Civic Federation i 
 
 c2
 
 20 CONCILIATION AND ARBITRATION. 
 
 this essay, I shall not discuss the pros and cons here, 
 but shall refer to the fact only, that trade unions 
 and employers can, at the present day, if they so wish, 
 enter into an agreement to be pecuniarily liable for 
 a breach of an award, as has happened in the Lei- 
 cester Boot and Shoe Trade ; * it is also generally 
 admitted that few arbitration awards have been 
 broken by Trade Unions, the moral responsibility of 
 the larger unions, in any case, usually being quite 
 sufi&cient to prevent a repudiation. f 
 
 After discussing at some length the attitude of 
 Trade Unions towards conciliation and arbitration 
 and their influence in upholding awards, we may 
 next turn our attention to the employers and examine 
 
 * This point will be discussed more fully on page 60. 
 
 •j- For information about the incorporation of Trade 
 Unions the reader may consult in the Fifth and Final Report 
 of the Royal Commission on Labour, part I, the observations 
 appended to the report by the Chairman (the Duke of Devon- 
 shire), Mr. David Dale, Sir Michael E. Hicks Beach, Mr, 
 Leonard H. Courtney, Sir Frederick Pollock, Mr. Thomas H. 
 Ismay, Mr. Geo. Livesey, and Mr. Wm. Turnstill, pp. 115-9, 
 and the Minority Report of Messrs. W. Abraham, M. Austin, 
 J. Mawdsley and Tom Mann, pp. 127-47. Oilman deals 
 with the subject at considerable length in his " Industrial 
 Peace," pp. 149-197. The best collection of recent opinion 
 will be found in the Monthly Review, the publication of the 
 National Civic Federation, for April, 1903, where the opinions 
 of employers, wage eai-ners, the general pubUc, and the mem- 
 bers of the Bar in particular, are all represented. An article 
 in the Edinburgh Review, January, 1900, strongly favours 
 the assumption by trade associations of a legal personality.- 
 What the incorporation of trade unions would really in- 
 volve is well shown by Clement Edwards in the Nineteenth 
 Century, Feb, 1902 : " Should Trade Unions be incor- 
 porated ? ''
 
 INDUSTRIAL DISPUTES. 
 
 21 
 
 their attitude. There can be little doubt that among 
 the early diflficulties of conciliation and arbitration 
 was the unwillingness of employers to recognise 
 Trade Unions. This is now no longer so, and em- 
 ployers have come to recognise that organisation on 
 the part of the workmen is essential to successful 
 negotiations. It has now often come to the point 
 where employers themselves form an organisation, in 
 order to be able to deal better with the Trade Unions, 
 According to Mr. M'Pherson,* the men even prefer 
 to deal with employers organised into an association 
 
 TABLE SHOWING THE NUMBER OF ASSOCIATIONS OF 
 EMPLOYERS AT THE BEGINNING OF 1902 AND 
 OF TRADE UNIONS AT THE END OF 1901 IN THE 
 UNITED KINGDOM. t 
 
 
 Associations of Employers. 
 
 
 Trades. 
 
 Federa- 
 tions & 
 National 
 Associa- 
 tions. 
 
 Local 
 Associa- 
 tions. 
 
 Total. 
 
 Trade 
 Unions. 
 
 Building 
 
 Mining and Quarrying - 
 
 Metal, Engineering and 
 
 Shipbuilding 
 Textile 
 Clothing 
 Miscellaneous 
 
 24 
 2 
 
 3 
 
 4 
 
 4 
 
 15 
 
 390 
 34 
 
 95 
 
 46 
 
 62 
 
 169 
 
 414 
 36 
 
 98 
 
 50 
 
 66 
 
 184 
 
 125 
 
 59 
 
 263 
 243 
 
 48 
 498 
 
 Grand Total 
 
 52 
 
 796 
 
 848 
 
 1,236 
 
 * Bulletin of the United States Department of Labour, 
 No. 28, p. 459. 
 
 t Compiled from the Ninth Abstract of Labour Statistics 
 of the United Kingdom, 1901-2.
 
 22 CONCILIATION AND ARBITRATION. 
 
 rather than with individual masters. " The former 
 are regarded as more liberal and less selfish 
 than the latter, and much personal bitterness is 
 eliminated." Whether the men favour organisa- 
 tions among employers or not, it is quite certain 
 that they should tend to encourage conciliation and 
 arbitration, for the greater the respect one party has 
 for the fighting powers of the other and the more 
 each sees that defeat is about as likely as victory, 
 the more will arbitration be substituted for war. 
 
 Figures are quoted above showing the number of 
 associations of employers in various trades and the 
 corresponding number of Trade Unions. For pur- 
 poses of comparison I give the number of Trade 
 Boards in the United Kingdom in 1903.* 
 
 Building Trades 50 
 
 Mining and Quarrying - - - 21 
 
 Metal, Engineering and Shipbuilding - 35 
 
 Textile Trades 3 
 
 Clothing Trades 22 
 
 Miscellaneous Trades - - - - 11 
 
 Total 142 
 
 These figures must not be taken as complete 
 indications of the extent to which peaceful methods 
 of settling disputes exist in the different trades. 
 In the cotton industry, for example, no per- 
 manent Board exists, and whenever any point of 
 dispute arises, the officials of the local associations 
 
 * The figures are compiled from the Directory of In- 
 dustrial Associations in the United Kingdom in 1903, of 
 which^the Board of Trade published a 3rd edition in 1903.
 
 INDUSTRIAL DISPUTES. 23 
 
 generally arrange matters, and exactly the same 
 happens in other industries. It must also be re- 
 membered, that a large majority of the existing 
 Boards never settle any cases at all during the 
 course of a year.* 
 
 In this chapter many points have been dealt with; 
 the recent growth of the wages problem ; the impos- 
 sibility of an absolutely fair rate of wages, and the 
 consequent importance of the question of wages as a 
 cause of disputes ; the existence of two distinct 
 classes of industrial disputes, the one arising out of 
 the interpretation of existing contracts, and the 
 other out of the terms of future contracts ; the 
 number of strikes and lockouts in different countries ; 
 an analysis of the causes of industrial disputes, and 
 the relation of organised employees and employers to 
 strikes and to conciliation and arbitration. There 
 just remains to be emphasised the fact that strikes 
 and lockouts are very costly, and that they very often 
 not only influence the parties immediately concerned 
 in them, but also many of the general public. It is 
 usually this latter point which is brought forward as 
 the justification of compulsory arbitration ;t there 
 will be, however, an occasion to enter fully into this 
 later on '. and here it suffices to say that many do not 
 
 * The number of Trade Boards settling cases in 1903 was 
 sixty. The figures for the last ten years will be found on 
 page 54, 
 
 f See Reeves, State Experiments in Austraha and New 
 Zealand, and the writings of other staimch upholders of 
 compulsory arbitration, as, for example, B. R. Wise and H. D. 
 Lloyd.
 
 24 CONCILIATION AND ARBITRATION. 
 
 consider the costliness or the wide-spreading influence 
 of strikes the sole, or even the primary, justifica- 
 tion of conciliation and arbitration, for the very 
 nature of the wages problem itself, requiring, as it 
 does, quiet discussion by clearsighted, coolheaded 
 and moderate men, proves the necessity of concilia- 
 tion, and possibly of arbitration. We may now enter 
 upon a general discussion of this subject, and in the 
 first place the importance of the distinction between 
 conciliation and arbitration will be fully explained.
 
 CONCILIATION v. ARBITRATION. 25 
 
 CHAPTER II. 
 CONCILIATION v. ARBITRATION. 
 
 At the outset it will be as well clearly to define 
 tlie terms which are to be used in this chapter, so as 
 to avoid confusion as far as possible. Arbitration 
 has been defined as "an authoritative decision of an 
 issue, as to which the parties have failed to agree, 
 by some person or persons other than the parties." 
 Conciliation, on the other hand, is " the discussion 
 and settlement of a question between the parties 
 themselves, or their representatives, who are actually 
 interested." It is also necessary to understand 
 two other terms which frequently occur in the litera- 
 ture of conciliation and arbitration. " Mediation," 
 strictly speaking, is " the intervention of some outside 
 person or body with a view of bringing together the 
 parties to a dispute in conciliatory conferences." 
 The word is much used in America*, though very 
 often simply in the sense of conciliation!. " Collective 
 
 * e.g. the New York State Board of Mediation and Arbitra- 
 tion is the name of one of the best known Government Boards 
 in America. 
 
 f An example of this will be fomid in a table in Vol.- XVII 
 of the Reports of the American Industrial Commission, 
 quoted on page 142 of the essay, where the number of cases 
 of successful and unsuccessful mediation is given, quite 
 apart from the action taken by the initiative of^the board*
 
 26 CONCILIATION AND AKBITRATION. 
 
 Bargaining " is a term first invented by Mr. and Mrs. 
 Webb*, and is used to signify " the process by which 
 the general terms of the labour contract itself are 
 determined by negotiation directly between the 
 employers, or employers' associations, and organised 
 working men." When one remembers that all 
 piece rate scales and all sliding scales are examples 
 of collective bargaining, it is not difficult to under- 
 stand that this form of contract is very common. 
 A collective bargain, however, requires a certain 
 amount of regulation, and some system of joint 
 committees or conferences is generally organised at 
 the same time as the contract is made. These wages 
 boards, or whatever else one chooses to call them, 
 although very often, strictly speaking, not boards of 
 conciliation and arbitration, may easily be confused 
 with such, and for all practical purposes may be 
 treated as such. Having pointed out of what 
 collective bargaining really consists, no further 
 attempt will be made in this essay to distinguish it 
 from conciliation and arbitration. 
 
 The confusion between mediation and conciliation 
 has already been referred to above ; it must be 
 further mentioned here, that conciliation and arbitra- 
 tion are also very often confused. It is not at all 
 uncommon to find the word arbitration used to in- 
 clude what is in reality conciliation and media- 
 tion. There is also a good deal of justification for 
 this broad use of the term ; one thing very easily 
 
 * There is a very good chapter on the subject in their In- 
 dustrial Democracy.
 
 CONCILIATION v. ARBITRATION. 27 
 
 passes over into tlie other. After the " mediation " 
 of a third party has been successful and a conference 
 has been arranged, an independent chairman is 
 generally appointed. If he tries merely to induce the 
 two parties to come to an agreement, "conciliation" 
 takes place, but if he has a casting vote, it is practi- 
 cally " arbitration." The distinction between con- 
 ciliation and arbitration is so closely associated with 
 their respective advantages and disadvantages, that 
 further discussion of the point is unnecessary here ; 
 it has only been mentioned as a warning to the 
 reader, not to think that "arbitration," "conciliation," 
 and " mediation" are used by all writers in the sense 
 in which they were defined at the beginning of this 
 chapter. 
 
 Everybody practically understands that boards 
 of conciliation, where employers and workmen meet 
 to talk over subjects of dispute, are valuable means 
 of maintaining industrial peace. The other very 
 excellent efiects of the boards generally come in for 
 very slight recognition only. People do not usually 
 appreciate the splendid service rendered by the boards 
 as educators. It is by frank and free intercourse at 
 the meetings of the board that employers and work- 
 men learn to know each other, their respect and 
 esteem for one another is increased, and mutual con- 
 fidence is encouraged. The workmen begin to 
 appreciate the infinite complexity of the problem 
 of distribution, and also that wages are not deter- 
 mined by employers but by economic forces acting 
 through them ; on the boards, workmen are often in
 
 28 CONCILIATION AND ARBITRATION. 
 
 a position to obtain a correct knowledge of the needs 
 of a trade, and if they see for themselves that facts 
 require a reduction of wages, the chances of a strike 
 occurring are very greatly reduced. Employers, on 
 their part, come to look at the human side of busi- 
 ness and learn to understand, often for the first time, 
 that what appear to them to be but unimportant 
 trivialities, may affect the whole future of many 
 families ; their outlook is widened and they appreciate 
 better their responsibilities as employers. Boards 
 of conciliation would be valuable if they offered means 
 only of securing industrial peace ; but seeing that 
 they form an excellent remedy for the want of con- 
 fidence, the suspicion and the prejudice which exist 
 between employers and employed, they are doubly 
 valuable. 
 
 In spite of the excellent education which the 
 boards provide, so much of the spirit of antagonism 
 sometimes remains, that it is found desirable to have 
 an independent chairman, whose duty practically is 
 to keep the parties in a good temper whilst bargain- 
 ing. The conciliator draws out the best points in 
 each party's case and restates them in the most per- 
 suasive form, eliminating from the controversy 
 all unnecessary sources of irritation. He inquires 
 into the real facts of the case and makes them known 
 to both parties. He also tries to be suggestive and 
 fertile in devising possible solutions. 
 
 Were it practicable, it would be best to settle all 
 cases of dispute by conciliation, which is distinctly 
 more satisfactory than arbitration, because mutual
 
 CONCILIATION v. ARBITRATION. 29 
 
 concessions are much, to be preferred to authoritative 
 decisions. The large majority of differences are 
 settled by conciliation, but sometimes, whilst dis- 
 tinctly wishing to arrive at a peaceful settlement, 
 neither side will give way, and it becomes absolutely 
 necessary to reach a definite settlement by arbitra- 
 tion. Conciliation is something informal and friendly ; 
 each party is candid and lays the facts at its disposal 
 fully before the other party ; the disputants endeavour 
 to convince each other, whilst in the more formal 
 and judicial-like arbitration, they attempt to con- 
 vince a third party, and advocacy is substituted for 
 a simple appeal to facts. People do not always attend 
 an arbitration in the right spirit, willing to assist 
 the arbitrator to come to a fair decision, but often 
 go with a feeling of antagonism, wishing to gain the 
 day at any price. This, however, is not really so much 
 a difficulty as a characteristic of arbitration, but real 
 difficulties do exist, which I purpose examining next. 
 The first serious difficulty of arbitration is the choice 
 of an arbitrator, and it is a double one. Should he, 
 or should he not, be connected with the trade ? and 
 should he be a permanent officer, or be chosen to decide 
 a particular case ? Taking the former point first, we 
 will consider what are the advantages and disadvan- 
 tages of each course of action. It is absolutely 
 essential that both parties to an arbitration should 
 consider the umpire quite impartial and free from bias. 
 At the same time, it is very desirable, if the arbitrator 
 is to understand properly the case before him, without 
 the arguments and discussion being unduly extended,
 
 30 CONCILIATION AND ARBITRATION. 
 
 that lie should have at least some knowledge of indus- 
 try in general, if not of the particular trade in which 
 the case has occurred. The ideal arbitrator is an 
 unbiassed man connected with industry, but unfortu- 
 nately it is not always possible to find such a man, 
 who is acceptable to both parties, and then it becomes 
 necessary to choose some one unconnected with trade, 
 against whom no possible imputation of bias can be 
 made. As far as England is concerned, members of 
 this latter class have often been as successful arbitra- 
 tors as members of the former ; the late Judge Kettle, 
 Lord Brassey and Lord James of Hereford, all 
 gentlemen practically not connected with mining 
 or manufacturing, have been no less successful 
 as arbitrators than the late Rt. Hon. A. J. 
 Mundella, the Rt. Hon. J. Chamberlain and Sir 
 David Dale, Bart., who are, or were, closely 
 connected with some industry. It will be 
 noticed that all the gentlemen mentioned above are 
 members of the brain-working class. The same 
 observation might be made of almost all arbitrators. 
 Mr. and Mrs. Webb have investigated this question 
 carefully and have come to the conclusion, that this 
 class alone is capable of bringing to the task the 
 highest qualities of training, impartiality and judg- 
 ment. Out of the two hundred and forty arbitrations 
 ranging from 1803 to 1897, which they investigated, 
 only in one case, in an arbitration for a new agreement 
 between employers and employed, had a member of 
 the wage-earning class been chosen as 'umpire.* 
 * See Webb, Industrial Democracy, p. 231,
 
 CONCILIATION v. AKBITRATION. 31 
 
 As to the second point, whether the umpire should 
 be a permanent officer, or chosen to decide a particular 
 case, there can be no hesitation in saying that he should 
 be selected by the board with a tenure of office the same 
 as the board. If no appointment is made until a dis- 
 pute has arisen, a spirit of struggle once being in the 
 air, it is very improbable that the board will be able to 
 agree in the appointment of an umpire, and it will be 
 necessary to ask an outside person or body to nominate 
 one. Generally the appointments made by such out- 
 side person or body, as for example by the Speaker 
 of the House of Commons or by the Board of Trade, 
 are satisfactory, but still it is not surprising 
 to find that one party sometimes refuses to agree to 
 arbitration at all, when it does not know who the 
 arbitrator is to be. On the other hand, if a 
 board when first elected cannot agree in the 
 appointment of an umpire, there is not the same 
 objection to asking an outside person or body to 
 nominate one, for in this case, when a dispute does 
 arise, the parties, before accepting arbitration, know 
 who the umpire will be. In all cases it is best if the 
 board can agree among themselves in the choice of 
 an arbitrator, as they will then have more con- 
 fidence in him and will be less likely to be dissatisfied 
 with his decisions. 
 
 What has been discussed above is a real diffi- 
 culty of arbitration, but it can at least be satisfactorily 
 solved. The same, unfortunately, cannot be said of 
 what is now about to be mentioned. The fundamental 
 difficulty in disputes arising out of the terms of future
 
 32 CONCILIATION AND ARBITRATION. 
 
 contracts is the want of principle by wliicli the arbi- 
 trator can determine his decision ; it is hardly 
 possible to find a basis upon which to make awards 
 and there is also a deficiency of data for the arbitrator 
 to work upon. The difficulties of the arbitrator were 
 once well expressed by Judge Ellison, when acting as 
 umpire in the South Yorkshire Collieries Arbitration, 
 1879.* 
 
 " It is for the one side to put the men's wages as high 
 as it can. It is for the other side to put them as low 
 as it can. And when you have done that, it is for me 
 to deal with the question as well as I can ; but on what 
 principle I have to deal with it, I have not the slightest 
 idea. There is no principle of law involved in it. There 
 is no principle of political economy in it. Both masters 
 and men are arguing and standing upon what is com- 
 pletely within their rights. The master is not bound 
 to employ labour, except at a price he thinks will pay 
 him. The man is not bound to work for wages which 
 won't subsist him and his family sufficiently and so forth. 
 You are both within your rights and that's the diffi- 
 culty I see in deahng with the question." 
 
 Practically the arbitrator is obliged to take a 
 great many things into consideration : the movements 
 in demand and supply of labour and product ; the 
 keenness of competition ; the alterations in the price 
 of the product ; the living wage required by the 
 workman ; and the length of training the skilled 
 mechanic has undergone. Besides the true facts of the 
 case, or as many of them as have been explained 
 
 * The words are taken from the Report of the Arbitration, 
 p. 49. They are quoted in Webb, Industrial Democracy, 
 p. 229,
 
 CONCILIATION v. AEBITRATION. 33 
 
 to the umpire, some account must also be taken 
 of the fighting forces of the two sides. A very 
 common thing for the arbitrator to do, is to " split 
 the difference," i.e., award a wage which is the mean 
 between the rate demanded and the old rate, or the 
 rate demanded by the other party, as the case may 
 be. It often happens that when the men demand 
 an increase the masters call for a reduction of wages. 
 On the face of it this seems ridiculous, because 
 trade must have become either better or worse, and 
 although both parties may differ as to the extent 
 of the alteration, it seems incredible that they 
 should difier as to its direction. The chances 
 are a thousand to one that they do not, 
 but, knowing that the arbitrator will probably 
 " split the difEerence," it is to the masters' 
 advantage to make a demand in the other direc- 
 tion in order to reduce the amount of the rise 
 awarded to the men. One party is as bad as the 
 other in demanding extreme rises and reductions, and 
 the system undoubtedly cultivates a spirit of anta- 
 gonism between the two parties. " Splitting the 
 difierence " is in every way a most undesirable 
 practice, and the sooner the rules of the permanent 
 boards forbid it, the better, for then alone will each 
 side act in a spirit of moderation.* 
 
 Seeing that the decision is not a question of right 
 and wrong, but one of opinion based upon the facts 
 
 * One of the rules of the Board of Concihation of the 
 Federated Districts in the Coal Industry forbids the 
 " sphtting of differences." Though I know of no other 
 rules doing so, it is very probable that some exist.- 
 
 D
 
 34 CONCILIATION AND ARBITRATION. 
 
 laid before the arbitrator, it is not surprising that 
 it does not always give satisfaction to both parties. 
 In fact one can almost say, that it is hardly ever 
 satisfactory to both parties, which is easily under- 
 stood when one remembers that arbitrations usually 
 occur in connection with wages problems. An 
 arbitration may be said to be successful when the 
 decision is accepted, and, generally speaking, awards 
 are very seldom repudiated in this country. The 
 acceptance of an award is often facilitated if it 
 stipulates a minimum wage and possibly also a 
 maximum wage.* 
 
 An advantage of conciliation is, that there is not 
 the same likelihood of a decision being rejected, seeing 
 that both parties have participated in drawing up the 
 agreement. The question of the repudiation of 
 an arbitration decision is closely connected with that 
 of its enforcement, but the discussion of this point 
 will be deferred till Chapter V. 
 
 It may be asked whether the difficulties of arbitra- 
 tion are not so great as to be insuperable. This is 
 certainly not so, for arbitrations are often successful, 
 largely, perhaps, because all the difficulties do not 
 arise simultaneously. But even if arbitration 
 is successful, conciliation is still preferable by a 
 long way, though it is necessary to have some 
 
 * Mr. Thomas Ashton, secretary of the Miners' Federa- 
 tion, is of the opinion that if a minimum wage had not 
 been granted by the owners in 1893, the majority of the 
 men would not have agreed to the terms of the settlement. 
 See M'Pherson, Voluntary Conciliation and Arbitration in 
 Great Britain, p. 482. _
 
 CONCILIATION v. ARBITRATION. 35 
 
 provision to resort to arbitration in those extreme 
 cases where a deadlock may otherwise arise. Em- 
 ployers, employed and the general public are almost 
 unanimous in preferring conciliation to arbitration, 
 but want of space forbids me to quote more than two 
 or three of the most authoritative opinions. R. Spence 
 Watson, the well-known arbitrator, expressed himself 
 as follows : — * 
 
 " Arbitration is better than striking or locking out, 
 but inferior to conciliation. Industrial peace in any 
 form is better than industrial war." 
 
 The next opinion I quote is that of the Indiana 
 
 Labour Commission. f 
 
 " The experience of the Commission proves that con- 
 ciliation rather than arbitration is the more effective and 
 satisfactory method of settling disputes between capital 
 and labour. . . . Men are adverse to leaving questions 
 involving the correctness of their methods and the well- 
 fare of their business to the judgment of others and 
 especially when the latter may have only a rudimentary 
 knowledge of the intricate matters which labour contro- 
 versies usually involve. The results are very different 
 where successful efforts at conciliation are exerted. 
 The contestants meet, talk over grievances, discuss 
 the interests of the business involved, come to a better 
 knowledge of each other's wishes and needs, reconcile 
 their conflicting opinions, and thus pave the way to 
 mutual concessions and satisfactory agreements." 
 
 My last quotation is from the Report of the New York 
 
 State Board of Mediation and Arbitration for 1899. 
 
 * Ironworkers' Journal, June, 1895. Quoted in Webb, In- 
 dustrial Democracy, p. 241 n. 
 
 f Report of the Indiana Labour Commission 1897-8, quoted 
 in the Reports of the American Industrial Commission, 
 Vol. XVII., p. 435. 
 
 d2
 
 36 CONCILIATION AND AKBITRATION. 
 
 " More is accomplislied by mediation than by arbitra- 
 tion. The board frequently finds one party or the 
 other to a controversy, and sometimes both, disinclined 
 to submit the matter in dispute to arbitration, though 
 often in such cases conferences have been arranged 
 through mediation, at which mutual concessions were 
 made and agreements reached." 
 
 Much stress has been laid upon the difierence 
 between conciliation and arbitration throughout this 
 chapter. It will, however, no longer be feasible to 
 follow up this distinction carefully. The machinery, 
 by which conciliation and arbitration are effected, is 
 very often the same, and it is not always easy to say 
 when one has been used and when the other. Again 
 the informality of conciliation often leads to no account 
 of it being kept, and almost all the reports of proceed- 
 ings, which we have, refer to arbitrations. In fact, 
 so little evidence is forthcoming as to what is done 
 in the direction of conciliation, that it would be 
 almost impossible to fill a chapter with it. Whilst 
 not following the distinction between conciliation 
 and arbitration systematically during the rest of this 
 essay, frequent occasions will be found where it may 
 be emphasised, and the fact that I am acting in 
 accordance with the views of Professor Marshall * 
 confirms me in my opinion, that I am justified in 
 not maintaining a clear line of demarcation between 
 the two throughout the essay. 
 
 * In the preface to Price's Industrial Peace, Professor 
 Marshall expresses the opinion that one is right in treating 
 conciliation and arbitration together, although it may be con- 
 venient sometimes to contrast the two methods sharply^
 
 PRIVATE V. GOVERNMENT. 37 
 
 CHAPTER III. 
 
 PRIVATE V. GOVERNMENT CONCILIATION 
 AND ARBITRATION. 
 
 Having discussed at some length in the last chapter 
 the relative merits of conciliation and arbitration, 
 we must now turn our attention to the bodies or 
 persons who exercise the functions of conciliators 
 or arbitrators. The most natural persons to do 
 this are those concerned in the dispute, for it is 
 primarily to their interest to settle it. The form, 
 which their intervention may take, varies. The 
 workmen in a body may interview the masters 
 personally. This is only possible when the 
 number of workmen is not very great ; otherwise 
 it becomes necessary to conduct the negotiations 
 through representatives, who may be appointed either 
 when a particular occasion arises, or for a certain 
 period. The employers also, if they are numerous, 
 are often represented by delegates ; and when, in 
 any given industry, an equal number of delegates 
 from each side meet together periodically and act 
 according to written rules, there is constituted what 
 is known as a ' trade board.' The chief occupation 
 of these boards is to settle the level of wages, but 
 they also decide all questions dealing with the con- 
 ditions of labour. The work of these boards is gener- 
 ally efiected by conciliation, but some of the most 
 
 412720
 
 38 CONCILIATION AND ARBITRATION. 
 
 important ones, especially in those trades where 
 fluctuations in prosperity are very considerable, 
 have independent chairmen, who are given a casting 
 vote, and in those cases where it is used, arbitration 
 is practically substituted for conciliation. ' Trade 
 boards ' are not only the most natural method of 
 settling industrial disputes, but they are also the 
 most satisfactory. All that was said in the pre- 
 ceding chapter concerning the advantages of boards 
 of conciliation, applies fully to ' trade boards,' which 
 are permanent bodies, whose primary object is to 
 settle disputes by conciliation. But these are not 
 the only advantages enjoyed by ' trade boards ; ' 
 no other body or person is in an equally good posi- 
 tion to learn of coming subjects of dispute in their 
 very earliest stages ; again, the fact that all the 
 members of the board are well acquainted with the 
 trade in which a dispute has arisen, tends to facili- 
 tate a settlement being arrived at. No other 
 system of conciliation and arbitration appears to 
 equal that of ' trade boards, ' and in support of 
 this view the very authoritative words of Colonel 
 Carroll D. Wright, United States Commissioner of 
 Labour, may be quoted.* 
 
 " I do not hesitate to declare that the real results 
 to be reached by arbitration and conciliation can be 
 secured far more effectively and in a far more acceptable 
 
 * The words are taken from a paper read before the 
 National Civic Federation Conference at Chicago, Dec. 1900, 
 and pubUshed in the second part of the report of the proceed- 
 ings of the Conference held under the auspices of the National 
 Civic Federation at New York, 1901;
 
 PKIVATE V. GOVERNMENT. 39 
 
 manner through the trade board as it exists to-day in 
 nearly all the industries in England, than by any other 
 means." 
 
 Another organised body undertaking the func- 
 tions of conciliator and arbitrator is the ' district 
 board.' These boards are usually established by local 
 chambers of commerce and enjoy hardly any of the 
 advantages of the ' trade boards. ' Although they 
 generally consist of employers and employed in equal 
 numbers, their educational value is almost reduced 
 to nil, by the members belonging to difierent trades, 
 in consequence of which employers and employees 
 in the same industry do not meet, and by the rarity 
 of the meetings. These boards are also at a dis- 
 advantage with regard to obtaining early informa- 
 tion of coming disputes, and probably two of their 
 members at the most have any knowledge of the trade 
 in which disputes occur. A ' general board,' which 
 is practically a ' district board ' willing to act all over 
 the country, is in a still less favourable position to 
 learn when its services are needed. 
 
 Other organised bodies undertake to act as con- 
 ciliators and arbitrators, and in these the general 
 public, besides employers and employed, take part. 
 Such bodies, however, practically amount to ' general 
 boards ' equipped with independent chairmen. The 
 chief advantage they appear to enjoy over ordin- 
 ary district and general boards, is that they are 
 more likely to be supported by public opinion, 
 which should tend to oblige people, in the first 
 place, to submit their disputes to conciliation, or
 
 40 CONCILIATION AND ARBITRATION. 
 
 arbitration if conciliation fails, and in the second 
 place, to abide by decisions. Even if this tendency 
 were strong, which, is much to be doubted, the value 
 of these bodies would fall short of that of ' trade 
 boards,' which enjoy numerous advantages, that 
 the others entirely lack. 
 
 Lastly it may be mentioned, that single individuals 
 are often successful as conciliators and arbitrators 
 in industrial disputes. When a dispute arises in a 
 trade, which possesses no organised board of con- 
 ciliation and arbitration, both parties sometimes 
 agree to try to obtain the services of a gentleman 
 to act as umpire. Even if they cannot agree as to 
 the appointment of such a gentleman, they may be 
 able to settle upon some outside person or body* 
 whose nomination of an umpire they declare 
 themselves willing to accept. Permanent boards 
 also sometimes obtain the services of an arbitra- 
 tor in a similar way. At the present time in 
 England the body, which is generally requested to 
 make the appointment, is the Board of Trade, and 
 this leads us to the fundamental question of this 
 chapter : should the State undertake the office of 
 conciliator and arbitrator, or not ? 
 
 Chapter V. will be devoted to the discussion of the 
 different kinds of government conciliation and arbitra- 
 tion and here we have to consider the question only 
 of the contrast between government and private 
 conciliation and arbitration. In reply to the 
 question, is State interference in this direction 
 justifiable ? the answer can be given that it
 
 PRIVATE V. GOVERNMENT. 41 
 
 most certainly is, provided it is considered as 
 complementary to private conciliation and arbi- 
 tration and not as sufficient in itself. It is the duty 
 of the State to do all it can to render easy the action 
 of economic forces, and governments should provide 
 all reasonable facilities for employers and workmen 
 to bargain with one another. In so far as the State 
 system should be complementary only to a private 
 system, the exact form which the facilities provided by 
 the government should take, must depend upon the 
 private facilities for conciliation and arbitration. 
 Although in the United Kingdom, with its splendidly 
 developed private system, a Board of Trade appoint- 
 ing umpires when needed may be quite sufficient, in 
 other countries State boards may be necessary. This 
 point will be fully discussed below, and we must now 
 consider, why government and private conciliation 
 and arbitration are only complementary to one 
 another, and not complete in themselves. 
 
 The great advantages of trade boards have been 
 fully emphasised. District and general boards offer 
 facilities for conciliation and arbitration, where 
 trade boards are wanting. It is very possible that 
 the facilities offered by the various boards are so 
 complete that no State board is necessary. But 
 there is one thing which no private body or person 
 can do as well as the State, that is, undertake to 
 appoint umpires, where employers and workmen 
 cannot agree. Every one, remembering that he 
 himself is a member of the State, and that it can 
 have no object in wishing to injure him, is far more
 
 42 CONCILIATION AND ARBITRATION. 
 
 likely to be satisfied with an appointment made by 
 it, than with one made by any private person or 
 body of individuals, to whom selfish motives may 
 always be attributed. It is clear that a private 
 system can never be so complete as to be able to 
 stand alone and be perfect, and the less complete it 
 is, the more will be required of the government system. 
 But however valuable as a complement to the private 
 system the State system may be, it is far less capable 
 of standing alone. No board organised by a govern- 
 ment could be nearly so satisfactory as a trade board. 
 All the educational advantages would be entirely 
 missing. The State board could have nothing like the 
 same facilities as the trade board for obtaining early 
 information of coming disputes, and again, it could 
 have no special knowledge of the various trades in 
 which disputes might occur. As long as trade boards 
 act as boards of conciliation, there cannot be the 
 slightest fear of decisions being repudiated and the 
 danger is exceedingly small, even when they act as 
 boards of arbitration. But where employers and em- 
 ployed are brought together by State boards, they can 
 never be entirely free from the impression that they 
 are litigants. Not only is friendly feeling between 
 masters and workmen not cultivated, but dissatisfac- 
 tion is far more likely to occur concerning decisions. 
 The position of Governments with regard to con- 
 ciliation and arbitration has been well expressed as 
 follows : * 
 
 * The passage is quoted from the Edinburgh Review, Jan., 
 1900.-
 
 PRIVATE V. GOVERNMENT. 43 
 
 " In such a matter [as conciliation] tlie State may 
 facilitate, persuade and encourage ; but it cannot 
 attempt to dictate. It may establish means of concilia- 
 tion, but cannot order that they shall be used. Efforts 
 to interfere with individual or corporate liberty of action 
 or that freedom of contract, which is essential to sound 
 commerce, have failed in the past and must inevitably 
 fail in the future. Attempts have been made to fix the 
 price of labour or the condition of work by direct or- 
 dinance. They have never succeeded and never will 
 succeed. Freedom of contract is as much a condition 
 of liberty as freedom of speech ; on the other hand, the 
 State would fail in its duty if it did nothing to facilitate 
 methods of settlement of labour disputes, either by the 
 establishment of accessible tribunals, or by the encourage- 
 ment of voluntary boards of conciliation. It may pro- 
 perly do much to perfect the machinery of settlement, 
 though its power to insist on the use thereof is limited." 
 
 The Royal Commission on Labour, whilst recom- 
 mending that the Board of Trade should be given 
 the powers it afterwards obtained by the Concilia- 
 tion Act 1896,* expressed itself as follows, as far as 
 the United Kingdom is concerned, with regard to 
 private and State conciliation and arbitration : f 
 
 " We hope and believe that the present rapid exten- 
 sion of voluntary boards will continue, until they cover 
 a much larger part of the whole field of industry than 
 they do at present. This development seems to us at 
 present the chief matter of importance, and it has the 
 advantage over any systematic establishment of local 
 boards, of greater freedom of experiment and adaptation 
 to special and varying circumstances. At the present 
 
 * For details erf the provisions of this Act see page 108. 
 t Fifth and Final Report of the Royal Commission on 
 Labour, Part I., § 302.
 
 44 CONCILIATION AND ARBITRATION. 
 
 stage of progress we are of the opinion, that it would do 
 more harm than good, either to invest voluntary boards 
 with legal powers, or to establish rivals to them in the 
 shape of other boards, founded on a statutory basis and 
 having a more or less public and official character." 
 
 This short chapter, comparing and contrasting 
 private and State conciliation and arbitration, must 
 not be considered alone, but in conjunction with 
 Chapters IV. and VI., where examples of the various 
 kinds of private, and voluntary State, conciliation 
 and arbitration are given. It is only after figures 
 showing the work of trade boards have been 
 contrasted and compared with those showing 
 the work of State boards, that the great 
 value of the work of the former will be fully under- 
 stood. But in passing on to the next chapter, where 
 private conciliation and arbitration are dealt with, 
 one word of warning is necessary : it must not be 
 forgotten, that a most valuable side of the work of 
 these boards, the encouragement of good feeling 
 between employers and employed by discussion round 
 a common table, cannot be conveyed by jfigures.
 
 PRIVATE. 45 
 
 CHAPTER IV. 
 
 PRIVATE CONCILIATION AND 
 ARBITRATION. 
 
 The United Kingdom. — The first attempt to 
 organise some permanent means of arranging future 
 contracts peaceably, was made in 1836, when the 
 Glasgow potters, after a strike, arranged to hold an 
 annual convention to fix wages, and agreed that if 
 any dispute should arise about the price to be paid 
 in virtue of the convention, it should be submitted 
 to a court of arbitration comprised of three masters 
 and three workmen. In 1839 a movement started 
 in the carpet weaving industry, to establish joint 
 boards to examine the situation of trade and to fix 
 wages. In 1857 some thirty of such boards existed 
 and more than 2,000 workmen were controlled by 
 them. After a strike in 1849 a joint board was 
 established in the Macclesfield silk industry, con- 
 sisting of twelve employers and twelve weavers, a 
 president and a secretary, the two latter having 
 no vote. The board existed for four years, and 
 during this time the industry was quite free from 
 important strikes. The immediate cause of the 
 breakdown, was the refusal of a large manufacturer 
 to submit to the system of fines and restraints
 
 46 CONCILIATION AND ARBITRATION. 
 
 imposed by tlie rules, but the real cause of the failure 
 was the insufficient organisation of the workmen. 
 Till 1860 there was no further permanent board, 
 but individual arbitrations in different industries 
 were not infrequent.* 
 
 It is customary to overlook the early attempts 
 at conciliation and arbitration mentioned above 
 and to say that the first Trade Board was 
 established in England in 18G0. Although this 
 is not quite accurate, one is justified in saying 
 that it was not till the beginning of the 
 *' sixties," that conciliation and arbitration, as we 
 know them to-day, were first developed, and the 
 name most closely associated with this early move- 
 ment is that of A. J. Mundella, who established 
 the Nottingham system of conciliation and arbitra- 
 tion in 1860. Prior to that year much bad feeling 
 had existed between masters and workmen in the 
 hosiery and glove trades, and strikes and lockouts 
 had been frequent. There had been three strikes 
 already in 1860 and another was threatening, 
 when Mr. Mundella and some other employers 
 sought to devise some method of avoiding them. 
 Conferences between masters and workmen were 
 arranged, and finally the " Board of Arbitration 
 and Conciliation for the Hosiery and Glove Trade ' ' 
 was successfully established. The object of the 
 
 * For more detailed information about the period previous 
 to 1860 the reader may consult the French Report, De la 
 conciliation et de 1' arbitrage, etc., and H,- Grompton, 
 Industrial Conciliation.'
 
 PRIVATE. 47 
 
 board was " to arbitrate on any questions relating to 
 wages, which might be referred to it from time to time 
 by the employers or operatives, and by conciliatory 
 means to interpose its influence to put an end to any 
 disputes which might arise." The board was to 
 consist of eleven manufacturers and eleven operatives, 
 elected annually. Before any cases were submitted 
 to the board, they were to be investigated by a 
 committee of enquiry, consisting of four members of 
 the board. A month's notice was to be given to the 
 secretaries before any change in the rate of wages 
 could be considered ; meetings of the board were to 
 be held quarterly, and might be especially convened 
 at other times. The chairman in the original con- 
 stitution of the board had a vote and a casting vote 
 as well, in the case of a tie. This led to dis- 
 satisfaction, and the board soon ceased to vote, and 
 acted by unanimous agreement only. Later, the 
 rules permitted a referee to be appointed for the 
 occasion, when the board failed to agree. The 
 board worked very successfully for about twenty 
 years, but then fell into disuse and finally ceased to 
 exist. The cause of the decline has been attributed 
 to the interests of the different classes of workmen 
 represented having ceased to be identical. 
 
 The other early system of arbitration and con- 
 ciliation, to which reference must be made, is the 
 Wolverhampton system. In more than one 
 way this is the complement of the Nottingham 
 system. An agreement to establish a Board of 
 Arbitration and Conciliation in the Building Trades
 
 48 CONCILIATION AND ARBITRATION. 
 
 at Wolverhampton was come to on March 21st, 
 1864. The original rules contained no provision for 
 conciliation, but a rule was soon adopted. By the 
 amended rules, disputes not affecting the general 
 interests of the trade, were to be submitted for concilia- 
 tion to two representatives appointed, one from the 
 arbitrators elected by the masters, and one from 
 those elected by the men. Only if no agreement was 
 come to, was the dispute to be determined by arbitra- 
 tion. The Board of Arbitration consisted of six 
 masters, six men, and an umpire mutually agreed 
 upon, who for many years was Mr. Rupert Kettle. 
 The appointment of a permanent umpire differentiates 
 this system from Mundella's. The other chief differ- 
 ence is, that at Wolverhampton, provision was made 
 for the enforcement of awards under Section 13, 
 5 Geo. IV. Chap. 96.* 
 
 * 5 Geo. IV. Chap. 96, Sec. 13 provided : " if the parties 
 mutually agree that the matter in dispute shall be arbi- 
 trated and determined in a different mode to the one hereby 
 prescribed [for which see page 100], such agreement shall be 
 valid and the award and determination thereon final and 
 conclusive between the parties ; and the same proceedings 
 of distress, sale and imprisonment as hereafter mentioned 
 shall be had towards enforcing such award (by applica- 
 tion to any justice of the peace of the country, stewartry, 
 riding, division, barony, city, town, burgh, or place within 
 which the parties shall reside) as are by this Act prescribed 
 for enforcing awards made under and by virtue of its pro- 
 visions.'' 
 
 The manner in which awards were to be enforced is pre- 
 scribed in Section 24 of the Act, where it is provided : "if 
 any party shall refuse or delay to fulfil an award under 
 this Act for the space or term of two days after the same 
 shall have been reduced to writing. , ; ; a justice
 
 PEIVATE. 49 
 
 The object of enforcing the contract was not to 
 oblige a manufacturer to carry on his mill at a loss, 
 or to compel a workman to work unless he chose. 
 The chief aim was to check a sudden cessation of 
 work on the part of the employees, which might 
 involve the masters in very great loss ; and the rules 
 required that one day's notice should be given by 
 either side before work ceased. 
 
 Having now touched upon the historical side of 
 private conciliation and arbitration in the United 
 Kingdom, we may next turn our attention to the exist- 
 ing state of affairs. The method I purpose following 
 is to examine the whole system of trade boards in a 
 general way, and one or two of the more important in 
 detail, and then shortly consider district and general 
 boards. The number of trade boards existing in 
 the United Kingdom in 1903 was 142,* which 
 
 ; . ; on the application of the party aggrieved ; s ; 
 is required by warrant under his hand ... to cause 
 the sum or sums of money directed to be paid by any 
 such award, to be levied by distress and sale of any goods 
 and chattels of the person or persons liable to pay the same 
 ; . . and in case it shall appear . . . that no suffi- 
 cient distress shall be readily had . ; , any justice 
 : : ; is required by warrant under his hand : : : 
 to commit the person or persons so liable as aforesaid to 
 the common gaol, or some house of correction. . ; and 
 there to remain without bail for any time not exceeding 
 three months.'' 
 
 * This number and the detailed list are compiled from the 
 Board of Trade Directory of Industrial Associations, 1903. 
 
 E
 
 50 CONCILIATION AND ARBITRATION. 
 
 were distributed among the difierent trades as 
 foUows : — 
 
 Building Trades - 
 
 Coal Mining 
 
 Iron Mining 
 
 Quarrying - ... 
 
 Iron and Steel Trades - 
 
 - 
 
 50 
 
 19 
 
 1 
 
 1 
 8 
 
 Engineering and Shipbuilding 
 Other Metal Trades - 
 
 - 
 
 16 
 11 
 
 Textile Trades - 
 
 - 
 
 3 
 
 Boot, Shoe and Clog Trades 
 
 - 
 
 18 
 
 Tailoring Trades 
 
 Dock and Waterside Labour 
 
 - 
 
 4 
 4 
 
 Miscellaneous 
 
 - 
 
 7 
 
 
 Total 
 
 142 
 
 The number of boards must not be taken as 
 indications of the degree in which peaceful methods 
 of settling disputes are practised in the various trades. 
 To estimate this fully we should have to consider 
 the number of boards annually settling cases, the 
 number of cases annually considered by the boards, 
 and the number annually settled by them, and these 
 figures we should have to contrast with the number 
 of strikes in the various trades. I shall have reason 
 to refer to figures illustrating all these points later on, 
 but for the purpose of comparison, I have worked out 
 figures below, showing the percentage of all these 
 things happening in the various trades. The figures 
 require no explanation, and a glance at them suffices 
 to show which trades are well supplied with concilia- 
 tion and arbitration facilities and which are not. On 
 page 52, figures are produced giving details for
 
 PKIVATE. 
 
 51 
 
 TABLE SHOWING THE PERCENTAGE OF DISPUTES, 
 EXISTING BOARDS, ACTING BOARDS, AND CASES 
 CONSIDERED AND CASES SETTLED BY PERMA- 
 NENT BOARDS IN DIFFERENT TRADES.* 
 
 
 Percentage in the variouF 
 
 Trades of 
 
 Trades. 
 
 Existing 
 Boards 
 in 1903. 
 
 the average (1899-1903) No. of 
 
 
 Acting 
 Boards. 
 
 Cases 
 Con- 
 sidered. 
 
 Cases 
 Set- 
 tled. 
 
 Strikes 
 
 Building Trades - 
 Mining and Quarry- 
 ing - 
 Metal, Engineering 
 and Shipbuilding- 
 Textile - 
 Clothing 
 Other Trades - 
 
 35 
 
 15 
 
 25 
 
 2 
 
 15 
 
 8 
 
 14 
 
 20 
 
 40 
 
 2 
 
 16 
 
 8 
 
 1 
 73 
 
 14 
 
 1 
 9 
 2 
 
 2 
 61 
 
 23 
 
 i 
 13 
 
 i 
 
 18 
 
 27 
 
 18 
 
 16 
 
 6 
 
 15 
 
 Total - 
 
 100 
 
 100 
 
 100 
 
 100 
 
 100 
 
 the five years 1899-1903, of the number of trade 
 boards settling cases, and of the cases considered and 
 settled by them in various trades. The most notice- 
 able feature of the table is the increasing work done 
 by the boards in the mining and quarrying trades. 
 
 The table given on page 54, summarising the work 
 of permanent boards of conciliation and arbitration , 
 extends our information concerning these boards over 
 a period twice as long as that previously considered, 
 and also, with regard to the number of cases settled, 
 gives us the important information as to how many 
 
 * The figures are calculated from statistics 
 from the Reports on Strikes and Lockouts* 
 
 compiled 
 
 i: 2
 
 52 CONCILIATION AND AKBITRATION. 
 
 Q * 
 
 <W 
 P 
 
 OPh 
 ^Q 
 
 §§ 
 
 02 
 
 W I 
 
 r , 0> 
 fc-l 00 
 
 WW 
 WH 
 
 ^^ 
 OH 
 
 Kpg 
 
 pop? 
 
 CO 
 
 
 
 OS 
 
 f-t 
 
 •spiBog Aq pandas 
 
 S8SB0 JO -O^I 
 
 o«i* «e t» t- OS N -"i* 
 
 S 
 
 •spjuog Aq pajapisuoD 
 68SB0 JO -o^i' 
 
 ujooin M<ooooooi« 
 
 i-Hj-O O<M(MQ0-* 
 IM_ rt 
 
 «<5 
 
 CO 
 
 r-T 
 
 •S8SB0 8U!IM8S 
 
 BpjBog; JO -o^M 
 
 r* w lo CD M ©fl 00 X w 
 
 IN 
 
 5D 
 
 
 
 OS 
 
 •spjuog Xq paiwog 
 
 S3BB0 JO -0}^ 
 
 rH -* ■* M OS 00 t> M 
 i-HC^ ■* 1-1 taoi 
 
 00 
 tD 
 
 •spjBog Xq pajaptsuoo 
 sasBO JO -0^ 
 
 05-*tH lAOSOe-lCOO 
 
 r-io-* mmi-iooiN 
 
 IM 
 
 CD 
 ■0<_ 
 
 •S8SB0 3iniM8s 
 spjtjog JO -0^ 
 
 t-e<5S0 CO e<5 r-i 00 T* N 
 
 
 1 
 
 ■spjBoa Aq psn^jas 
 S9SB0 JO -0^ 
 
 r-(0 CO r-(rH O 
 ■01 IH i-l 
 
 in 
 00 
 
 CD 
 
 •spi^og; Kq pai8pisuoo 
 
 698^0 JO -0^ 
 
 (MCO.>t COrH -* 
 0_ rH i-l 
 
 in 
 
 
 ■* 
 
 •B8S130 guineas 
 spjBog: JO -ofj 
 
 OSrH© rHMrHOOCOlN 
 
 10 
 
 
 
 OS 
 
 spat'oa Xq pamgs 
 eas^O JO '0^ 
 
 coeoo CO-* t~ioco 
 Ol 00 (N rH IN 
 <N rH 1 rH 
 
 00 
 
 •pj^og S.q pajapisnoo 
 sasBO JO 0^ 
 
 os-tos tDvn t^o-* 
 
 (M (N M rH rH | rji (M 
 00 rH 1 rH 
 
 
 
 OS 
 
 •sasBO gui^aa 
 epjBog JO -oj^ 
 
 -ICO-.0 OSt~|OCOIN 
 
 s 
 
 00 
 
 •spjBog; Xq paiwae 
 sastjo JO -0^ 
 
 CO r"^ 
 
 
 spaiJoa: Aq pajapisnoa 
 sas«o JO -0^ 
 
 CO OS Irt 000 1 *A CO OS 
 rH (M •* OS W 1 r-- ■* 
 
 00 '-f 
 
 CO 
 IN 
 
 •sasuo Suimas 
 spjBog JO -0^ 
 
 t^I>tD OSt^ [r-ICOCO 
 
 CO 
 
 10 
 
 
 
 Trade Boards : — 
 
 Building - - - . 
 
 Mining and Quarrying - 
 
 Iron and Steel 
 
 Engineering and Ship- 
 building 
 
 Other Metal Trades 
 
 Textile Trades - 
 
 Boot and Shoe Trades - 
 
 Other Trades - 
 District and General Boards 
 
 s 
 
 
 H
 
 PRIVATE. 53 
 
 were effected by conciliation on the one hand, and by 
 arbitration on the other. In this connection the 
 increased proportion of cases settled by arbitration is 
 very marked. In 1894 and 5 only 16 per cent, of the 
 total settled cases were settled by arbitration, whilst 
 the proportion in the following years was 25 per cent., 
 23 per cent., 28 per cent., 26 per cent., 27 per cent., 
 27 per cent., 24 per cent., and in 1903 no less than 
 36 per cent. The number of cases considered by the 
 boards decreased till 1900, but since then has increased 
 steadily. If we now compare this table with that on 
 page 55, showing the agencies employed in settling 
 strikes and lockouts, we shall see how very small are 
 the number of strikes settled by trade boards. The 
 explanation is, that the great mass of the work of trade 
 boards is done before any strike occurs, and it is 
 perfectly certain that this is by far the most valuable 
 part of their work, for it is exceedingly difficult for 
 any other organisation, whether instituted by private 
 individuals or by governments, to intervene success- 
 fully before a rupture has taken place, and at all 
 times the guiding motto should be, " Prevention is 
 better than cure." 
 
 If we next consider the arrangements which exist 
 in one or two of the more important industries for 
 the settlement of any disagreements, which may arise, 
 coal mining calls for the first mention. This industry 
 is prominent both on account of the considerable 
 number of strikes occurring in it and of the excel- 
 lent facilities which it possesses for avoiding them. 
 The number of workmen employed in the industry
 
 54 CONCILIATION AND AKBITRATION. 
 
 a 
 "-A 
 o 
 o 
 
 %^ 
 
 HP 
 P5^^ 
 
 HO 
 
 Kg 
 
 I— I e5 
 
 SO 
 
 p<i 
 
 xn 
 
 P 
 P3 
 -U 
 H 
 
 o 00 
 
 
 I— I O 
 
 CO 01 
 
 O X 
 
 1—1 I— 
 
 oi lo 
 
 CO CM 
 
 O t^ 
 
 lO CI 
 
 in oi 
 
 CO uo 
 -I O 
 O CM 
 
 -H 00 
 CO lO 
 
 00 i-H 
 
 <M CO 
 ■* 0-) 
 ^ (M 
 
 '6 - 
 
 S O c3 
 I ^-^ 
 
 M fi fl 
 
 »! o c 
 
 O S tH 
 
 w 
 
 • pq 
 
 Q, ai g C 
 ^ cS O o3 
 
 f-( ^ cd CO
 
 PRIVATE. 
 
 55 
 
 o 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 lOlM 
 
 l> 
 
 COO 
 
 CO 
 
 |tO 
 
 to 
 
 1 1 
 
 1 
 
 1 1 
 
 1 
 
 00 00 
 
 to 
 
 (M 
 
 
 p _ 
 
 
 - 
 
 
 
 
 
 
 
 
 
 
 
 
 P3 m 
 
 
 
 
 
 
 
 
 
 
 
 
 
 o ° 
 
 t»rH 
 
 00 
 
 Tjlt, 
 
 PH 
 
 rHCD 
 
 t> 
 
 1-1 f-i 
 
 (M 
 
 1 '-' 
 
 rH 
 
 CO to 
 
 <3> 
 
 
 o °^ 
 
 
 
 
 rH 
 
 
 
 
 
 1 
 
 
 rH rH 
 
 oa 
 
 
 ^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 <1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 * o 
 
 (MTi< 
 
 CO 
 
 TjlO 
 
 ■* 
 
 N 05 
 
 rH 
 
 1 1 
 
 1 
 
 
 1 
 
 COCO 
 
 rH 
 
 
 S CO S 
 
 
 iH 
 
 
 
 
 
 1 
 
 
 1 
 
 i-((N 
 
 ■* 
 
 
 Oo _ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 P2 o 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 N-* 
 
 to 
 
 0>O 
 
 05 
 
 rHlO 
 
 to 
 
 '-' 1 
 
 T-< 
 
 
 1 
 
 COOS 
 
 M 
 
 tn 
 
 
 
 rH 
 
 *"* 
 
 
 
 1 
 
 
 
 1 
 
 rHrH 
 
 CO 
 
 1 
 
 S- a. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 03 
 
 in 1 
 
 lO 
 
 rHlO 
 
 to 
 
 rH rH 
 
 (N 
 
 \a 1 
 
 >n 
 
 
 1 
 
 NtD 
 
 00 
 
 o 
 
 fiH S 
 
 1 
 
 
 
 (M 
 
 
 
 1 
 
 
 
 1 
 
 (NrH 
 
 CO 
 
 o 
 
 
 
 
 
 
 
 
 
 
 
 
 
 h5 
 
 K3 *~^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 "^ 
 
 
 
 
 
 
 
 '^ 
 
 OOr-c 
 
 OJ 
 
 00 00 
 
 to 
 
 •*co 
 
 t- 
 
 
 
 
 
 O CO 
 
 CO 
 
 c 
 
 
 
 
 
 
 
 1 
 
 
 
 
 COrH 
 
 TT* 
 
 c3 
 
 Sw 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 » 
 
 OrH 
 
 ^ 
 
 OIN r- 
 
 t»rH 
 
 00 
 
 '-' 1 
 
 rH 
 
 
 
 t^Td 
 
 ,»l 
 
 Hh 
 
 
 ■^ 
 
 rH ffj 
 
 
 
 1 
 
 
 
 
 NrH 
 
 ■* 
 
 
 r^OQ 
 
 
 
 , 
 
 
 
 
 
 
 
 
 
 
 oq 1 
 
 IM 
 
 CO O 
 
 CO 
 
 1 1 
 
 1 
 
 1 1 
 
 1 
 
 
 
 ino 
 
 in 
 
 PI 
 
 rH 1 
 
 rH 
 
 rH(M 
 
 CO 
 
 1 1 
 
 1 
 
 1 1 
 
 1 
 
 
 
 (MN 
 
 ■<i' 
 
 O 
 
 
 t- ■* 
 
 ^ 
 
 O •* 
 
 •* 
 
 1 1 
 
 1 
 
 1 1 
 
 1 
 
 
 
 1>00 
 
 in 
 
 -♦J 
 
 g^ 2 
 
 
 "^ 
 
 rH(M 
 
 CO 
 
 1 1 
 
 1 
 
 1 1 
 
 1 
 
 
 
 rHf) 
 
 't 
 
 
 gs I 
 
 
 
 , 
 
 
 
 
 
 
 
 
 
 t~ CO 
 
 O 
 
 rHtO 
 
 l> 
 
 1 1 
 
 1 
 
 rH-* 
 
 in 
 
 
 
 O) CO 
 
 (N 
 
 "cS 
 
 h4 r-^1 
 
 
 
 
 IM 
 
 1 1 
 
 1 
 
 
 
 
 
 rH C^ 
 
 ■* 
 
 3 
 
 
 
 
 
 
 
 
 
 
 • ' 
 
 g 
 
 1—1 ft) — 
 
 
 
 
 
 go 
 
 • • 1 
 
 1 I 1 
 
 
 i 
 
 1 
 
 p 
 
 < 
 
 coS 
 
 
 
 
 o 
 
 WW 
 
 ) I 1 
 
 1 I • 
 
 
 © 
 
 -a 1 1 1 III III 
 
 
 
 
 
 g . 
 
 HH 
 
 
 
 
 H 
 
 
 PhO 
 
 1 1 1 
 
 I 1 ■ 
 
 
 
 73 
 
 HZ 
 
 
 
 to 
 
 "o 
 
 -2 
 
 
 . . . 
 
 . . . 
 
 00 
 "S 
 o 
 
 .2 1 1 1 ■ ■ I III 
 
 1 
 
 ^ 
 
 "a 
 
 a 
 
 o 
 O 
 
 * 
 
 f-iH 
 
 ■ 1 
 
 , 
 
 ? . . . 
 
 TD • • 1 • • • III 
 
 
 02 
 
 O 
 
 lis- 
 
 ^ III I 
 
 1 
 
 \ llll 
 
 a 
 
 fl.2 o - gog ^ .2o 5 
 
 O J 03 O «^ go ago 
 
 ©c^ Si3^ Se^ 
 
 
 
 13 O >- 
 
 
 
 -do"- 2°tl caoiH 
 gO<l gO<) -^O-al 
 
 
 H 
 
 H 
 
 
 
 
 p 
 
 
 H 
 
 
 O 
 
 
 H 
 

 
 56 CONCILIATION AND AKBITRATION. 
 
 is very great, tlie Trade Unions connected with it are 
 exceedingly powerfid and the employers also possess 
 strong organisations. These conditions have natur- 
 ally fostered the growth of joint boards, and the 
 four most important of these are the Northumberland 
 Board, the Durham Board, the South Wales Board, 
 and the Federated Districts Board. 
 
 The Northumberland Coal Trade* — In this trade 
 there are at present two joint committees, one of 
 which has to do with the settlement of local and 
 minor questions and the other with the county rate 
 of wages. The former was established in 1872, 
 and appears to have worked successfully ever since. 
 The latter, a joint committee consisting of fifteen 
 representatives on each side, with an independent 
 chairman, was first established in 1891, but was 
 abandoned two years later, only to be revived in 
 practically the same form in 1895. 
 
 The Durham Coal District. — There exist here four 
 separate boards of conciliation for the settlement of 
 local matters and one large board for the deter- 
 mination of the county rate of wages, and of the 
 general conditions of labour. The former system was 
 established in 1872 ; the latter is of more recent 
 origin and has been interrupted in its operation from 
 
 * Quite recently the question of the Northumberland 
 miners joining the Miners' Federation of Great Britain 
 has again arisen. This would involve the former accepting 
 the principles of a minimum wage and a compulsory eight 
 hours' day, and supporting the National Federation Parlia- 
 mentary Funds. At the end of 1904 nothing definite had 
 ooaie of the proposal.
 
 PRIVATE. 57 
 
 time to time by discontent on the part of the em- 
 ployees.* In 1898 it was re-established and consisted 
 of thirty-six members, eighteen appointed by the 
 Coal Owners' Association ; nine by the organisation 
 of the miners proper ; three by the organisation of the 
 cokemen ; three by the enginemen ; and three by the 
 mechanics. The members annually choose an 
 independent umpire. 
 
 The South Wales Coal Trade. — A sliding scale and 
 joint committee were established in 1875. New 
 agreements were drawn up in 1882, 1888, 1890 and 
 1892. In 1898 there was a strike and a new agreement 
 was afterwards made re-establishing the scale of 
 1892. This agreement could not be terminated prior 
 to 1903. On July 1st, 1902, six months' notice was 
 given by the South Wales Miners' Federation to the 
 Employers' Association for the termination of the 
 Sliding Scale Agreement of 1898. The workmen 
 wished minimum and maximum wages to be fixed and 
 a conciliation board to be established to determine 
 the general rate of wages in place of the sliding scale. 
 After prolonged negotiations a new agreement was 
 drawn up and signed on March 31st, 1903, which is 
 to remain in force till the end of 1905. The Board 
 consists of twenty-four representatives from each 
 side and an outside chairman,who has only a casting 
 vote. Sir Michael Hicks Beach has been appointed 
 
 * Since this passage was written, the Durham Miners' 
 Council on Sept. 24, 1904, gave notice to the coal owners to 
 terminate the conciliation board.
 
 58 CONCILIATION AND ARBITRATION. 
 
 first Chairman of this South Wales and Mon- 
 mouthshire Coal Conciliation Board at a salary of 
 200 guineas. The maximum and minimum wages 
 fixed, are 60 and 30 per cent, respectively, above the 
 December, 1879, standard. The Board meets once a 
 month and ten days' notice of any proposed alteration 
 of wages must be given. A new feature about this 
 board is the appointment of Mr. F. L. Davis as 
 permanent chairman on the coal owners' side at 
 a salary of £2,000 a year. Till this was done, the 
 office had been an honorary one, but the abolition of 
 the sliding scale so greatly increased the duties 
 and responsibilities of the chairman, that this 
 arrangement was come to. 
 
 The Board of Conciliation of the Federated Districts. 
 — This Board grew out of the great strike of 1893*, 
 when more than 300,000 persons were thrown out of 
 employment. The Board was established at a con- 
 ference over which Lord Rosebery presided, but it 
 broke up in 1896, only to be re-established in 1898. 
 The Board consisted of fourteen members chosen by 
 the Federated Coal Owners and fourteen members 
 chosen by the Miners' Federation. The independent 
 Chairman was Lord James of Hereford ; and it is 
 interesting to note that the rules prohibited the 
 practice of " splitting the difierence " between exist- 
 ing rates and those demanded. The agreement 
 
 * For details of this strike, the reader may consult J. B, 
 M'Pherson, Voluntary ConciUation and Arbitration in 
 Great Britain, pubhshed in the Bulletin of the U.S. Depart- 
 ment of Labour, May 1900, pp. 472-482, and the Report 
 on Strikes and Lockouts for 1893.
 
 PRIVATE. 59 
 
 constituting the Board expired at the end of 1903. 
 It was extended for three months, and before April 
 1st, 1904 a new agreement was made by which the 
 Board, with certain modifications, was to be recon- 
 stituted till the end of 1906.* Lord James of 
 Hereford has again been appointed independent 
 Chairman, and at his suggestion an attempt was 
 made to determine mutually a basis between selling 
 prices and wages, which practically amounted to 
 drawing up a sliding scale ; this attempt was un- 
 successful and the future decision of wages questions 
 remains unchanged.f 
 
 We may now turn our attention to the metal trades 
 and consider three of the most important joint boards. 
 
 The North of England Manufactured Iron and Steel 
 Trade. — A Board was established in 1869 and 
 consists of one employer and one employee from each 
 of the works joining the system. A standing 
 Committee of five representatives from each side 
 deals with disputes in the first instance and settles 
 any question submitted by the representatives 
 of both sides from the works affected, except such 
 as relate to a general rise or fall in wages. 
 
 The West of Scotland Manufactured Steel Trade. — 
 A Board was established in this trade in 1890, 
 but did not work very well at the commencement, 
 
 * Details of the new agreement will be found in the Labour 
 Gazette, March, 1904. 
 
 f For an account of the meeting of the Federated Dis- 
 tricts Coal Conciliation Board held on June 22nd, 1904, 
 whenjthia question was discussed, see the Manchester Guardian 
 of the next day.
 
 60 CONCILIATION AND ARBITRATION. 
 
 though it improved as time went on. In 1896 an 
 agreement was made in the Manufactured Iron Trade 
 of Scotland, and a Board of Conciliation precisely 
 similar to that of the West of Scotland Steel Trade was 
 established. 
 
 The Wear Shipbuilding Board of Conciliation. — 
 This was established in 1885. It represents on 
 the part of the men the organisations of shipwrights, 
 joiners, smiths and drillers. Each of these separate 
 branches of the trade has a departmental board of 
 its own, composed of six employers and six em- 
 ployees. The general board is made up of six repre- 
 sentatives, half masters and half men, from each 
 section. 
 
 Another industry wmch is well equipped with 
 joint boards is the Boot and Shoe Trade. A local 
 board was established at Leicester in 1895, and 
 similar boards exist at Nottingham, Kettering, 
 Bristol and Leeds. After a good deal of trouble, 
 and more than one strike, an agreement was come to 
 between the Federated Association of Boot and Shoe 
 Manufacturers and the National Union of Boot and 
 and Shoe Operatives, by which a joint committee of 
 four manufacturers and four workmen was estab- 
 lished to determine the precise method on which 
 piece-work statements were to be based. Joint 
 committees for local districts were also established 
 for the same object. The most interesting feature of 
 this system is the manner in which an attempt is 
 made to enforce awards. By a deed dated March 8th, 
 1898, a trust fund was established as a guarantee for
 
 PRIVATE. r>] 
 
 the carrying out of an agreement or a decision of 
 arbitrators. One thousand pounds was deposited 
 by the representatives of each side, and if any part 
 of that sum is forfeited by either party, the sum 
 must be made good again to the trustees. In 1899 
 a strike occurred, and the employers claimed com- 
 pensation from the guarantee fund, and were 
 awarded £300 by Lord James of Hereford, the 
 outside umpire. In November 1902 a small strike 
 took place and another claim was made upon the 
 fund, and in this case Lord James imposed a fine 
 of £5. The penalty clause of the agreement has 
 proved quite satisfactory so far ; but the 
 agreement as a whole is disapproved of by many, 
 chiefly because almost every important decision 
 has to be made by the outside umpire, as the 
 national conferences are publicly conducted and 
 neither the representatives of the employers nor 
 those of the employed dare concede anything to 
 their opponents. 
 
 The very small facilities in the Textile Trades for 
 conciliation and arbitration have already been 
 referred to. This essay, however, would not be 
 complete without a reference to the "Brooklands 
 Agreement " which has been described as " the high- 
 water mark of achievement in dealing with industrial 
 disputes." One word may first be said with 
 regard to the Board of Conciliation, which has 
 been established in the Nottingham Lace Trade 
 since 1868. This board is chiefly remarkable for 
 the method employed of enforcing decisions. The
 
 62 CONCILIATION AND ARBITRATION. 
 
 rules provide tliat any member of the Lace Manu- 
 facturers' Association who fails to comply with a 
 decision regarding the prices to be paid, shall pay 
 the costs of an inquiry into his action in addition 
 to the difference in wages from the time of the com- 
 plaint. If he refuses to do so, the employers' asso- 
 ciation must refuse him any pecuniary assistance, 
 while the association of operatives has full power 
 to withdraw its members from the service of the 
 employer. On the other hand, any member of the 
 operatives' association who shall violate a decision 
 must pay the costs of the inquiry. If he fails to do 
 so, the operatives' association must pay the costs 
 and must exclude him from all its benefits, or if it 
 gives him assistance, it must pay a fine of £10. 
 
 The Cotton Trade. — In most branches of the cotton 
 trade, wages are fixed by the piece and the great 
 complexity of the operations makes the determina- 
 tion of the rates a matter of extreme difficulty. 
 The settlement of minor technical points of dispute 
 in connection with piece-work scales of individual 
 mills, is mainly in the hands of the respective secre- 
 taries of the local associations of employers and 
 employees, who are practically permanent, paid 
 officials. When it comes to revising the general 
 agreement itself the machinery for collective bar- 
 gaining takes the form of a joint committee com- 
 posed of a certain number of representatives of each 
 side. This committee may either be a district 
 or a general one, according to the area affected. 
 The regulations of these conferences are, as far
 
 PRIVATE. 63 
 
 as the spinning industry is concerned, generally 
 covered by what is known as the " Brooklands 
 Agreement." This provides, that every complaint 
 must first be submitted by the secretary of the local 
 association of employers or of employees to the 
 secretary of the other organisation. If these fail to 
 reach an agreement, the point at issue is to be 
 discussed by a committee consisting of the secre- 
 tary and three representatives chosen by the local 
 organisations on each side. Should these still fail to 
 reach a decision, the matter is referred, if either of 
 the secretaries of the local organisations deem it 
 advisable, to a committee consisting of four repre- 
 sentatives of the federated association of the em- 
 ployers and their secretary and four representatives 
 of the amalgamated association of employees and 
 their secretary. Until all these negotiations have 
 been gone through, no strike or lockout can be 
 countenanced. To settle the conditions of labour 
 throughout a district, a general conference is held. 
 It is provided that no change of wages shall 
 be sought by either side, until at least one 
 year after the date of the last change and no 
 change shall exceed 5 per cent. In April 1900 
 some small modifications were introduced into 
 the " Brooklands Agreement," but the leading 
 principles are the same as before.* 
 
 In 1899 and 1900 an attempt was made to 
 establish a conciliation scheme in the cotton 
 
 * For details of the amendments, see the Report on Changes 
 in Wages and Hours, 1900, p. 226.
 
 64 CONCILIATION AND ARBITRATION. 
 
 spinning industry for the adjustment of wages 
 in accordance with the state of trade, but after long 
 negotiations the attempt proved unsuccessful.* 
 
 District and General Boards. — The work done by 
 these boards has already been referred to in the tables 
 on pages 52 and 55, where the number of boards 
 settling cases, the number of cases considered and 
 settled, and the number of strikes settled by boards 
 during the last years are given. In 1903 there were 
 seventeen district boards f and four general boards % 
 in existence. The majority of these boards have 
 never come into operation at all, and the only 
 one which requires any separate notice is the 
 London Labour Conciliation and Arbitration Board. 
 It was the London dock labourers' strike in 
 1889 which led to its formation. The rules were 
 
 * See Conciliation in the Cotton Trade, Report of Negotia- 
 tions 1899-1900, and Press Comments ; and L. L. Price, Con- 
 ciliation in the Cotton Trade, Economic Journal, June, 
 1901. 
 
 t The Boards were for Aberdeen, Birmingham and Dis- 
 trict, Bristol, Derby, Dewsbury and District, Dudley and 
 District, Halifax and District, Leeds, Liverpool and Vicinity, 
 London, Macclesfield and District, Manchester, Plymouth, 
 Ulster, Wakefield and District, WalsaU and District and 
 Warrington. 
 
 X These were the Industrial Union of Employers and 
 Employed ; the Joint Committee of Trade Unionists and 
 Oo-operators ; the National Industrial Association ; and 
 the Board of Arbitration composed of representatives from 
 the Scottish Section of the Co-operative Union, Ltd., and 
 the ParUamentary Committee of the Scottish Trades Union 
 Congress. This list and that of District Boards are 
 taken from the Board of Trade Directory of Industrial 
 Associations 1903, where the names and addresses of all 
 the secretaries of the Boards will be found.
 
 PRIVATE. 65 
 
 adopted by the Council of the London Chamber of 
 Commerce, on February 6th, 1890, and were finally 
 revised and adopted at the first meeting of the board 
 on December 12th, 1890. The board consists of 
 twelve members, representing capital and employers, 
 who are elected by the council of the chamber, 
 and twelve members representing labour, elected 
 by the employed. For the purpose of facilitating 
 the election, twelve groups of trades" have been 
 selected, each of which sends one representative 
 to the board. The duty of the board is to 
 promote amicable methods of settling labour 
 disputes. They invite to friendly conferences parties 
 to disputes, and if these parties choose, they may 
 lay their case before the board. The board will in 
 no case act as arbitrators unless invited to do so by 
 both parties. The rules also permit of trade concilia- 
 tion committees being formed in any trade carrying 
 on its operations within the metropolis. Although 
 the number of cases considered and settled by the 
 board cannot be compared with the average work done 
 by trade boards, it may fairly be said of this board, 
 that it occupies an almost unique position in London 
 in assisting to settle industrial disputes.! 
 
 * The trades are as follows: — (1) Building trades; (2) 
 cabinet and furnishing trades ; (3) carmen, coach, tram 
 and 'bus employees ; (4) clerks, shop-assistants and ware- 
 housemen ; (5) clothing trades ; (6) gas, coal and chemical 
 trades ; (7) leather trades ; (8) metal trades ; (9) print- 
 ing and paper trades ; (10) provision and food trades ; (11) 
 railway workers ; (12) shipping trades. 
 
 t The principal works consulted in writing this section 
 were as follows : the Reports of the Royal Ooaimission 
 
 F
 
 66 CONCILIATION AND ARBITRATION. 
 
 Sliding Scales. — It is not my intention to give liere 
 an analytical account of the advantages and disadvan- 
 tages of sliding scales, which has been well done 
 elsewhere,* but to offer a description of their present 
 position in the United Kingdom. The principle 
 upon which a sliding scale is based, is that wages 
 should vary according to profits, and though they do 
 sometimes directly vary with such, calculated from 
 the books of certain employers, prices or margins are 
 generally taken in preference. The system is restricted 
 
 on Labour ; De la Conciliation et de 1' Arbitrage, etc. ; the 
 Reports of the American Industrial Commission, Vol. XVII. ; 
 H. Orompton, Industrial Conciliation ; J. D. Weeks, Report 
 on the Practical Working of Arbitration and Goncihation in 
 the Settlement of Differences between Employers and 
 Employees in England ; J. B. M'Pherson, Volimtary Concilia- 
 tion and Arbitration in England ; S. and B. Webb, 
 Industrial Democracy ; Reports on Strikes and Lockouts ; 
 Report on Standard Piece Rates, 1900 ; Reports on Changes 
 in Wages and Hours ; ConciUation in the Cotton Trade ; 
 Report of Negotiations, 1899-1900, and Press Comments ; 
 L. L. Price, Conciliation in the Cotton Trade, 'Economic 
 Journal, Jime, 1901 ; the Rules and Annual Reports of 
 the London Labour Conciliation and Arbitration Board ; 
 the Board of Trade Directory of Industrial Associations, 
 1903. 
 
 For the most recent developments the following have 
 been used. The Labour Gazelle ; the Labour Notes of the 
 Economic Journal ; the daily papers, especially the Man- 
 chester Ckiardian, 28 Dec, 1903, 26 Feb., 1904, 10 March, 
 1904, 23 June, 1904, and 25 June, 1904 ; the Daily Dis- 
 patch, 27 Feb., 1904, 25 May, 1904, and 26 Dec, 1904, 
 and the Manchester Evening Chronicle, 2 June, 1904. 
 
 * See, especially, S. J. Chapman, Some Theoretical Objec- 
 tions to SUding Scales, Economic Journal, June, 1903. A 
 bibliography of this subject will be found at the end of the 
 sectiont
 
 PRIVATE. 67 
 
 by its very nature to the production of commodities 
 in the earliest stages of manufacture, and has been 
 most largely used in the mining, quarrying and metal 
 trades. Some twenty years ago most colliers worked 
 under this system, but the last sliding scale in this 
 trade ceased on March 31st, 1903, and was replaced by 
 the South Wales and Monmouthshire Coal Conciliation 
 Board. In June 1904 an attempt was made to estab- 
 lish a sliding scale agreement within maximum and 
 minimum points for the coal industry of the Federated 
 Mining districts, but it was unsuccessful as the parties 
 were unable to agree to a basis between selling prices 
 and wages.* At the present time the only sliding 
 scales in the mining and quarrying trades are those 
 used by two single firms in the iron-mining and lime- 
 quarrying industries, and the use of sliding scales is 
 now almost entirely limited to the pig iron manu- 
 facture and the iron and steel trades. In the 
 former there are eight, by which the Cleveland 
 and Durham, Cumberland and North Lancashire, 
 North Stafiordshire, South Staffordshire, and Scottish 
 Blastfurnacemen, besides those of three single firms, 
 are afiected. In the latter there are nine, affecting the 
 North of England, Midlands,f South Lancashire and 
 
 * See the Goal Gonciliation Board, Manchester Chiardian, 
 23 June, 1904. 
 
 t Since this passage was written, three months' notice 
 was given on September 10th, 1904, by the workmen — 20,000 
 employed by 156 firms — to terminate the sUding scale 
 agreement in the Midland Iron Trade. It is the basis, 
 which was fixed in 1887, which has caused the dissatisfaction, 
 and it is very possible that some new agreement will be 
 come to. 
 
 F 2
 
 68 CONCILIATION AND ARBITRATION. 
 
 o 
 
 <i 
 
 P5 
 P3 
 
 OS 
 •<2 
 
 ^^ 
 
 Oi 
 
 5212 
 
 go 
 
 So 
 
 w 
 
 H M 
 
 O 
 I— I 
 
 O 
 
 w 
 
 
 t- 05 O 
 
 (M 
 
 
 
 CO 
 
 o 
 o 
 
 -H O <» 
 
 C5 
 
 
 
 00^ 1 CO CO 
 
 "* 
 
 1 1 1 
 
 1 
 
 
 CI 
 
 CO 
 
 1 
 
 
 o 
 
 C5 
 
 '-^ Q ci 
 
 CO 
 
 
 
 o o , •;}. 
 
 o 
 
 
 
 «D O 1 00 
 
 ^. 
 
 1 1 1 
 
 1 
 
 
 ^^ % 
 
 " 
 
 
 
 
 00 O CO 
 
 l„ 
 
 o cc. 
 
 oc 
 
 "■^ 
 
 O tN . t^ 
 
 o 
 
 , in in 
 
 o 
 
 o 
 
 •^ -1 ' ^„ 
 
 00 
 
 1 CO w 
 
 01^ 
 
 05 
 
 
 
 
 
 
 lo eo cT 
 
 x" 
 
 1^ 
 
 1 
 
 
 
 CO -H O 
 
 Tf< 
 
 o 
 
 o 
 
 g 
 
 O , d CO 
 
 o 
 
 ■ , ci 
 
 Ci 
 
 o 
 
 <N 1 lO OT^ 
 
 o_ 
 
 1 1 
 
 
 o 
 
 
 
 
 
 
 oc" CI 
 1.-5 — . 
 
 I- 
 
 1 
 
 
 
 Ci CO CO -H 
 
 lo 
 
 OT 
 
 CI 
 
 oi 
 
 O CO Tji ■* 
 
 
 , , ^ 
 
 m 
 
 05 
 
 CO in CO o 
 
 ^^ 
 
 1 1 
 
 
 oo 
 
 
 
 
 
 
 of (m" oT 
 
 LO Cl 
 
 
 1 
 
 
 
 O CO o 
 
 =^- 
 
 c. 
 
 £ 
 
 oc 
 
 C-I 00 , t- 
 
 ^"■ 
 
 r 1 "=> 
 
 o 
 
 C5 
 
 o_ — ^ 1 x_ 
 
 cr^ 
 
 1 1 1— 1 
 
 t-H 
 
 00 
 
 CI ci t-^ 
 
 of 
 
 
 
 
 '^ 
 
 o 
 
 
 
 
 CO O UO -+ 
 
 t^ 
 
 CO in 
 
 00 
 
 t-^ 
 
 ^ o CO 00 
 
 CO 
 
 1 ^ '- 
 
 f— < 
 
 o> 
 
 CD in o 
 
 OJ^ 
 
 1 C3^ — 
 
 o 
 
 00 
 
 
 
 
 
 »n CO cf 
 
 l-H 
 
 ^^ 
 
 CI 
 
 
 CO 
 
 •* 
 
 
 
 CD 
 
 O O C5 
 
 Oi 
 
 O' 
 
 C5 
 
 O O , t^ 
 
 X— 
 
 , , =■■' 
 
 CI 
 
 CI 
 00 
 
 -«j^ o 1 CO 
 
 Xr~ 
 
 1 1 
 
 
 
 in in t-^ 
 
 CO 
 
 'i 
 
 
 
 
 ' A ' I -p • 
 
 
 , , . ^ . 
 
 . 
 
 
 .2 fl 
 
 
 .2 ' ' 
 
 
 
 -r) » 
 
 
 ^ 2 
 
 
 
 SK Jh S 
 
 
 ® S 
 
 
 
 
 • 
 
 :^ • • §>• 
 
 ' 
 
 
 
 
 f-i Cj 
 
 
 
 
 O e3 
 
 
 
 " tc o ' el >3 a> 
 
 1 
 
 o 
 
 I'l^l 
 
 o 
 
 
 hout Stril 
 nder Slidi 
 y Concilia 
 
 tion - 
 y Arbitrat 
 y Mutual 
 
 or otherw 
 
 H 
 
 Strike : 
 Conciliai 
 ion - 
 Arbitral 
 Mutual 
 r otherw 
 
 H 
 
 
 
 Y. >>-^ >.>.° 
 
 
 
 .-« P m pp pq 
 
 
 ^^ mm 
 
 
 
 ^ 
 
 
 < 
 
 
 
 Oh 
 
 s 
 
 O 
 
 o
 
 PRIVATE. 
 
 69 
 
 South Yorkshire, and West of Scotland Iron Workers, 
 the Consett and Jarrow Steel Millmen, and the Steel 
 Workers of four single firms.* In these two branches 
 of the metal trades sliding scales appear to have 
 worked very successfully, and no one recognises this 
 more fully than Mr. George Howell.f 
 
 " Those only who can remember the frequent strikes 
 and rioting in the ' iron district ' can reahse the enormous 
 change which has taken place under the reign of the 
 ' North of England Conciliation and Arbitration Board ' 
 in the iron and steel trades, the ' Midland Wages Board ' 
 and other boards, which have come into existence since 
 the first were organised." 
 
 The table on the preceding page, showing the 
 methods by which changes in wages in the iron and 
 steel industries were arranged, clearly illustrates the 
 importance of the sliding scale in these trades. 
 This will be seen even more easily from the following 
 table, where the percentage of changes made under 
 sliding scales, by other means without strike, and 
 by all means after strike, are given : — 
 
 
 1896. 
 
 1897. 
 
 1898, 
 
 1899. 
 
 1900. 
 
 1901. 
 
 1902. 
 
 1903. 
 
 Without Strike: 
 
 
 
 
 
 
 
 
 
 Under Sliding 
 
 
 
 
 
 
 
 
 
 Scales 
 
 75 
 
 82 
 
 88 
 
 68 
 
 82 
 
 80 
 
 61 
 
 97 
 
 Othenvise 
 
 25 
 
 13 
 
 12 
 
 32 
 
 18 
 
 18 
 
 39 
 
 3 
 
 After Strike 
 
 
 
 5 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 Total 
 
 100 
 
 100 
 
 100 
 
 100 
 
 100 
 
 100 
 
 100 
 
 100 
 
 * A complete list of existing sliding scales -n-ill be found 
 in the Report on Standard Piece Rates, 1900, and in the 
 Report on Changes in Wages and Hours, 1899. This list is 
 brought up to date in subsequent Reports on Changes in 
 Wages and Hours. 
 
 fe I Labour Legislation, Labour Movements, and Labour 
 Leaders, p. 441.
 
 70 CONCILIATION AND ARBITRATION. 
 
 xn 
 < 
 
 1^ 
 
 o 
 
 ^^ 
 CO n 
 g^ 
 
 ^O 
 
 ow 
 
 O^ 
 
 o 
 
 w 
 
 CO 
 
 P5 
 
 g 
 
 
 
 CI 
 
 CO 
 
 13,648 
 9,169 
 
 00 
 
 01 
 
 1 
 
 CO 
 01 
 
 «j 
 
 00 
 
 of 
 
 
 
 C5 
 
 C<5 
 CO 
 
 1 
 
 -i- -1- 
 
 10 
 
 CO 
 
 1 
 
 
 
 
 10 
 
 CO 
 
 
 00 
 
 
 10 
 10 
 
 ++ 
 
 
 
 01 
 
 
 
 s 
 
 OS 
 
 Ci 
 
 C</3 
 
 
 
 CO 
 
 CO F^ 
 •^'' CO 
 
 CO 
 
 00' 
 
 
 1 
 
 
 00 
 
 CO 
 00 
 
 ci 
 
 00 
 
 C3 
 
 CO 
 
 
 0" ^'■ 
 
 CI 
 CO 
 
 
 
 1 
 
 CO 
 
 
 
 QO" 
 
 06 
 
 00 
 
 CO 
 00 
 
 
 
 0' 
 
 t- CO 
 t- -^ 
 
 00" ^"^ 
 CO 
 
 
 of 
 
 1 
 
 CO 
 
 
 
 
 crT 
 
 CD 
 
 01 
 
 00 
 
 0' 
 
 
 
 (M 
 
 CO r^ 
 
 00 
 
 CO 
 
 1 
 
 00 
 
 CO 
 
 
 
 00 
 
 00 
 00 
 
 00 
 
 0* 
 
 
 ■^ -!- 
 
 00 
 CO CO 
 
 
 be 
 
 d 
 
 3 
 0? 
 
 =3 
 be 
 
 d 
 
 •a 
 
 3 ' "S ' 
 ^ CO 
 
 efl d ? d 
 
 " UH d t3 
 
 1 
 
 
 
 B3 
 
 H 
 
 CO 
 
 3 
 
 
 § 
 
 V 
 
 IB 
 
 1 
 
 d 
 
 
 
 o 
 o 
 
 o 
 
 n3 
 
 d 
 o 
 
 w 
 
 d 
 
 c3 
 
 c8 r 
 
 -^^ 7n +-' 
 § d § 
 -T! '^ -O 
 
 ^ .S -9 .3 
 
 bO 5P «) 
 
 02 o o 
 
 ^ II -13 a a a 
 
 el fee's). s2 F-j ^ _- 
 
 "^ - m ja o o o 
 « o o 
 
 .a 
 
 " c 
 
 o -fe ^ ,^ .a .a .a 
 
 In tJ '^ "^ 
 
 C - _ 
 
 S o 
 
 (U (U 
 
 s-isa^gf 
 
 ce o 
 
 00 aj 
 
 O 0) « « ^ I— I <L_1 
 
 « a^ g||| 
 
 (H O , 'rt T3 TJ 
 *« -^ "S «8 d^^ 
 TJ o O ^ t; " TI 
 
 * -i— ++^ cos =:lf= 
 
 d d 
 
 fl .a .a
 
 PRIVATE. 
 
 71 
 
 AMougli it is in the iron and steel industries 
 that sliding scales are of the greatest relative impor- 
 tance, it was in the mining and quarrying industries 
 that the greatest number of people were affected by 
 them during the last eight years,* The position of 
 sliding scales in industry as a whole, as compared 
 with conciliation boards and other methods of 
 arranging wages, will be clearly seen from the table 
 given below which shows the percentage of work- 
 people affected by changes in wages, according to 
 the agencies arranging them. The replacement of the 
 Sliding Scale in the South Wales Coal Industry by 
 a Board of Conciliation will greatly tend to 
 
 TABLE SHOWING THE PERCENTAGE OF WORKPEOPLE 
 AFFECTED BY CHANGES IN WAGES ACCORDING TO 
 THE AGENCIES ARRANGING THEM.f 
 
 Agencies by 
 
 
 
 
 
 
 
 
 
 which Changes 
 in Wages were 
 
 I89G. 
 
 1897. 
 
 1898. 
 
 1899 
 
 1900. 
 
 1901. 
 
 1902. 
 
 1903. 
 
 Arranged. 
 
 
 
 
 
 
 
 
 
 Sliding Scales 
 
 22 
 
 23 
 
 17 
 
 15 
 
 16 
 
 21 
 
 19 
 
 3 
 
 Conciliation 
 
 
 
 
 
 
 
 
 
 Boards, Joint 
 
 
 
 
 
 
 
 
 
 Committees, 
 
 
 
 
 
 
 
 
 
 Meditation 
 
 
 
 
 
 
 
 
 
 and Arbitra- 
 
 
 
 
 
 
 
 
 
 tion 
 
 10 
 
 2 
 
 3 
 
 32 
 
 42 
 
 54 
 
 61 
 
 75 
 
 The parties 
 concerned or 
 
 
 
 
 
 
 
 
 
 their repre- 
 sentatives 
 
 68 
 100 
 
 75 
 100 
 
 80 
 
 53 
 
 42 
 
 25 
 
 20 
 
 22 
 
 Total - - 
 
 100 
 
 100 
 
 100 
 
 100 
 
 100 
 
 100 
 
 * See the table on p. 70. 
 
 t The figures are compiled from the Reports on Changes 
 in Wages and Hours.
 
 72 CONCILIATION AND ARBITRATION. 
 
 reduce the percentage of changes in wages due to 
 the operation of sliding scales. Whether this and 
 any further reduction in the scope of sliding scales, 
 which may take place in the future, are to be regarded 
 as advantageous or disadvantageous to the industrial 
 community at large, must entirely depend upon the 
 nature and type of the system which takes its 
 place.* 
 
 * For details on the subject of sliding scales the reader 
 may consult the folio-wing : — Reports on Standard Piece 
 Rates, where numerous sliding scale agreements •nill be 
 found ; the Annual Reports on Changes in Wages and 
 Hours ; the Reports of the American Industrial Oommis- 
 sion ; L. L. Price : Industrial Peace ; Sliding Scales and 
 Economic Theory, in the Report of the British Association, 
 1889, pp. 523-35 ; and review of Ashley's Adjustment of 
 Wages, Economic Journal, September, 1903 ; J. E. 0< 
 Munro : SUding Scales in the Coal Industry, in the Report 
 of the British Association, 1885 ; Sliding Scales in the Iron 
 Industry, in the Journal of the Manchester Statistical 
 Society, 1885 ; and Sliding Scales in the Coal and Iron Indus- 
 tries, 1885-9 ; S. J. Chapman, Some Theoretical Objections 
 to SUding Scales, Economic Journal, Jime, 1903 ; W. J. 
 Ashley, The Adjustment of Wages, a study in the coal and 
 iron industries of Great Britain and America ; N. P. Oilman, 
 SUding Scales, in Methods of Industrial Peace, pp. 129-48 ; 
 W. Smart : Sliding Scales, in Studies in Economics, pp. 63- 
 106 ; and SUding Scales, art. in Palgrave's Dictionary of 
 PoUtical Economy ; J. S. Jeans, SUding Scales, in GonciUation 
 and Arbitration in Labour Disputes, pp. 51-101 ; H. R. 
 Smart, Miners' Wages and Sliding Scales ; D. Jones, The Mid- 
 land Iron and Steel Wages Board, in W. J. Ashley's British 
 Industries ; S. and B. Webb, History of Trade Unionism, 
 pp. 484-6 ; C. D. Wright : the Amalgamated Association 
 of Iron and Steel Workers, Quarterly Journal of Economics, 
 July, 1893 ; and the National Amalgamated Association of 
 Iron, Steel and Tin Workers, 1892-1901, Quarterly Journal 
 of Economics, November, 1901 ; SUding Scales, Particulars 
 of past, present and proposed.
 
 PRIVATE. 73 
 
 The United States. — I do not purpose entering 
 into details of the whole system of voluntary con- 
 ciliation and arbitration in the United States, but 
 shall limit myself to two of the most interesting of 
 the newer organisations. 
 
 The National Civic Federation. — As a result of the 
 " Pullman Strike," the Civic Federation of Chicago 
 was formed in 1894, and held its first conference on 
 November 13th and 14th of that year. Gradually 
 this Chicago organisation developed into theNational 
 Civic Federation, which in its turn held its first 
 conference at Chicago on November ITth and 18th, 
 1900, its second at New York on December 16th and 
 17th, 1901, and its third at New York on December 
 8th, 9th, and 10th, 1902. The first conference of the 
 National Civic Federation, in an " Appeal to the 
 American People," recommended the adoption of 
 annual or semi-annual joint agreements and the 
 creation of joint boards of conciliation. At the second 
 conference an " Industrial Department of the 
 National Civic Federation " was organised, and its 
 objects were defined in a " Standard of Purpose." 
 The chief of these were " to promote industrial 
 peace and prosperity," " to endeavour to obviate and 
 prevent strikes and lockouts," to encourage 
 " mutual agreements as to conditions under which 
 labour shall be performed," and " to act as a 
 forum to adjust and decide upon questions at issue 
 between workers and their employers." The depart- 
 ment will not assume powers of arbitration unless 
 such powers are conferred by both parties to a
 
 74 CONCILIATION AND ARBITRATION. 
 
 dispute. Two by-laws of the committee are as 
 follows : — 
 
 " Conciliation Committee. The chairman shall 
 appoint a committee on conciliation to consist of nine 
 members, three of whom shall be selected from each 
 group, whose duty it shall be, upon notice from the 
 chairman of a threatened strike or lockout of more than 
 local magnitude, to use its good offices in restoring 
 harmonious relations, reporting its action to the Exe- 
 cutive Committee. 
 
 *' Arbitration. Should the efforts of the Conciliation 
 Committee prove ineffective, and should both parties 
 to the dispute desire the services of the Executive 
 Committee of this department, they may be invited 
 to select two employers and two wage-earners from the 
 said Executive Committee to serve as an arbitration 
 board. Should the four find it necessary to appoint 
 an umpire to finally decide the dispute, they may select 
 a fifth member from the group representing the public." 
 
 The Executive Committee referred to above 
 consists of forty-eight members,* sixteen on the 
 part of the public, sixteen on the part of em- 
 ployers, and sixteen on the part of wage-earners. On 
 the Executive Committee (September, 1904) such men 
 are to be found as Grover Cleveland, ex-president of 
 the United States, Andrew Carnegie, Archbishop 
 John Ireland of the K. C. Church St. Paul, Bishop 
 Potter of the Protestant Episcopal Church of New 
 York City, and Samuel Gompers, president of the 
 American Federation of Labour. These few names 
 suffice to show the very general interest taken in the 
 National Civic Federation. 
 
 * The original number was thirty-six, but it has since 
 been increased.
 
 PRIVATE. 75 
 
 The Conciliation Committee to deal with Strikes 
 and Lockouts was organised in March, 1902. It has 
 done all its best work through conciliation and 
 mediation, and as the purpose of this work would 
 naturally be defeated if given publicity, little is 
 generally known of what the committee has really 
 done. It appears, however, that more than 100 
 cases were dealt with during the first year of the 
 committee's existence, and in a large proportion of 
 these cases the committee's efforts were entirely 
 successful. 
 
 The most accessible impartial evidence we possess, 
 dealing with the National Civic Federation in general, 
 is in the Report of the Mosely Industrial Commission. 
 Mr. Mosely in his introduction, says that the delegates 
 were much impressed and interested by this organisa- 
 tion. The following document was signed by all 
 the delegates present in New York at the time the 
 question was being discussed there : — ■ 
 
 " In the course of our travels and investigations in 
 the United States of America, the excellent results 
 achieved by the National Civic Federation of America 
 have been brought to our notice ; the Federation having 
 been successful among other things in bringing capital 
 and labour into closer touch, thus providing a practical 
 solution of many of the difficulties and vexed questions 
 which arise between the two." 
 
 " One of the most important features of the Federation 
 is the Section, whose duty is to get information on the 
 first sign of pending trouble, and in the earliest stages 
 of a dispute to step in for the purpose of bringing the 
 contending parties together at a round-table conference 
 before any breach has actually taken place and before
 
 76 CONCILIATION AND ARBITRATION. 
 
 either side has assumed a position from which it can re- 
 cede only with difficulty, and in our opinion it would be 
 a benefit to both workers and employers were some 
 similar organisation brought into being in Great Britain." 
 
 " In expressing this view, we do not desire in any way 
 to interfere with the bodies which already exist for 
 mediation and conciliation in the Board of Trade, 
 Chambers of Commerce, Trade Conciliation Boards, etc., 
 or agreements between employers' associations and work- 
 men's organisations, but if possible to establish a further 
 means, not so much for the adjustment of troubles after 
 they have arisen, as for their prevention." 
 
 " As representatives of our respective Trade Unions 
 it will be our duty, on our return to our own country, 
 to place before our members the object of this branch 
 of the work of the Civic Federation, and we also hope 
 to have the co-operation of other trade organisations, 
 large and small, throughout the United Kingdom." 
 
 Deferring all comment on those parts of the above 
 document, which refer to the establishment of a 
 National Civic Federation in the United Kingdom 
 to the concluding Chapter, I quote the personal 
 opinions of one or two of the delegates. Mr. P. 
 Walls, of the National Federation of Blast-furnace- 
 men, writes as follows : * 
 
 " If I thought that such a body {i.e. the Civic Federa- 
 tion) would attempt to assume the role of arbitrator or 
 in any way interfere in the technicalities of a dispute, I 
 would have nothing to do with it ; but its sole function 
 is to use every means possible to bring contending parties 
 together, particularly before the real rupture takes place 
 or before it becomes too great to be easily healed. I 
 have no hesitation in saying that had there been a 
 
 * Report of the Mosely Industrial Oommission, p. 20.
 
 PEIVATE. 77 
 
 similar institution in this country, it would have saved 
 many thousands of pounds to both capital and labour and 
 many a bitter tear." 
 
 Mr. Geo. N. Barnes, of the Amalgamated Society 
 of Engineers, writes ; * 
 
 " I believe that a Civic Federation anywhere is a good 
 thing, if founded on the principle of free public conference 
 and discussion, on the part of men honestly trying to 
 find a way out of industrial and social ills and provided 
 it does not in any way weaken organisation." 
 
 The opinion of Mr. D. C. Cummings, of the Iron 
 and Steel Shipbuilders' and Boilermakers' Society, is 
 as follows : t 
 
 " I heartily approve of the formation of such bodies 
 as the Civic Federation and would at all times lend my 
 assistance to the formation of any similar body at home, 
 having for its object the obtaining of Industrial Peace 
 by reason and common sense, aided by intelligent public 
 opinion. The formation in Great Britain of a body 
 similar to the Civic Federation is well worthy of a trial." 
 
 The chorus of hearty approval with which the 
 National Civic Federation is greeted, clearly shows 
 that it is doing good work, and this no doubt is largely 
 due to the relative lack of other voluntary systems of 
 conciliation and arbitration in the United States. 
 Voluntary systems of very considerable importance 
 do of course exist and do good w^ork, and if no men- 
 tion of them is made here, it is only because there is 
 nothing so peculiar about them, as to justify a claim 
 
 * Report of the Mosely Industrial Commisbion, p. 77. 
 t Report of the Mosely Industrial Commission, p. 89.
 
 78 CONCILIATION AND ARBITRATION. 
 
 upon tlie very limited space at my disposal.* It will 
 be seen that the principle on which the National 
 Civic Federation rests, is the equality of interest in 
 industrial disputes of employers, employees and the 
 general public. It is upon this same principle that 
 compulsory arbitration is largely based, but the 
 method of solving the difficulties in the two cases is as 
 different as can be. The National Civic Federation 
 stands essentially for conciliation, and no well- 
 wisher of industrial peace could withhold his 
 support from it. It would seem doubtful whether 
 similar institutions would succeed equally well in 
 other countries. The success of the organisation 
 depends largely upon a relative want of conciliation 
 facilities ; upon employers and employees having 
 
 * The best general account of private conciliation and 
 arbitration in the United States will be found in the French 
 Report, De la Conciliation et de 1' Arbitrage, etc., and in 
 the Reports of the American Industrial Commission. The 
 account in the Reports of the Royal Commission on Labour 
 is very short. J. D. Weeks, Industrial Conciliation and 
 Arbitration in New York, Ohio and Pennsylvania, deals 
 with the subject thoroughly up to 1880. Oilman, Industrial 
 Peace, gives more recent information on one or two points 
 than any of the above reports. For details of what is taking 
 place in special industries the reader may consult the follow- 
 ing : T. A. CarroU, Conciliation and Arbitration in the 
 Boot and Shoe Trade, in the Bulletin of the U.S. Depart- 
 ment of Labour for January, 1897 ; as well as the articles 
 in Peters, Labour and Capital : O. M. EidUtz, Volmitary 
 Arbitration : Experience in the building trades ; H. W. 
 Hoyt, Voluntary Arbitration : Experience of the Founders ; 
 W. L. Douglas, Voluntary Arbitration : Experience of a 
 Shoe Factory ; T. J. Hogan, Voluntary Arbitration : 
 Experience of Stove Manufacturers ; and M. Fox, Voluntary 
 Arbitration : Experience of Iron ^Moulders.
 
 PRIVATE. 79 
 
 reached a stage wliere they prefer peaceful to warlike 
 methods of settling disputes, and where the right 
 spirit of friendliness and sympathy exists between 
 them, which is so essential to successful conciliation ; 
 and upon the public being sufficiently interested in 
 industrial affairs and understanding them well enough 
 to be able to form a correct opinion of any case, 
 when supplied with full information and being willing 
 to give their moral support to the party they consider 
 in the right. In Chapter VIII. a short discussion 
 will be found, as to whether conditions exist in the 
 United Kingdom, favorable to the establishment of a 
 Civic Federation. With regard to other countries, it 
 is difficult to say anything definite, as much of the 
 information is lacking, upon which an opinion could 
 be based.* 
 
 The Chicago Board of Arbitration.'^ — One of the 
 most recent private boards of arbitration in the 
 United States is the Chicago Board of Arbitration. 
 The Board was completed in June, 1902, and is com- 
 posed of the heads of seven employers' associations 
 and the heads of the seven corresponding labour 
 organisations, all being connected with the "team- 
 ing" industry. The manner in which this board 
 becomes involved in a strike is very interesting, 
 and turns upon the fact that there are few 
 
 * For details about the National Civic Federation the 
 reader may consult the Reports of the Conferences held 
 under its auspices (see BibUography) ; the Monthly Review, 
 the periodic pubhcation of the Federation : and the Report 
 of the Mosely Industrial Commission. 
 
 -j- For details see the Monthly Review, April, 1903;
 
 80 CONCILIATION AND ARBITRATION. 
 
 industries in the country which do not employ 
 teamsters. The common mode of procedure is as 
 follows. When a strike occurs on the plant of a 
 manufacturing company, the strikers at once throw 
 out picket lines. As soon as a teamster appears with 
 a load of coal or flour, or starts away with a load of 
 the manufacturer's product, the picket intercedes on 
 behalf of the strikers, asking the driver to deliver 
 nothing to or for the manufacturer. The teamster 
 telephones to his local president and the manu- 
 facturer telephones to the team owner, who in turn 
 notifies the president of the association for the sub- 
 division of " teaming" concerned. Officers of both sides 
 then go to the scene of the trouble and try to 
 bring about, either a settlement, or the submission of 
 the matter to their board of arbitration. If the 
 conciliatory efiorts of this joint committee are not 
 successful and if the strike continues, the teamsters, 
 honouring their contract with the team owners, decline 
 to be interfered with by the pickets and continue 
 their work. 
 
 The board, as one of its first duties, brings about, if 
 possible, a conference between the two contending fac- 
 tions, and in these efiorts, supported by the influence 
 of its members and the standing it has attained in the 
 eyes of the Chicago public, it is generaUy successful. 
 
 The man to whom the board owes its origin and its 
 success is Mr. John C. Driscoll, who, as mediator, 
 has settled many disputes without the board being 
 called. According to the Monthly Review, settle- 
 ments between individual team owners and teamsters
 
 PRIVATE. 81 
 
 are occurring daily, from three to seven cases or 
 disputes being handled every day in Mr, Driscoll's 
 rooms. A good many of the cases dealt with by the 
 board are mentioned in the Monthly Review for April, 
 1903, and nothing is more remarkable than the success 
 which has attended the efforts of the board and Mr. 
 Driscoll in settling disputes after strikes have already 
 begun. It appears that nearly every dispute which 
 has arisen in Chicago in any line has been settled by 
 the board in a manner satisfactory to both sides. 
 
 Other Coimtries. — Generally speaking, private con- 
 ciliation and arbitration are developed to a very small 
 extent only in countries other than the United 
 Kingdom and the United States. The French system 
 is fairly well developed ; in Belgium there is one good 
 example in the " Chambers of Explanations " of the 
 collieries of Mariemout and Bascoup, and these owe 
 their origin to Mr. Julien Weiler, a mining engineer 
 at the collieries, who helped to organise the 
 chambers in 1877. In Germany there is practically 
 no private conciliation and arbitration at all. It is 
 noteworthy that in all these three countries there 
 exist systems of Government conciliation and 
 arbitration for disputes arising out of existing con- 
 tracts, as well as for disputes arising out of the terms 
 of future contracts.* 
 
 * For details of the systems of private conciliation and 
 arbitration in France, Belgium and Germany the follow- 
 ing may be consulted : Reports of the Royal Commission 
 on Labour, De la ConciUation et de 1' Arbitrage, etc., and the 
 Reports of the American Industrial Commission. (What 
 German system does exist is omitted in these reports as too 
 unimportant to be mentioned.) 
 
 G
 
 82 CONCILIATION AND ARBITRATION. 
 
 CHAPTER V. 
 
 VOLUNTARY o. COMPULSORY STATE CON- 
 CILIATION AND ARBITRATION. 
 
 Ant one investigating the subject of industrial 
 conciliation and arbitration some ten 7eara ago or 
 more, was in the fortunate position of being able 
 to dismiss tbe question of compulsion in the briefest 
 manner,* Now the position is very different. No 
 essay on conciliation and arbitration would be com- 
 plete without a discussion of this very important 
 question. It has passed out of the realm of theory 
 into that of practice, and it can no longer be said of 
 it that it is not " definite or practical enough to bear 
 serious examination." On the contrary, the problem 
 has assumed such importance as to require a double 
 discussion ; in the first place, it is necessary to 
 
 * The following passage from the Recommendations of 
 the j^oyal Oommission on Labour, Fifth and Final Report 
 (1894), Part I., §299, may be quoted as an illustration : — 
 
 " In the case of the larger and more serious disputes aris- 
 ing with regard to the terms of future agreements, frequently 
 between large bodies of workmen on the one side and em- 
 ployers on the other, we have had to consider, in the first 
 place, suggestions for the compulsory reference of such dis- 
 putes to State or other boards of arbitration, whose awards 
 should be legally enforceable. No such proposal, however, 
 appeared toj'us to be definite or practical enough to bear 
 serious examination,'
 
 VOLUNTARY v. COMPULSORY STATE. 83 
 
 consider theoretically, whether compulsory arbitra- 
 tion is desirable, and whether it is feasible in a large 
 industrial country ; and in the second place, practi- 
 cally, what success it has achieved in Australasia, 
 where it has been at work for several years. In this 
 chapter the various kinds of Government conciliation 
 and arbitration are to be discussed, and the theoretical 
 questions connected with compulsory arbitration 
 will receive particular attention ; the next two 
 chapters will be devoted to the consideration of 
 practical legislation. 
 
 Although all State arbitration can be classified as 
 voluntary or compulsory, it is necessary to recognise 
 that it can take various forms, in each of which the 
 degree of compulsion may differ, though for practical 
 purposes the term compulsory arbitration is applied 
 to the one kind only, in which the parties to a 
 dispute are obliged to refer it to arbitration and 
 the decision is legally enforceable. This will be re- 
 ferred to again below, and here I wish to enter into 
 the question of the kinds of Government conciliation 
 and arbitration by considering the recommendations 
 of the United States Industrial Commission with 
 regard to the various proposals for extending 
 the practice of conciliation and arbitration, and 
 making it more effective by means of legislation. 
 The first proposal considered by the United States 
 Industrial Commission was that for the establishment 
 of State boards and the increase of their powers. 
 The commission was of the opinion, that results of no 
 little importance could be accomplished by such 
 
 U 2
 
 81 CONCILIATION AND ARBITRATION. 
 
 boards had they adequate powers, particularly with 
 regard to the right of calling for evidence. The 
 serious effect of prolonged industrial disputes upon 
 the public welfare may justify a certain degree of 
 inquisitorial investigation, especially as to some 
 classes of disputes, such as those affecting quasi- 
 public industries, or those involving large numbers of 
 persons, or those resulting in violence or other serious 
 public injury. The commission suggested the estab- 
 lishment of a national board of arbitration and 
 conciliation, composed of persons familiar with the 
 conditions of labour and industry, who would devote 
 their whole time to these duties alone and who could 
 supplement in many ways the work of State boards. 
 The second proposal, which came before the com- 
 mission, was one to extend by means of legislation 
 voluntary methods of collective bargaining, arbitra- 
 tion and conciliation within the several trades them- 
 selves. Whilst recognising the desirability of 
 extending voluntary methods of adjusting difierences 
 as to labour matters, the commission was of the 
 opinion that mere legal authorisation of such methods 
 had no significance, seeing that all such laws in the past 
 had proved dead letters. On the other hand. State 
 boards may encourage employers and employees 
 to establish voluntary boards of a more informal 
 character. It is both practicable and desirable 
 that some department of Stat-^- should obtain and 
 publish as complete information as possible concern- 
 ing the working of voluntary systems ; and it might 
 even be desirable for the State to require those who
 
 VOLUNTARY v. COMPULSORY STATE. 85 
 
 participate in such systems, to report from time to 
 time to the State authorities. 
 
 It is interesting at this point to compare the re- 
 commendations of the American Industrial Commis- 
 sion with those of the Royal Commission on Labour. 
 The latter was opposed to the establishment of State 
 boards, but expressed the belief that a central depart- 
 ment, possessed of an adequate staS, might do much 
 by advice and assistance to promote the more rapid 
 and universal establishment of trade and district 
 boards, adapted to circumstances of various kinds. 
 On this point, it will be seen, the American Commis- 
 sion practically confirmed the recommendation of its 
 English predecessor. * 
 
 The third proposal placed before the Industrial 
 Commission was one dealing with the enforcement 
 of voluntary agreements between employers and 
 organisations of employees, and of the decisions of 
 arbitrators, where the parties to disputes voluntarily 
 submit to arbitration. In favour of this it was urged, 
 that the responsibility of both parties in collective 
 bargaining and arbitration would be greatly increased, 
 and that employers and employees, who are now 
 unwilling to resort to these methods, because they 
 have no certainty that the agreements and awards 
 will be carried out, would be more inclined to enter 
 into them. On the other hand, many employers 
 
 * The recommendations of the English and American 
 Commissions will be found respectively in the Fifth and Final 
 Report of the Royal Commission on Labour, Part I., and in 
 the Nineteenth and Final Report of the Industrial Commis- 
 sion.
 
 86 CONCILIATION AND ARBITRATION. 
 
 and a large majority of working men are opposed to 
 compulsory enforcement of agreements and awards 
 of arbitrators. Boards in the past, which were 
 equipped with powers to render legally enforceable 
 decisions, have not been successful. Nevertheless 
 the commission expressed the opinion that permissive 
 measures, enabling those employers and employees 
 who desired to do so to enter into legally enforceable 
 agreements, would be advantageous. 
 
 The fourth proposal considered by the commission 
 was one to compel efiorts towards the settlement of 
 disputes by conciliation and arbitration, before the 
 cessation of employment by either the employer or 
 the employees. The commission seemed to be favour- 
 able to this suggestion in theory, but strongly doubted 
 whether it is practicable. It was of the opinion 
 that the success of conciliation and arbitration 
 depends primarily upon their being voluntary-; 
 but even leaving this question aside, the workmen 
 would be opposed to the suggestion, because prompt 
 action in striking is often a condition of success. 
 There would also be difficulty in applying such a 
 measure to cases where union and non-union men wer6 
 employed in the same establishment, for there might 
 be a division between them, as to a selection of arbi- 
 trators or as to other causes of action. In the same 
 way, employers and employees in difierent works and 
 difEerent localities might not agree. Lastly, the sys- 
 tem would encounter, to a considerable extent, the 
 same difficulty in enforcement as compulsory arbitra- 
 tion itself. In the face of these difficulties the
 
 VOLUNTARY v. COMPULSORY STATE. 87 
 
 commission recommended, that sliouid it be found 
 desirable to enact some legislation of the kind indi- 
 cated, it would be as well to limit the measure to the 
 quasi-public services, such as transportation, and to 
 those of unusual influence upon the public welfare. 
 
 The last proposal considered was one for compulsory 
 arbitration with legal enforcement of decisions. The 
 commission expressed itself as unfavourable to com- 
 pulsory arbitration proper, though it considered that 
 it might be desirable to adopt it with regard to inter- 
 state carriers, provided the principle of limited com- 
 pulsory arbitration was generally adopted. 
 
 Having . now seen the various forms which State 
 interference in industrial disputes can take, we may 
 proceed to examine more closely the case for and 
 against compulsory arbitration. Firstly, we may ask 
 ourselves, on what grounds compulsory arbitration 
 has been put forward as a remedy for industrial war- 
 fare. Those in favour of compulsory arbitration 
 state their case somewhat as follows : Industrial 
 warfare is exceedingly expensive and involves in loss, 
 not only the parties concerned in the dispute, but also 
 the general public. Hence the latter is fully justified 
 in seeking a solution for the evil. Private conciliation 
 and arbitration have failed ; voluntary State concilia- 
 tion and arbitration have failed ; nothing remains but 
 compulsory arbitration. 
 
 Admitting freely that strikes and lockouts are a 
 great evil, and that the general public is justified in try- 
 ing to find a remedy, we may turn our attention to the 
 statement that voluntary conciliation and arbitration
 
 88 COMCITJATION AND ARBITRATION. 
 
 of all kinds have failed. The Hon. W. P.Reeves* 
 lias attempted to show that England's position in 
 this respect is very undesirable. " Voluntary ar- 
 rangement has been earnestly urged and patiently 
 tried for many years in England. What is the out- 
 come ? Eleven thousand strikes in thirteen years." 
 It is hardly necessary to remind the reader that a 
 single figure produced like this one to prove the failure 
 of voluntary conciliation and arbitration in England, 
 can carry no conviction with it at all. Statistics are 
 only valuable in economics if they ofier a field for 
 comparison, and it is very noticeable that Mr. Reeves 
 produces no such figures at all ; for had he done so, 
 the great growth of industrial peace in England during 
 recent years would have been evident.f Comparative 
 statistics tend to show that voluntary conciliation and 
 arbitration have been exceedingly successful in Great 
 Britain, and none of Mr. Reeves's arguments appear 
 to be convincing. He seems to imply that all case<j 
 which the permanent conciliation boards consider, 
 but do not settle, are proofs of failure on the part of 
 the boards. As a matter of fact, a large number of 
 cases are settled by mutual agreement between the 
 parties and are withdrawn, which shows that 
 the services of the boards were not necessary. Again, 
 Mr. Reeves considers the fact, that most of the cases 
 dealt with involved no stoppage of work, as another 
 
 * State Experiments in Australia and New Zealand. 
 Vol. II., pp. 69-85. 
 
 t This point will be considered in detail in the conclud- 
 ing chapter,
 
 VOLUNTARY v. COMPULSORY STATE. 89 
 
 sign of failure, whilst in reality it is one of tlie most 
 satisfactory features about the whole work of the 
 boards.* 
 
 This same gentleman in attempting to estimate 
 the value of the Conciliation Act, 1896, from 
 his New Zealand standpoint of " Industrial 
 peace at any price," naturally misjudges its 
 value. " The English Conciliation Act, has proved 
 useless either to prevent or to compose the 
 more serious labour conflicts ; when put to 
 anything like a severe test it has simply 
 failed." The Act is essentially complementary to 
 the English private system of conciliation and arbi- 
 tration, and the small number of cases which have 
 arisen under it proves the perfection of the trade 
 boards. It never was intended to " settle or com- 
 pose the more serious labour conflicts," There 
 are certain industrial disputes which nothing but 
 a strike can settle satisfactorily, though some people 
 refuse to recognise this. No better example of such 
 a dispute could be given than the one taken by Mr. 
 Reeves to prove the failure of the Conciliation Act, 
 
 * The passage I refer to is in " State Experiments in 
 Australia and New Zealand '' (II. 77) : " In the annual 
 report of the English Board of Trade of strikes and lockouts 
 in 1899 it is mentioned that fifty-three permanent Concilia- 
 tion Boards considered 1,232 cases and managed to settle 
 675 of them. The report frankly admits, however, that 
 very few of these cases involved a stoppage of work, and 
 pleads that ' the main work of the agencies for conciUation 
 and arbitration is the settlement, not of strikes or lockouts, 
 but of questions which might otherwise lead to them.' '--
 
 90 CONCILIATION AND ARBITRATION. 
 
 viz., the engineering conflict of 1897.* Forty-seven 
 thousand five hundred men struck demanding an 
 eight hours day and the employers of all these men 
 refused the demand. There was no question of 
 right and wrong, of justice or injustice, about a dis- 
 pute like this one, and no court of arbitration was 
 competent to solve it. Mr. Reeves calls the un- 
 successful intervention of the Board of Trade an 
 illustration of the failure of the Act. The only thing 
 it really shows is that the Board of Trade was 
 mistaken in offering its services in a dispute where 
 any satisfactory solution, other than that brought 
 about by a strike, was impossible. 
 
 So far I have attempted to show that the up- 
 holders of compulsory arbitration are wrong in 
 asserting that voluntary conciliation and arbitration 
 are a failure, and in basing a need for compulsion 
 upon this. The real question of the justification 
 of compulsory arbitration caimot lie in the 
 success or failure of voluntary conciliation and 
 arbitration, but only in the intrinsic value of the 
 thing itself. Opponents of compulsory arbitration 
 are legion, and amongst them no one is in a better 
 position to understand fully the problem than Col. 
 Carroll D. Wright, the well-known Commissioner of 
 the United States Department of Labour. It is in 
 his words that I first wish to introduce to the 
 
 * A good account of the causes leading up to the strike 
 and of the strike itself will be found in M'Pherson, Voluntary 
 Conciliation and Arbitration in Great Britain,
 
 VOLUNTARY v. COMPULSORY STATE. 91 
 
 reader some of tlie objections to compulsory arbitra- 
 tion. * 
 
 " Without discussing the incongruity of the term, 
 you might as well speak of voluntary coercion as com- 
 pulsory arbitration — the first economic result of com- 
 pulsory arbitration would be to compel the manufacturer, 
 for instance, to pay a certain wage under penalties of 
 law, which is a very distinct attempt to establish wages 
 by law, and hence prices ; and any compulsory arbitra- 
 tion law ought to provide that if the prices are not 
 paid, such as would be necessitated by the lawful wage, 
 the purchaser would be held responsible in some way. 
 And, on the other hand, it would compel the employee 
 to work for a wage which he did not wish to, and hold 
 him responsible under some form of penalty for not 
 working for 1.80$ or 2 $—1.80$ when he was getting 
 2 $ — and there is no law big enough to put everybody 
 in jail. Some would have to be left outside. Every 
 time any country has attempted to fix wages by law, 
 wh^her in America or Europe, there has been a very 
 contemptible failure. The second effect of compulsory 
 arbi^tion would be to compel the employer to shut 
 up hj»- works, and all employees, if they did not like the 
 decisi©ii, to quit work and leave the country. The 
 third would be, if the manufacturer saw fit to carry ou 
 his works under the decision of a court of compulsory 
 arbitration, to compel him to join a trust immediately, 
 and I think if the government ever wants to drive every- 
 body into the trust form of carrying on business, com- 
 pulsory arbitration would be perfectly satisfactory. It 
 seems to me it would kill industry. I have no faith 
 in it either from a moral or an economic point of view. 
 I have always so expressed myself. It is a doctrine 
 
 * The following passage is taken from the evidence given 
 by Colonel Wright, before the United States Industrial 
 Oommission and -will be found in the Reports of the Oom- 
 mission. Vol. VII. pp. 11 and 12,
 
 92 CONCILIATION AND ARBITRATION. 
 
 which, so far as I know, finds no approval of organised 
 labour anywhere. I have never known of any Trade 
 Unionist or member of a labour organisation of what- 
 ever character, to approve compulsory arbitration. 
 There may have been cases. Certainly the employer 
 would not approve it. While I believe in arbitration 
 as a help, never as a solution of labour problems, it 
 seems to me that compulsory arbitration would be a 
 positive injury." 
 
 The reader will probably ask, what answer would 
 a believer in compulsory arbitration make to the 
 objections of Colonel Wright ? He would very likely 
 reply somewhat to this effect : Compulsory arbitra- 
 tion does not oblige an employer to pay wages above 
 those he wishes to pay, or to work under conditions 
 he does not choose to work under. It simply 
 says, if you wish to continue to work, you raust 
 pay those wages and work under those condi1i|ins 
 which the award prescribes. In the same J§ay, 
 no employee needs to accept any wage unlep he 
 chooses, only if he wishes to have work, he nijfet be 
 satisfied with the wage laid down by the award. 
 Further he would proceed to argue, that trusts have 
 not been encouraged in New Zealand,* and that if 
 there was one party in that country which liked 
 compulsory arbitration it certainly was the trade 
 unionist. Hence Col. Wright must be mistaken, 
 
 * Since writing this passage I have discovered that the 
 New Zealand Department of Labour has recently issued a 
 report dealing with trusts and combinations, which seems 
 to indicate that New Zealand has seen a large growth of this 
 form of industrial organisation in recent years,
 
 VOLUNTARY v. COMPULSORY STATE. 93 
 
 when he says no labour organisation approves 
 of compulsory arbitration. 
 
 Taking the points of this imaginary reply in turn, 
 the very first thing which strikes one is, that whenever 
 an employer has invested his capital in buildings and 
 machinery, he cannot cease to continue his business 
 at a moment's notice without involving himself in 
 ruinous loss. This is, however, the only alternative 
 to accepting a compulsory arbitration award. The 
 chances are, therefore, that an employer will 
 continue his business and pay wages which the con- 
 dition of trade does not justify. This cannot 
 continue long, and the following alternatives will 
 present themselves to the employer : either he must 
 withdraw all the capital possible from the business and 
 go ^nd set up elsewhere, or he must raise his prices. 
 It ^this latter alternative, as we shall see in Chapter 
 VII., which has happened in New Zealand. The posi- 
 tion of t^Q workman is different from that of the em- 
 ploye?. There are no ties of capital to retain him 
 in any given business, so that if adverse awards 
 were n^de — which so far practically never has been 
 the ca1^-he might refuse to continue work and try 
 his luck elsewhere. He would probably find 
 the same wages and conditions prevailing every- 
 where in the country, and emigration would appar- 
 ently be the only remedy, if the employers were not 
 voluntarily ready to improve the conditions and 
 raise wages. Compulsory arbitration may not have 
 directly encouraged trust formation in New Zealand, 
 but indirectly, at least, it must have fostered
 
 94 CONCILIATION AND ARBITRATION. 
 
 understandings among employers, for otherwise 
 prices could certainly not have risen as they have 
 done. 
 
 The last point, the attitude of trade unionists 
 towards compulsory arbitration, is not quite simple. 
 There is no doubt that some unions and 
 unionists are in favour of compulsory arbitration, 
 but it will always be noticed that it is the weakest 
 unions which are so. The reason of this is not very 
 difficult to find. Compulsory arbitration and trade 
 unionism are irreconcilable. They are two things 
 trying to achieve the same end by different methods. 
 The one depends upon the power and authority of the 
 State, the other upon the influence acquired by a 
 limited number of persons acting together. The 
 former tends to take away all the liberty of action, 
 which the latter is ever struggling to gain. It is t)nly 
 natural that powerful unions of long standing should 
 be opposed to compulsory arbitration ; the younger 
 and weaker ones, however, sometimes believe that 
 they see in it a quick means to acquire the advantages 
 at present enjoyed by the older ones. As a jtotter of 
 fact, they would probably lose what posifRi they 
 have and degenerate and split up into the petty dis- 
 pute-loving " industrial unions " of Australasia, from 
 which all the best characteristics of the English trade 
 unions, the excellent educational work and the in- 
 surance facilities against accidents, sickness and want 
 of work, are entirely missing. 
 
 The attitude of English trade unions is best shown 
 by the voting at the 1903 Trades Union Congress
 
 VOLUNTARY v. COMPULSOEY STATE. 95 
 
 upon the following compulsory arbitration reso- 
 lution* : — 
 
 " That in the opinion of this Congress courts of com- 
 pulsory arbitration shall be constituted by equal numbers 
 of employers' and workmen's representatives, the latter 
 to be selected by ballot of union members affiliated to 
 this Congress, each union being entitled to nominate 
 a candidate for the office of arbitrator. The courts so 
 constituted to be presided over by a Lord Justice. Such 
 courts as are necessary to embrace the great trades of 
 mining, agriculture, textile, transport, engineering, 
 building and general trades. The decisions of the courts 
 to be final and to cover a period of at least one year, or 
 such period as may be agreed upon by mutual consent 
 of the parties interested. The courts so established 
 to be movable courts, to take evidence, when advisable, 
 in any district or centre of industry affected. All docu- 
 ments necessary, dealing with wages, profits, or manage- 
 ment, shall be produced under penalty of imprisonment. 
 Only unions agreeing to come under jurisdiction 
 of Compulsory Arbitration Court to have the right 
 of nomination or election of Commissioners for the 
 several courts." 
 
 A vote by card on the above resolution produced 
 the following result : — 
 
 Votes. 
 For the resolution .... 251,000 
 Against 899,000 
 
 Majority against .... 648,000 
 
 The above voting clearly shows that English 
 unionists are largely opposed to compulsory arbitra- 
 tion. The American unionists are so to a still greater 
 
 * Thirty-sixth Annual Report of the Trades Union Oon» 
 gress, 1903, p. 84.
 
 96 CONCILIATION AND ARBITRATION. 
 
 extent, and the National Civic Federation of 
 America, representing employers, employees and 
 the general public, is no less opposed to it. 
 
 " The second conference was held at Chicago, Decem- 
 ber 17th and 18th, 1900, under the auspices of the 
 National Civic Federation . , . Much interest was 
 taken in the discussion of compulsory arbitration, and 
 the conference resulted in practically deciding that, 
 for the United States at least, the proper line of pro- 
 gress should be in the direction not of compulsory 
 arbitration, but of voluntary conciliation."* 
 
 The objections of trade unionists to compulsory 
 arbitration rest chiefly upon the opposition between 
 it and trade unionism ; there are, however, certain 
 fundamental objections which the economist and the 
 politician cannot ignore. In the first place, it is very 
 probable that the wrong wage will be paid. The reader 
 may say, this does not matter very much, because 
 over a long period the arbitrators will be as fre- 
 quently right as wrong. This is not the 
 case, because the most important function of the 
 wage is not so much to form an adequate remunera- 
 tion for work done, as to determine the scale 
 of an industry ; compulsory arbitration tends 
 entirely to destroy the sensitive relation which 
 should exist between demand and the organisation 
 of production. This is the great economic objection 
 to compulsory arbitration. The political one is of a 
 very difierent character. Boards of arbitration, 
 
 * Report of the Proceedings of the Conference held under 
 the auspices of the National Civic Federation in New York, 
 December 16 and 17, 1901, pp. iii. and iv.
 
 VOLUNTARY v. COMPULSORY STATE. 97 
 
 resort to which and the awards of which are enforced 
 by law, whose presidents are appointed by the 
 Government, and whose members are elected 
 according to law, will soon cause people to regard 
 wages as a political matter. A strike will become a 
 mutiny, which is very undesirable, and changes 
 in government become bread-and-butter questions, 
 which is hardly less undesirable, and is above all 
 serious in the case of the rising generation, which, 
 knowing no other system, will come to look upon the 
 government as the provider of the weekly wage. 
 Wages become a political question, and all discontent 
 is concentrated against the government. 
 
 Besides these fundamental objections to compul- 
 sory arbitration, there are others, such as the question 
 of the enforcement of decisions, which cannot be 
 entered into without drawing freely upon the results 
 of the working of compulsory arbitration in New 
 Zealand and New South Wales, and consequently 
 the remainder of the discussion will be left over till 
 Chapter VIL Before considering the subject of 
 practical legislation, I should like to remind the 
 reader of two important maxims : — 
 
 " The first essential to success in constructing or 
 developing any system of laws, is that such system 
 shall be in conformity with the conditions, ideals and 
 traditions of the community for which it is designed. 
 A system of legislation designed to regulate the 
 relations of labour and capital may work well in 
 Australasia, but it by no means follows that a similar 
 
 H
 
 98 CONCILIATION AND ARBITRATION. 
 
 system would work well in England or the United 
 
 States."* 
 
 The second maxim is also embodied in the words 
 of a well-known economist f : — 
 
 " When we wish to judge the success of any piece of 
 industrial legislation, we must not only take into con- 
 sideration the degree of the achievement of the object, 
 which the legislator had in view, when the Act was passed, 
 but also any subtle and unforeseen effects, which the 
 Act may have had on industry and society in general ; 
 and before we are able finally to decide whether any 
 piece of legislation is good and desirable, the evil effects 
 must be set off against the good effects, and it must be 
 found out on which side the balance lies." 
 
 If the reader bears these two maxims in mind, 
 when reading the next two chapters, he may save 
 himself from making false deductions as might 
 otherwise easily happen. 
 
 * G. F. Adams, in a paper read before the Oonference held 
 under the auspices of the National Givic Federation, at New 
 York, 8, 9 and 10 December, 1902. 
 
 I W. S. Jevons, State in Relation to Labour.
 
 VOLUNTARY STATE. 99 
 
 CHAPTER VI. 
 
 VOLUNTARY STATE CONCILIATION AND 
 ARBITRATION. 
 
 English Legislation. — The earliest English Act con- 
 cerning arbitration was passed in 1603, but the first 
 statute referring especially to the arbitration of labour 
 disputes is 1 Aime c. 22, passed in 1701.* During 
 the course of the 18th century two further statutes 
 were passed, both giving summary jurisdiction to 
 justices of the peace to determine disputes between 
 masters and servants in certain circumstances. 20 
 Geo. II. c. 19 did so, when the term of the hiring was 
 one year or longer, even though no rate of wages had 
 been fixed that year by the justices of the peace of the 
 shire. By 31 Geo. II. c. 11 the powers of the justices of 
 the peace were extended to agricultural labourers, but 
 they might interfere only in disputes arising during 
 the currency of the hiring, and had no power to bind 
 servants beyond that term. Besides these[two princi- 
 pal enactments of the 18th century, other less import- 
 ant ones provided for the settlement of disputes in the 
 
 * These two acts are referred to in the Reports of the 
 American Industrial Gommission, Vol. XVI., p. 172, but 
 Jevons in his " State in Relation to Labour " does not men- 
 tion themj Numerous details of early legislation previous to 
 1824 are given in G. Howell, " Labour Legislation, Labour 
 Movements, and Labour Leaders," pp. 433-6-. See also Ohap' 
 taan, Lancashire Cotton Industry, p. 185. 
 
 H 2
 
 100 CONCILIATION AND AEBITRATION. 
 
 cotton trade. The first arbitration Act of the 19th 
 century, 43 Geo. III. c. 151, also dealt with disputes 
 in the cotton industry. The most interesting thing 
 about all this early legislation for the settlement of 
 disputes by arbitration between masters and work- 
 men is, that it was attended with good effect, so that 
 the committee, which sat in 1824, to inquire into the 
 state of English labour legislation, thought it desir- 
 able that the laws which regulated and directed 
 arbitration should be consolidated, amended and 
 made applicable to all trades.* 
 
 In consequence of the recommendations of this 
 committee, an Act was passed in 1824, 5 Geo. IV. c. 
 96, based upon the French law for the establishment 
 of the Councils of Prud'hommes. No permanent 
 boards were established, but a justice of the peace 
 was to act as referee or appoint someone else to do so. 
 The operation of the Act was restricted to certain 
 trades and certain subjects.f By this Act no referee 
 
 * See Leoni Levi, History of British Commerce, London, 
 1880, pp. 176-7- 
 
 f The following disputes might be settled and adjusted 
 under the Act of 1824 : — 
 
 " Disagreements respecting the price to be paid for work 
 done or in the course of being done, whether such disputes 
 shall happen and arise between them respecting the pay- 
 ment of wages as agreed upon, or the hours of work as agreed 
 upon, or any injury or damages done or alleged to have been 
 done to the work, or respecting any delay or supposed delay 
 in finishing the work or not finishing the work in a good 
 and workman-Uke manner, or according to any contract or 
 to bad materials ; cases where workmen are to be employed 
 to work any new pattern which shall require them to purchase 
 any new implements of manufacture or to make any altera- 
 tion upon the oli implements for the working thereof, and
 
 VOLUNTARY STATE. 101 
 
 could establisli a rate of wages or price of labour at 
 which a workman should in future be paid, unless 
 with the mutual consent of both masters and work- 
 men. In these cases, however, the agreement was to 
 be valid, and the award final and conclusive between 
 the parties. Such awards, as in cases of awards deal- 
 ing with disputes within the jurisdiction of the referee, 
 might be enforced by sale, distress or imprisonment.* 
 During the twenty years immediately following the 
 passing of the Act, three small Amendment Acts were 
 passed.f None of these appears to have been of much 
 
 the masters and workmen cannot agree upon the compen- 
 Bation to be made to such workmen for or in respect there- 
 of ; disputes respecting the length, breadth or quality of 
 pieces of goods, or in the case of cotton manufacture, the 
 yarn thereof or the quantity or the quality of the wool there- 
 of ; disputes respecting the wages or the compensation to 
 be paid for pieces of goods that are made of any great or 
 extraordinary length ; disputes in the cotton manufacture 
 respecting the manufacture of cravats, shawls, policat, 
 romal and other handkerchiefs ; disputes arising out of, 
 for or touching the particular trade or manufacture, or con- 
 tracts relative thereto, which cannot be otherwise mutually 
 adjusted or settled ; disputes between masters and persons 
 engaged in sizing or ornamenting goods ; provided always 
 that all complaints by any workman as to bad materials 
 shall be made within three weeks of his receiving the same, 
 and all complaints arising from any other cause shall be made 
 within six days after such cause of complaint shall arise." 
 
 * This point has been dealt with more fully above. See 
 p. 48 n. 
 
 t The three Statutes referred to were : 7 Will. IV. and I 
 Vict. c. 67, 8 and 9 Vict. c. 77, and 8 and 9 Vict. c. 128. The 
 first of these extended the time for complaints by workmen, 
 other tlian as to bad materials, from six to fourteen days ; 
 the second made further regulations as to the tickets of work to 
 be delivered to persons employed in the manufacture of hosiery, 
 and the third, similar regulations with regard to silk weavers.
 
 102 CONCILIATION AND ARBITRATION. 
 
 avail, for a romniittce appointed by the House of 
 Commona in 1850* found that the Act of 1824 waa 
 entirely ignored by the people. The rcaaons to which 
 they attributed this failure were, firstly, the objection 
 people had to appear before magistrates ; secondly, 
 the fact that the Justices of the Peace appointed the 
 referee only when the dispute was submitted to him, 
 and people objected to submitting to the decision of 
 an unknown man; and lastly, the workmen often had 
 no confidence in the choice of arbitrators made by 
 magistrates, whom they suspected of not being im- 
 partial. The Committee proposed that a modification 
 of the existing law should be made, and that Courts 
 should be set up, capable of dealing only with disputes 
 arising out of existing contracts. 
 
 It was more than ten years before anything came 
 of these proposals, for it was not until 1867 that what 
 is known as Lord St. Leonard's Act was passed. This 
 was "an Act to establish equitable councils of con- 
 ciliation to adjust differences between masters and 
 men." Councils were to be formed under licence of 
 the Home Secretary, granted upon the petition of 
 masters and men in any particular trade or place. 
 The Councils were not to consist of fewer than two 
 masters and two workmen, and of not more than ten 
 of each. The Act provided for the appointment of a 
 chairman, who was unconnected with the trade. The 
 chairman, one master, and one workman were to form 
 a quorum and be able to make awards. The Council 
 was to appoint a Committee of Conciliation consisting 
 
 * See De la Oonciliation et de l' Arbitrage, etc,, p. Ji.
 
 VOLUNTARY STATE. 103 
 
 of one workman and one master, and only if these were 
 unsuccessful was a dispute to be remitted to the 
 Council, which might settle any dispute set forth in the 
 Act of 1824,* submitted to them by either party, or 
 any dispute whatever submitted to them by mutual 
 consent. No lawyer was to attend any sitting of the 
 Committee or Council unless agreed to by both sides. 
 Awards were to be enforced according to the provisions 
 of 5 Geo. IV. c. 96t 
 
 In 1872 the Masters and Workmen (Arbitration) 
 Act was passed to make further provision for arbitra- 
 tion between employers and employees. By the Act, 
 an agreement might be entered into between masters 
 and workmen, undertaking to submit all disputes to 
 arbitration concerning rates of wages to be paid, hours 
 or qualities of work to be performed, or the conditions 
 and regulations under which the work was to be done. 
 Penalties might also be specified to be incurred upon 
 the breach of any award, and these might be enforced 
 by distress or imprisonment. Under the Act an agree- 
 ment was to be made, when a workman accepted a 
 copy of an agreement from a master, provided he did 
 not give notice within 48 hours that he refused to be 
 bound by it. The binding nature of the awards was 
 almost removed by a clause providing that the agree- 
 ment might not require more than six days' notice to 
 be given by master or workman before such ceased to 
 employ or be employed. To insure awards being 
 made quickly, it was provided that the arbitrators were 
 
 * See footnote on p. 100. 
 f See footnote on p. 48^
 
 101 CONCILIATION AND ARBITRATION. 
 
 to lose their jurisdiction over any particular case 
 unless they heard and determined it within twenty-one 
 days of the event from which the dispute arose. 
 Under this Act the arbitrators were to have certain 
 powers of summoning witnesses before them and of 
 calling for the production of books, etc. 
 
 To show clearly what the intention of the Legislature 
 was w.th regard to this Act, a memorandum im- 
 mediately follows it in the book of Statutes and 
 explains that its uses are briefly three ; namely, 
 (1) To provide the most simple machinery for a 
 binding 8ubmis.sion to arbitration and for the pro- 
 ceedings therein ; (2) To extend facilities of arbitra- 
 tion to questions of wages, hours and other conditions 
 of labour and ; (3) To provide for the submission to 
 arbitration of future disputes by anticipation, without 
 waiting till the time when a dispute has actually 
 arisen and the parties are too much excited to agree 
 upon arbitrators. 
 
 The success of the Acts of 1867 and 1872 
 was no greater than that of the original Act of 
 1824, or in the words of the Final Report of the Royal 
 Commission of Labour* : "The Acts of 1824 and 
 1867, together with the .Arbitration (Masters and 
 Workmen) Act, 1872, appear to have been complete 
 failures." Mr. S. B. Boulton, Chairman of the 
 London Labour Conciliation and Ajbitration Board, in 
 his evidence before the Royal Commission on Labour, 
 expressed the opinion that the Act of 1867 had failed, 
 
 * § 155.
 
 VOLUNTARY STATE, 105 
 
 because it attempted to lay down restrictive regula- 
 tions as to the constitution of the proposed industrial 
 tribunals, and that the Act oi 1872 had failed, because 
 it was too vague, and did not contemplate existing 
 concrete bodies.* In the second annual report of 
 the said Board, we read, that " if these Acts have been 
 almost or entirely inoperative it is probably in a 
 great measure because the regulations respecting the 
 formation of the councils have not been sufficiently 
 elastic to meet the many and varied requirements of 
 different districts and industries." To these causes 
 of the failure of the Acts, we may undoubtedly add 
 the strong objection of both masters and men to the 
 legal character of proceedings under the Acts and 
 above all, to the possibility of awards being enforced 
 by sale, distress or imprisonment. 
 
 Ever since 1860 joint boards had been springing 
 up in various industries throughout the country, but 
 the Government, with the exception of the completely 
 unsuccessful enactments mentioned above, had done 
 nothing to assist industrial arbitration and concilia- 
 tion. Early in the " nineties" a • movement 
 began, which emphasised the importance of boards of 
 conciliation and called for legislation on the subject. 
 In 1891 the Associated Chambers of Commerce 
 and the Trades Union Congress passed resolutions in 
 favour of conciliation boards. In 1892 the Congress 
 of the Chambers of Commerce of the whole Empire 
 passed a resolution recommending the formation of 
 
 * Royal Commission on Labour, Fifth and Final Report, 
 Part I. §15G.
 
 10f> CONCILIATION AND ARBITRATION. 
 
 properly constituted boards of labour, conciliation 
 and arbitration in all important centres of industry 
 and commerce throughout the Empire. The London 
 Labour Conciliation and /Vrbitration Board was 
 particularly active in demanding legislation. In 
 1893 a Bill was introduced into Parliament by Sir 
 John Lubbock representing its views. The Bill 
 provided for the registration of boards of conciliation 
 and arbitration, consisting of equal numbers of repre- 
 sentatives of employers and employed. Registered 
 boards were to have the power to examine witnesses 
 on oath, and to require all documents to be brought 
 before them, except such as a witness could not be 
 compelled to produce on a trial of an action, and the 
 books and accounts of any Trade Union. The Bill 
 was also practically to endow registered boards with 
 powers very similar to those of the French Councils 
 of Prud'hommes.* 
 
 It was in 1893 also, that Mr. A. J. Mundella, 
 President of the Board of Trade, introduced his Bill 
 for the promotion of voluntary boards of conciliation 
 and arbitration, and other intervention by the Board 
 of Trade. Neither of these Bills was passed in 1893, 
 and both were re-introduced into Parliament in 1894 
 with slight modifications. It was in this same year 
 that the Royal Commission on Labour issued its final 
 report containing its recommendations. As we have 
 already seen, the Commissioners expressed themselves 
 as opposed to the investment of voluntary boards with 
 
 * These will be dealt with in detail under French 
 LegiBlation. See page 11 G.
 
 VOLUNTARY STATE. 107 
 
 legal powers, but favoured proposals similar to tliose 
 of Mr. Mundella. In their opinion a central depart- 
 ment, possessed of an adequate staff, might do much 
 by advice and assistance to promote the more rapid 
 and universal establishment of trade and district 
 boards, adapted to circumstances of various kinds. 
 Such a department would, if it thought fit, inquire 
 into the causes and circumstances of a dispute ; invite 
 the parties to a difference to meet together, with a 
 view to an amicable settlement of the difference ; 
 and also, upon the receipt of a sufficient ap- 
 plication from the parties interested in a dispute, 
 or from the local boards of conciliation, appoint a 
 suitable person to act as arbitrator. 
 
 In 1895 two Acts were again before Parliament, but 
 it was not till August, 1896, that the Royal Assent 
 was given to the Conciliation Act, which embodied 
 the proposals of the Royal Commission on Labour. 
 In the first place the Statute,* which is entitled " An 
 Act to make better provision for the Prevention and 
 Settlement of Trade Disputes," provides for the 
 registration by the Board of Trade of any board 
 established for the purpose of settling disputes 
 between employers and workmen. A board 
 apparently derives no advantages from registration 
 under the Act, so that it is not surprising to find that 
 the majority of the most important boards have not 
 registered. By August, 1897, fifteen boards had 
 registered; at the end of June, 1899, four further 
 boards had registered, and the figure has remained at 
 ♦ 59 and 60 Viot., ch. 30.
 
 108 CONCILIATION AND ARBITRATION. 
 
 nineteen ever since. The majority of these boards — 
 viz., ten — are district and general boards, and the 
 reader will be able to convince himself, by referring 
 to the figures given on page 54, that these particular 
 boards have not been very active iu the past in 
 settling disputes, seeing that the average number 
 of such boards settling disputes during the ten 
 years, 1894-1903, was just two. 
 
 The provisions of the Act for the settlement of 
 disputes are as follows* : — 
 
 " Where a difference exists or is apprehended between 
 an employer, or any class of employers, and workmen, 
 or between different classes of workmen, the Board of 
 Trade may, if it think fit, exercise all or any of the 
 following powers, namely : 
 
 "(1.) Inquire into the causes and circumstances ot 
 the difference. 
 
 " (2.) Take such steps as to the Board may seem 
 expedient for the purpose of enabling the parties to the 
 difference to meet together, by themselves or their 
 representatives, under the presidency of a chairman 
 mutually agreed upon, or nominated by the Board of 
 Trade, or by some other person or body, with a view 
 to the amicable settlement of the difference. 
 
 " (3.) On the appUcation of employers or workmen 
 interested, and after taldng into consideration the exist- 
 ence and adequacy of the means available for conciliation 
 in the district or trade and the circumstances of the 
 case, appoint a person or persons to act as conciliator 
 or as a board of conciUation. 
 
 " (4.) On the application of both parties to the 
 difference, appoint an arbitrator." 
 
 * The Statute will be found printed in full at the end of 
 the biennial Reports on the working of the Act, the last 
 of which appeared in 1903 (Od. 1846).
 
 VOLUNTARY STATE. 
 
 109 
 
 " If any person is so appointed to act as conciliator, 
 he shall inquire into the causes and circumstances of the 
 difEerence by communication with the parties, and other- 
 wise shall endeavour to bring about a settlement of the 
 difference, and shall report his proceedings to the Board 
 of Trade. 
 
 " If a settlement of the difference is effected either 
 by conciliation or by arbitration, a memorandum of the 
 terms thereof shall be drawn up and signed by the parties 
 or their representatives, and a copy thereof shall be 
 delivered to and kept by the Board of Trade." 
 
 It now remains for us to consider what results have 
 "been achieved by this Act. The tables which follow 
 show us the number of cases which have been dealt 
 with and analyse the figures in three diSerent ways. 
 
 TABLE SHOWING THE SOURCES OF APPLICATIONS 
 RECEIVED UNDER THE CONCILIATION ACT, 1896, 
 AUGUST, 1896, TO JUNE, 1903.* 
 
 
 
 Number 
 
 of Applications. 
 
 
 Source 
 of Applications. 
 
 Aug. '96 
 
 to 
 June '97. 
 
 July '97 
 
 to 
 June '99. 
 
 July '99 
 
 to 
 June '01. 
 
 July '01 
 
 to 
 June '03. 
 
 Total. 
 
 Applications from 
 both sides 
 
 Applications from 
 Employers only 
 
 Applications from 
 Workmen only. 
 
 Actions taken with- 
 out application 
 
 6 
 
 9 
 
 16 
 
 4 
 
 12 
 
 4 
 
 14 
 
 2 
 
 24 
 3 
 
 16 
 3 
 
 29 
 4 
 8 
 
 71 
 
 20 
 
 54 
 
 9 
 
 Total - 
 
 35 
 
 32 
 
 46 
 
 41 
 
 154 
 
 * Compiled from the Reports of the Board of Trade of 
 Proceedings under the Conciliation Act, 1896.
 
 110 CONCILIATION AND ARBITRATION. 
 
 The first table shows the source of applications, and 
 the most interesting point in connection with it ia, 
 that nearly 50 per cent, of the applications were made 
 
 TABLE SHOWING THE ACTION TAKEN UNDER THE 
 CONCILIATION ACT, 1896, AUGUST, 1896, TO JUNE, 
 1903.* 
 
 
 
 Aug. '90 
 
 to 
 June '97 
 
 July '97 
 
 to 
 June '99. 
 
 July '99 
 
 to 
 Juno '01. 
 
 July '01 
 
 to 
 June '03. 
 
 Total. 
 
 Disputes settled 
 under the Act : 
 
 By the appoint- 
 ment of a con- 
 ciliator or chair- 
 man 
 
 By negotiations of 
 Board of Trade 
 officials - 
 
 By the appoint- 
 ment of an arbi- 
 trator 
 
 2 
 
 12 
 
 5 
 
 4 
 
 8 
 
 10 
 
 3 
 
 3 
 
 23 
 
 2 
 
 27 
 
 11 
 
 23 
 65 
 
 Total - 
 
 Disputes settled 
 between the par- 
 ties during nego- 
 tiations 
 
 No settlement, in- 
 cluding cases of 
 appUcation re- 
 fused by the 
 Board of' Trade 
 
 19 
 
 4 
 
 12 
 
 22 
 3 
 
 7 
 
 29 
 
 3 
 
 14 
 
 29 
 4 
 7 
 
 99 
 14 
 40 
 
 Total - 
 
 35 
 
 32 
 
 46 
 
 41 t 
 
 154 t 
 
 * Gompiled from the Reports by the Board of Trade of 
 Proceedings under the Oonciliation Act, 1896. 
 
 t Including one case pending at the date of the Report.
 
 VOLUNTARY STATE. 
 
 Ill 
 
 TABLE SHOWING THE TRADES AFFECTED BY THE 
 CONCILIATION ACT, 1896, AUGUST, 1896, TO JUNE, 
 1903.* 
 
 - 
 
 
 Number of Cases. 
 
 
 Trade. 
 
 Aug.'96 
 to 
 
 July '97 
 to 
 
 July '99 
 to 
 
 July '01 
 to 
 
 Total. 
 
 
 June '97. 
 
 June '99. 
 
 June '01. 
 
 June '03. 
 
 
 Building - 
 Mining and Quar- 
 
 7 
 
 9 
 
 24 
 
 16 
 
 56 
 
 rying - 
 
 Metal, engineer- 
 ing and ship- 
 building - 
 
 Transport - 
 
 Clothing - 
 
 4 
 
 12 
 
 4 
 4 
 
 9 
 
 6 
 3 
 
 3 
 
 7 
 6 
 o 
 
 5 
 
 6 
 1 
 
 21 
 
 31 
 
 14 
 
 6 
 
 Textile 
 
 3 
 
 2 
 
 
 3 
 
 8 
 
 Printing, book- 
 binding, paper 
 making - 
 Other t - 
 
 1 
 
 1 
 
 2 
 
 1 
 3 
 
 4 
 6 
 
 7 
 11 
 
 Total . 
 
 35 
 
 32 
 
 46 
 
 41 
 
 154 
 
 by both sides. We shall notice lower down that only- 
 some 2| per cent, of the applications under the French 
 Law of 1892 were joint ones. The explanation of 
 this contrast lies in the fact that in England 
 we have a well-developed system of voluntary ar- 
 bitration and conciliation, which the Conciliation 
 Act, 1896, simply supplements. Both parties may 
 
 * Oompiled from the Reports by the Board of Trade of 
 Proceedings under the Oonciliation Act, 1896. 
 
 t These consist of pottery (3) ; woodwork (2) ; horse collar 
 making (2) ; bakers (1) ; fish dock labourers (1) ; coopera 
 (1) ; and cabinet makers (1).
 
 112 CONCILIATION AND ARBITRATION. 
 
 be willing to arbitrate, but may be unable to agree 
 about the umpire. In this case nothing is more 
 likely than that they should avail themselves of the 
 Board of Trade. It will be noticed in the next 
 table, showing the action taken, that in almost 
 two-thirds of the cases settled under the Act, an 
 arbitrator was appointed. When dealing with French 
 legislation we shall learn that exactly the contrary 
 happened in France, where roughly 80 per cent, of the 
 oases were settled by conciliation and only 20 per 
 cent, by arbitration. In France we have already 
 noticed that voluntary conciliation and arbitration 
 arc little developed. Hence applications are often 
 made for arbitration and conciliation under the French 
 Law of 1892, which in England would have been made 
 to voluntary boards. Just as in the latter case settle- 
 ments are almost always effected by conciliation, 
 80 they are under the French Law. Applications 
 are usually made to the Board of Trade, only after 
 attempts at conciliation have failed ; hence it is not 
 surprising to find that a majority of the cases are 
 settled by arbitration. In France a first attempt 
 at a settlement can usually only be made under the 
 law of 1892, and consequently it is natural to find 
 that conciliatory methods predominate. Figures 
 for some of the American State Boards of Mediation 
 and Arbitration* show us that a very similar state 
 of affairs exists in the United States as in France, 
 though in a less marked degree. 
 
 * See p. 142,
 
 VOLUNTARY STATE. 113 
 
 This difference between Great Britain on the 
 one hand, and France and the United States on 
 the other, is also illustrated by the number of in- 
 terventions made by the Board of Trade, Justices of 
 the Peace, and the State Boards respectively, without 
 any application from either party. It will be seen 
 from the table showing the sources of application, 
 that the Board of Trade intervened on its own initia- 
 tive on nine occasions only during seven years, and 
 that none of these occasions fell in the two years 
 ending June, 1903. On the other hand, in France 
 the justices of the peace intervened on nearly 
 GOO occasions during the eleven years ending 
 December, 1903, or, in other words, on 40 per cent, 
 of the occasions in which the Act of 1892 was 
 put into operation, the initiative came from the 
 justice of the peace, as compared with 6 per cent, 
 of all occasions upon which the Conciliation Act 
 of 1896 was set in motion by the Board of 
 Trade. Similarly, in the case of the Illinois State 
 Board, action was taken by the initiative of the 
 Board in some 50 per cent, of the total cases reported, 
 and in Massachusetts this figure was even exceeded. 
 "Whilst these figures undoubtedly speak highly for 
 the excellent organisation of the English voluntary 
 system of conciliation and arbitration, one must 
 remember, when comparing the figures of the different 
 countries, that the French and American 
 authorities have always been zealous in offering their 
 services in cases of dispute, and that the policy of 
 the Board of Trade has" largely been one of 
 
 I
 
 Ill CONCILIATION AND ARBITRATION. 
 
 non-intervention, for which they have not infre- 
 quently been blamed.* 
 
 If we turn our attention to the last table, showing 
 the trades affected by the Act, we shall notice that 
 the building trade has been more affected by it than 
 any other two trades put together. Two exjjlana- 
 tions of this fact may be offered ; in the first place, 
 the building trade is particularly liable to disputes, 
 partly owing to the want of clear lines of demarca- 
 tion among the different branches of the trade, and 
 partly owing to the great fluctuations in prosperity to 
 which the trade as a whole is liable ; in the second 
 place, though this trade possesses numerous trade 
 boards, the great majority of them are entirely inop- 
 erative, and the activity of the rest is insufficient to 
 meet all the requirements. 
 
 Before turning our attention to French legislation, 
 there remains for us to consider, whether, at any time 
 since the passing of the Conciliation Act of 189G, 
 there has been any demand for further legislation 
 in Great Britain. There undoubtedly has been, 
 and we get it clearly expressed in the following 
 resolution, carried at the thirty-sixth Trades Union 
 Congress, held at Leicester in September, 1U03 : — 
 
 *' That in the opinion of this Congress, a court shall 
 be formed, which shall have power to call compulsorily 
 
 ♦ Mr, G. Howell, in his recent book " Labour Legislation, 
 etc.," is not of this opinion, however, for he says of the Act : 
 " Its success has been mainly due to the cautious and care- 
 ful way it has been administered by the Board of Trade." 
 p. Uo,
 
 VOLUNTARY STATE. 115 
 
 for evidence in any dispute, where the parties have not 
 agreed to settlement within one month of the duration 
 of a strike or loclcout. Either side of the disputants, 
 or a pubUc governing authority, shall have power to call 
 for an investigation and shall issue a public report, 
 the latter only to be issued on the ground of disagreement 
 between the parties concerned. The court to be con- 
 stituted by equal numbers of employers and Trade Union 
 representatives, and to be presided over by a chairman 
 mutually agreed upon, or, failing agreement, the Board 
 of Trade to appoint one under powers of the present Act. 
 The court shall be movable, and shall have power 
 to call for special commissions of investigation and re- 
 port. This commission to be subsidiary to the central 
 court of conciliation, but shall, if the parties affected 
 agree to report and accept decision of the same, settle 
 the dispute. The subsidiary courts shall be represen- 
 tative of the industries affected. That the Parliamentary 
 Committee draft a bill for the purposes aforesaid." 
 
 So far nothing appears to have come of this resolu- 
 tion and at present there is no prospect of the Concilia- 
 tion Act, 1896, being amended, and it is doubtful 
 if an amendment, empowering boards of conciliation 
 to call compulsorily for evidence, will be passed in 
 the near future, seeing that this is directly opposed to 
 the recommendations of the Royal Commission on 
 Labour, though it is true, as we shall see later, that 
 a somewhat similar proposal has worked success- 
 fully in Denmark on a small scale.* 
 
 * The principal works dealing with English Legislation 
 have aheady been mentioned above ; namely : the Reports 
 of the Royal Commission on Labour ; De la Conciliation et 
 de I'Arbitrage, etc. ; Reports of the American Industrial 
 Oommission ; the biennial Reports on the Conciliation (Trade 
 Disputes) Act, 1896 ; Jevons, State in Relation to Labour ; 
 
 I 2
 
 IK, CONCILIATION AND ARBITRATION. 
 
 French Legislation. — In France a very clear dis- 
 tinction is drawn between disputes arising out of 
 the interpretation of existing contracts and those 
 concerning the terms of future contracts ; and there 
 are two distinct State methods of settling the two 
 different classes of disputes. The former have been 
 settled for almost 100 years by the compulsory 
 system of the comicils of prud'honimes ; in the case 
 of the latter, for some twelve years a voluntary 
 system has existed, by which the Government places 
 the services of its ofificials at the disposal of disputants 
 in case of a threatened or existing strike, with the 
 object of assisting in the settlement of the dispute 
 by conciliation or arbitration. 
 
 Councils of Prud'honimes. The first council was 
 established by the law of March 18th, 1806, in Lyons. 
 In the 18th century many of the old corporations, 
 which had been dissolved in 1791, had had what 
 
 and Howell, Labour Legislation, Labour Movements and 
 Labour Leaders. It is important to add that it is often 
 neeessary, and also sufficient, to refer to the original statutes.- 
 In the majority of English works on Arbitration and Oon- 
 ciliation, the English Legislation on the subject is dealt with, 
 and it is only necessary to refer the reader to the bibliography 
 at the end of this essay. It might be mentioned that 
 the Acts of 1824, 1867 and 1872 are discussed in a short 
 and concise manner b}^ J. D. Weeks in his Report on the 
 Practical Working of Arbitration and Conciliation in the 
 Settlement of the Differences between Employers and Em- 
 ployees in England. The best and most accessible source 
 for obtaining information about the agitation for further 
 English Legislation since 1893 is to be foimd in the Annual 
 Reports of the London Labour Conciliation and Arbitration 
 Board,
 
 VOLUNTARY STATE. 117 
 
 was known as a common tribimal {trihuval commvM) 
 for the settlement of disputes, but after 1791 these 
 had to be referred to justices of the peace, and this 
 method proved both costly and unsatisfactory. 
 In 1805, when Napoleon was passing through Lyons, 
 the silk merchants petitioned him to create some 
 institution similar to their old " common tribunal," 
 and this was done by the Act of the following year. 
 The council consisted of five merchant manufacturers 
 and four heads of workshops {chefs d' atelier), them- 
 selves employers of labour, which practically amounted 
 to nine employers forming the board. A committee 
 of two was to be present daily from 11 to 1 at an office 
 of conciliation, to settle small differences by means 
 of conciliation whenever possible, and the council 
 was to meet at least once a week to decide definitely 
 those matters where conciliation had failed, and not 
 more than 60 francs were involved. Between 1806 
 and 1809 councils were established in Rouen, Nimes, 
 Miilhausen and several other towns.* 
 
 By the decree of June 11th, 1809, the procedure 
 to be followed in the future, in order to create councils, 
 was definitely fixed. They were to be established 
 at the request of a Chamber of Commerce or of a 
 Consultative Chamber of Arts and Manufactures. 
 The request was to be made to the prefect, who was 
 to investigate it and forward it to the Minister of 
 the Interior, who, on being satisfied that the industry 
 of the town was important enough, would grant it. 
 
 ♦ These were Avignon, Thiers, Sedan, Carcassonne, Nar- 
 bonne, Saint-Quentin, Limoux, Rheims and Tarare.
 
 lis CONCILIATION AND AKBITKATION. 
 
 This is the method followed more or less to the present 
 day. By this same decree workmen were allowed 
 to sit on the councils, but for many years afterwards 
 the number of manufacturers on the council exceeded 
 that of the heads of workshops and workmen. 
 
 It is not necessary to deal in detail with all the 
 small reforms which have been introduced into the 
 councils by legislation* during the course of the 19th 
 century, but we may at once consider the 
 present constitution of these councils. They 
 are created at the request of a local Chamber of 
 Commerce by a State decree, which specifies the 
 number of experts {prud' hommes) who are to 
 form the council — the smallest number being six, 
 including the presidents, who are elected by the 
 council from amongst its members — over what district 
 its jurisdiction is to extend, and what industries 
 are to be subject to the council. Only those trades, 
 in which materials undergo transformation, can 
 elect these councils. The sufirage is given to all 
 employers, heads of workshops, and workmen over 
 twenty -five years of age who have resided three years 
 in the district, and who have engaged in industry for 
 at least five years. No one can sit upon the council 
 who is not thirty years of age ; and an equal number 
 of members are elected by each class. The president 
 and vice-president must each represent difierent 
 
 * The laws of 7tli August, 1850, 1st June, 1853, 4th June, 
 1864, 7th February, 1880, 23rd February, 1881, 24th Novem- 
 ber, 1883, and 10th December, 1884, all deal with the CJouncilfl 
 of Prud'hommes.
 
 VOLUNTARY STATE 119 
 
 classes. The term of service of members is six years, 
 half the members retiring every three years. The 
 members generally serve without pay, though the 
 communes may fix rates of remuneration if they 
 choose to do so. The council is divided into two, 
 namely : (1) a committee of conciliation {bureau 
 particidier), consisting of one employer and one 
 workman, who endeavour to bring the disputants to a 
 friendly understanding and, (2) a committee of judg- 
 ment, consisting of a president (an employer) and a 
 vice-president (a workman), who preside in alternate 
 months, and two other masters and two other work- 
 men. All disputes, which have not been settled 
 by the committee of conciliation, come before the 
 committee of judgment, which can pass final judg- 
 ment in all cases arising out of the interpretation 
 of a contract, not involving more than 200 francs. 
 If the amount exceeds that sum, an appeal can be 
 made to the tribunal of commerce. 
 
 With regard to the work done by the councils, it 
 is worth noticing, that the great majority of the 
 disputes dealt with, are directly concerned with 
 wages, e.g., questions concerning the exact amount 
 agreed upon, the time and mode of payment, the 
 amounts of fines, hours of labour, absences from 
 work, defective workmanship, apprenticeship, valua- 
 tion of piece-work and delay in completing task- work. 
 The most striking feature about the councils is the 
 preponderance of conciliation. The average 
 annual number of cases dealt with during the 
 "eighties" slightly exceeded 40,000, and of
 
 120 CONCILIATION AND ARBITRATION. 
 
 these two-thirds were settled by conciliation or 
 withdrawn. At the present time more than 50,000 
 cases come before the committees of conciliation, 
 some GO per cent, of the cases are settled 
 by the committees or withdrawn, and only in about 
 15 per cent, is final judgment passed. 
 
 On several occasions the Chamber of Deputies 
 have passed bills to alter the existing law with 
 regard to Councils of Prud'hommes, but in each 
 instance the Senate has rejected them. The chief 
 changes proposed are : that experts should be elected 
 for commerce, agriculture and mining, that the mini- 
 mum age of electors should be reduced to twenty-one 
 and that of members to twenty-five, that foremen 
 and chiefs of workshops should be counted as em- 
 ployers, that employers and workmen should remain 
 electors and eligible for membership on the councils 
 for ten years after retirement, that the franchise should 
 be extended to women over twenty-one, and that 
 judgment should be final when the amount involved 
 does not exceed 2,000 francs. The only suggestions 
 which the Senate countenances are the extension of 
 the jurisdiction of the councils to mining, and the 
 raising of the limit, under which judgment is to be 
 final, from 200 to 300 francs. It is possible that 
 some alteration of the existing law may be made in the 
 future, but so long as the proposals of the Chamber of 
 Deputies remain as radical as they are at present, there 
 seems little chance of a compromise being effected. 
 
 The Law of December 21th, 1892. — There was 
 nothing in the^'general law of France to prevent
 
 VOLUNTARY STATE. 121 
 
 the parties to a dispute from referring the matter to 
 another party for settlement. On December 27th, 
 1892, however, a law was passed for the purpose of 
 encouraging such references and making provisions 
 for the means by which it could be done. It provides 
 that " whenever disputes of a collective char&cter 
 arise between employers and employees regarding 
 the condition of employment, they may submit 
 the question at issue to a board of conciliation, or, 
 in default of an agreement being arrived at by this 
 board, to a council of arbitration." In case a dispute 
 arises, the employers and employees, jointly or 
 separately, may notify a justice of the peace of this 
 fact and within twenty-four hours he must inform 
 the opposing parties or their representatives. If the 
 parties accept, they must designate the names of the 
 delegates, not exceeding five in number, whom they 
 choose, to assist or represent them. The justice of 
 the peace then invites the delegates to organise a 
 committee of conciliation, and presides over the 
 discussions. If an agreement is arrived at, it is set 
 down in writing and signed by the delegates and the 
 justice of the peace. If no agreement is arrived at, 
 the justice of the peace invites each party to appoint 
 one or more arbitrators, who in their turn, if they 
 cannot agree, may choose a new one as umpire. If 
 an agreement is come to at any time by arbitration, 
 it must be set down in writing, and be signed by the 
 arbitrators and sent to the justice of the peace. 
 When a strike occurs and neither party to a dispute 
 takes the initiative, the justice of the peace may
 
 122 CONCILIATION AND ARBITRATION. 
 
 invite the employers and workmen to submit their 
 dispute to arbitration. 
 
 Toundcrstandfully the law of December 27th, 1802, 
 it is necessary to consider along with it the circular 
 of the Minister for Commerce, Industries and Colonies, 
 addressed to the Prefects on the application of the 
 now law, and the circular to the Attorneys-General 
 (procure (ivs (jen^i'dux) from the Minister of Justice. 
 The former points out that conflicts between capital 
 and labour re-^ult, for the greater part, from industrial 
 expansion and development ; tliat the best means of 
 avoiding irritation is to bring about more frequent 
 meetings between the masters and men ; that further- 
 more this view is justified by experience. The object 
 of this law is to put masters and workmen in the 
 same factory or the same industry in permanent 
 relations and to permit them to look into and quietly 
 decide their trade disputes, as soon as they appear, 
 and finally unite the representatives of capital and 
 labour in perfect agreement. The Prefects, the cir- 
 cular continues, are best qualified to advise interested 
 parties as to the new law, and hence much of its future 
 success depends upon them. After a time the Govern- 
 ment feels convinced that the workmen will them- 
 selves recognise that the new law is adapted to save 
 them from long stoppages and all the miseries which 
 must inevitably ensue. On their side, the masters, 
 conscious of their own interests, will certainly manifest 
 a disposition to accept the new procedure. The cir- 
 cular closes by requesting the Prefects,whenever an oc- 
 casion arises, to influence the masters in that direction.
 
 VOLUNTARY STATE. 
 
 123 
 
 TABLE SHOWING THE APPLICATION OF THE 
 ARBITKAnON LAW OF UEC. 27iil, 1892, IN 
 FRANCE, 1893-1903.* 
 
 
 1893 18941895 
 
 1 
 
 1896 
 
 1897 18981899 1900 1901 1902,1903 
 
 1 1 1 1 1 1 
 
 No. of strikes 
 
 634 
 7 
 
 391 
 
 8 
 
 405 
 
 476 
 
 356| 368 
 
 740l 903 623 
 
 1 
 
 512 
 
 571 
 
 No. of cases in 
 which the Act was 
 put into operation 
 before the com- 
 mencement of a 
 striice - 
 
 5 
 
 6 
 
 3 
 
 2 
 
 2 
 
 9 
 
 6 
 
 4 
 
 9 
 
 No. of cases in 
 which the Act was 
 put into opera- 
 tion : — 
 
 By employers - 
 By workpeople- 
 By both sides - 
 By justices of 
 the peace 
 
 5 
 
 56 
 
 2 
 
 46 
 
 4 
 
 51 
 
 2 
 
 44 
 
 2 
 
 46 
 
 3 
 
 34 
 
 4 
 
 67 
 4 
 
 39 
 
 4 
 46 
 
 1 
 
 37 
 
 3 
 
 57 
 
 2 
 
 32 
 
 1 
 
 112 
 
 4 
 
 80 
 
 6 
 141 
 
 8 
 
 79 
 
 5 
 
 67 
 
 3 
 
 67 
 
 5 
 
 60 
 
 2 
 
 40 
 
 3 
 
 89 
 2 
 
 58 
 
 Total ■ - 
 
 No. of strikes 
 settled before the 
 formation of con- 
 ciliation commit- 
 tees - 
 
 No. of refusals to 
 settle by con- 
 ciliation : — 
 
 By employers - 
 By workpeople - 
 By both parties 
 
 Total . - 
 
 No. of conciliation 
 committees formed 
 
 No. of committees 
 which settled dis- 
 putes : 
 
 By conciliation- 
 
 By arbitration - 
 
 109 
 
 13 
 
 34 
 6 
 2 
 
 42 
 55 
 
 28 
 5 
 
 101 
 
 8 
 
 24 
 4 
 
 1 
 
 29 
 65 
 
 31 
 2 
 
 85 
 
 4 
 
 29 
 
 2 
 
 31 
 
 53 
 
 24 
 3 
 
 104 
 
 7 
 
 41 
 3 
 
 44 
 53 
 
 21 
 1 
 
 88 
 
 9 
 
 20 
 2 
 3 
 
 25 
 54 
 
 25 
 5 
 
 94 
 
 4 
 
 32 
 1 
 5 
 
 38 
 52 
 
 18 
 2 
 
 197 
 
 
 
 65 
 
 1 
 13 
 
 79 
 106 
 
 36 
 6 
 
 234 
 
 14 
 
 88 
 3 
 5 
 
 96 
 140 
 
 60 
 18 
 
 142 
 
 9 
 
 51 
 4 
 6 
 
 61 
 
 72 
 
 38 
 8 
 
 107 
 
 6 
 
 35 
 2 
 6 
 
 42 
 59 
 
 32 
 2 
 
 152 
 
 4 
 
 46 
 
 1 
 8 
 
 55 
 03 
 
 42 
 
 2 
 
 Total - • 
 
 33 
 
 33 
 
 27 
 
 22 
 
 30 
 
 20 
 
 42 
 
 78 
 
 46 
 
 34 
 
 44 
 
 * Compiled from Statistique des Greves et des Recours k 
 la Conciliation ct a T Arbitrage; OflBce du Travail. Annually.
 
 121 rONriLIATION AND ARBTTRATTON. 
 
 The Minister of Justice in his circular says, that the 
 choice of an authorised mediator and the organisation 
 of a simple procedure have been the prevailing idea of 
 the legislative body, which held that the former 
 should be a person invested with the consideration 
 and weight attaching to a servant of the public, and 
 at the same time equally removed from political 
 struggles and industrial quarrels. After describing 
 the relation of a justice of the peace to conciliation 
 and arbitration, the circular concludes by drawing 
 attention to the fact that the only sanction the law 
 provides to support the decisions of arbitrators is an 
 appeal to public opinion, which will show itself 
 justly severe on a strike without motive or on 
 unjustifiable resistance to these councils of recon- 
 ciliation and pacification.* 
 
 On the preceding page a table will be found, showing 
 the application of the law of 1892. The small number 
 of joint applications, the large proportion of interven- 
 tions by the justices of the peace, and the large num- 
 ber of settlements by conciliation as compared with 
 those by arbitration, have already been commented 
 upon. It only remains to be pointed out that the 
 
 * Copies of the law of December 27th, 1892, of the circular 
 of the Minister of Oomraerce, Industries and Colonies to the 
 Prefects about the application of the Arbitration Law, dated 
 January 23rd, 1893, and of the circular of the Minister of 
 Justice to the Attorneys-General about the application of 
 the Arbitration Law, dated February 18th, 1893, are printed 
 at the end of the report De la Conciliation et de 1' Arbitrage, 
 etc. English translations %vill be found in the Reports of the 
 Royal Commission on Labour,
 
 VOLUNTARY STATE. 125 
 
 number of cases, in which the Act was put into opera- 
 tion before the commencement of a strike, are very 
 few, which helps to explain the large number of 
 refusals to settle by conciliation.* 
 
 German Legislation. — Special courts for the settle- 
 ment of industrial disputes have, in some form or other, 
 been provided by German law since the beginning 
 of the 19th century, though till recent times 
 few people have seemed eager to avail themselves of 
 the provision. At the time when the left bank of the 
 Rhine was under the Napoleonic Code, councils of 
 prud'hommes were established, and these remained 
 intact when the provinces reverted to Prussia. By 
 degrees others were established in different parts of the 
 country, and by an Order of Council, of August 7th, 
 1846, these were given the name of Royal Councils. 
 
 * The following works were consulted in writing this 
 section ; De la conciUation et de 1' arbitrage dans les conflits 
 collectifs entre patrons et ouvriers en France et a I'etranger ; 
 Reports of the Royal Commission on Labour ; Reports of 
 the American Industrial Commission ; Conciliation and 
 Arbitration in France, Board of Trade Journal, February, 
 1893 ; Foreign Office Reports, Miscellaneous Series, No. 159, 
 French Councils of Prud'hommes ; the Labour Gazette ; and 
 Handworterbuch der Staatswissenschaften, art. Gewerbe- 
 gerichte (Stieda). 
 
 Statistical information concerning the Councils of Prud'- 
 hommes will be foimd in the Bulletins de 1' Office du Travail, 
 pubUshed annually since 1894, and figures showing the 
 appUcation of the Arbitration Law of 1892 will be found in 
 Statistique des Greves et des recours a la conciUation et a 
 r arbitrage. Office du Travail, annually since 1893. 
 
 There are numerous French works deaUng with the sub- 
 ject discussed in this section, reference to several of which 
 will be found in the Bibhography at the end of the essay.
 
 126 CONCILIATION AND ARBITRATION. 
 
 On February 2nd, 1819, an Act was passed to estab- 
 lish Industrial Courts {Gewt:rbe<jericht<), but only 
 eleven were established under it. Similarly a Saxe- 
 Gotha law of 1849 and a Saxon law of 18G1 re- 
 mained nearly inoperative. 
 
 By the Industrial Code of 1869 it was enacted : — 
 
 " That disputes between iudopendont industrial 
 employers and their workmen, respecting the coni- 
 mcMcomeiit, continuation, or termination of the labour 
 contract, their mutual obligations under it, and the 
 granting or contents of cfrtilicates, must be submitted 
 to especially appointed authorities, in so far as 
 such exist. Where such authorities do not exist, the 
 matter must come before the regular communal author- 
 ities, against whoso decision an appeal can be made to 
 law. Hy local statutory regulations, courts of arbi- 
 tration may bo instituted by the communal authorities 
 for the settlement of such disputes, the members of these 
 courts being chosen from among the employers and the 
 employed in equal numbers." 
 
 At the end of 1889, immediately before this law 
 was repealed, only 79 courts had been established, 
 and many of these had never been definitely 
 organised, owing to lack of business. 
 
 On July 29th, 1890, a general arbitration law was 
 passed. The preamble stated that : — 
 
 " In many recent strikes it has been felt, that, although 
 both sides were ready to treat, negotiations could not 
 be initiated without long delay, because no regular 
 and authoritative body existed which could ujidertake 
 the. conduct of such negotiations. Tho present law 
 attempts to establish a body of this kind, which may be 
 able to facilitate the amicable settlement of the differences 
 b..'t\vt.-en employers and employed on points concerning
 
 VOLUNTARY STATE. 127 
 
 the labour contract, and so to obviate tbe heavy losses 
 entailed to both parties by strikes, or to bring the latter 
 to a speedy conclusion, where they have actually broken 
 out. It is hoped that the constitution of the Industrial 
 Courts, which ensures special knowledge and unbiased 
 judgment, may command the confidence of both em- 
 ployers and employed." 
 
 The authorities of a commune, or number of com- 
 munes combined, may establish an Industrial Court 
 {Gewerhegericht), after employers and employed have 
 expressed a desire for one. If the local authorities 
 refuse to establish one in such a case, the central 
 authorities may do so. Each court must consist of at 
 least a president and a deputy president, elected by the 
 local authorities, and four assessors. The court, when 
 acting, is to be composed of not fewer than three 
 members, including the president, and an equal num- 
 ber of employer and workmen assessors. The electors 
 must be twenty-five years of age and have lived in 
 the district for at least one year. Members of the 
 court must be thirty years of age or more. The 
 jurisdiction of courts extends to the following ques- 
 tions, without regard to the value of the matter in 
 dispute, provided, however, that the judgment is not 
 final, and that an appeal can be made to a district 
 court, when the amount involved exceeds the sum of 
 100 marks : (a) the making, continuance, or break- 
 ing of the labour contract and the surrender of, or 
 making of, entries in labour pass-books and certifi- 
 cates ; (b) claims on account of services rendered or for 
 ndemnities arising out of such relations and the pay- 
 ment of fines ; (c) the calculation and charging of dues
 
 128 CONCILIATION AND ARBITRATION. 
 
 required of employers for the sick insurance funds ; 
 and {d) claims of employees against one another, when 
 work is undertaken jointly under the same employer. 
 In all cases an attempt must be made to conciliate the 
 parties before the court sits in judgment. 
 
 In 1897 a further law provided that the guilds 
 {Inn umjen) might form courts of conciliation to settle 
 disputes between members of the guilds and their 
 workmen and assistants ((r^/a//?), instead of applying 
 to other courts. Such a court must consist of 
 a president and two or more paid assessors ; 
 the president, not necessarily a member of the guild, 
 is to be appointed by the Board of Control 
 (Aafsichtsht'horde) ; the assessors are to be chosen, 
 one half by the members and one half by the 
 workpeople. Judgments are to be considered 
 final if no appeal is made against them to an ordinary 
 court within one month. At the end of 1900 there 
 were 394 Guild Industrial Courts in Germany. 
 
 The figures below clearly show the large increase 
 in the use which is being made of the industrial courts 
 in Germany. This increased popularity is all the 
 more striking when one remembers the antipathy 
 which had been shown towards similar attempts 
 made earlier in the century. Even at the present 
 day some communes and authorities have remained 
 opposed to the courts. With the workmen, on the 
 other hand, they are apparently becoming more and 
 more popular. 
 
 Arbitration courts, as constituted by the above 
 Acts, are almost identical with the French councils of
 
 VOLUNTARY STATE. 
 
 129 
 
 TABLE SHOWING THE WORK OF THE " GEWERBE- 
 GERICHTE" IN 1893, 1896, and 1900.* 
 
 
 1S93. 
 
 1 1896. 
 
 1900. 
 
 Number of " Gewerbegerichte " - 
 Number of disputes f : 
 
 Between employers and em- 
 ployees - - . . 
 Between employees of the 
 same works 
 Number of cases settled • 
 
 154 
 
 37,386 
 221 
 
 284 
 
 68,038 
 160 
 
 316 
 
 83,929 
 335 
 
 By agi-eement 
 
 By recognition (Anerkenntnis) 
 
 By judgment by default - 
 
 By other form of final judgment 
 
 By renunciation ( Verzicht) 
 
 By withdrawal of complaint - 
 
 14,805 
 
 727 
 
 3,766 
 
 8,579 
 
 374 
 
 6,346 
 
 30,798 
 
 775 
 
 5,207 
 
 14,291 
 428 
 
 16,057 
 
 30,205 
 1,042 
 0,318 
 
 15,379 
 
 1 22,927 
 
 Total f - 
 
 34,657 
 
 07,")r)6 
 
 81,031 
 
 prud'hommes. By the Act of 1890, some provision 
 was made for conciliation in larger industrial disputes, 
 and these provisions were repeated and slightly modi- 
 fied by the law of September 29th, 1901. These courts 
 may also act as boards of conciliation to adjust disputes 
 affecting the relations between employers and their 
 employees, in order to bring about the continuation 
 or re-commencement of work. They must be formally 
 requested to serve in such capacity by both em- 
 ployers and employees ; if it comes from one side 
 only, the president must try to persuade the other 
 party to make the request. Even where no applica- 
 tion is made, the president, in case of disputes which 
 
 * These figures are compiled from oflBcial sources and are 
 quoted in the Handworterbuch der Staatswissenschaften, 
 art. Gewerbegerichte, and Brockhaus, Konversations Lexi- 
 kon, art. Gewerbegerichte. 
 
 t The difference between the number of disputes and the 
 disputes settled is accounted for by the rest of the disputes 
 being carried over to the next year.
 
 130 CONCILIATION AND ARBITRATION. 
 
 may lead to strikes, may try to induce the parties 
 to mskke an application. The board of conciliation 
 consists of a president and an equal number of 
 assessors from both sides, nominated by the parties 
 themselves. If an agreement is arrived at by con- 
 ciliation, the terms must be reduced to writing and 
 be signed by all the members of the board and 
 by the delegates, three in number, of each party. 
 If an agreement cannot be arrived at by 
 conciliation, the board must give a decision, 
 obtained by a simple majority vote. If the repre- 
 sentatives of the two parties are unanimously 
 opposed to each other when the vote is taken, the 
 president may withhold his vote and declare that a 
 decision has not been come to ; whatever the decision 
 is, and whether the parties have agreed to abide 
 by it or not, it must be publicly notified by the 
 board, although the board has no means of enforcing 
 its decision. 
 
 The following figures show the use which has been 
 made of the arbitration courts as conciliators* : — 
 
 Year. 
 
 Total No. 
 
 No. of Cases 
 
 Year. 
 
 Total No. 
 
 No. of Cases 
 
 of Cases. 
 
 Settled. 
 
 of Cases. 
 
 Settled. 
 
 1893 
 
 5 
 
 3 
 
 1899 
 
 55 
 
 
 1894 
 
 IG 
 
 7 
 
 VM) 
 
 45 
 
 
 1895 
 
 19 
 
 13 
 
 19(11 
 
 32 
 
 
 1896 
 
 44 
 
 18 
 
 1902 
 
 43 
 
 
 1897 
 
 27 
 
 12 
 
 1903 
 
 55 
 
 
 1898 
 
 30 
 
 9 
 
 - 
 
 - 
 
 
 *Th« figures are compiled from official sources and are 
 quoted in tlie HandwOrterbuch der Staatswissenecbaften 
 and in tbe Labour Gazelle. Unfc'tunately the figures are 
 not complete^
 
 VOLUNTARY STATE. 131 
 
 It is impossible to draw any definite deduction 
 from the figures, but they seem to show that the court 
 is used as a board of conciliation on some fifty occa- 
 sions annually, and that although by no means suc- 
 cessful in efEecting a settlement in every case, it 
 has, in some degree, helped to make up for the 
 marked deficiency in voluntary systems of arbitration 
 and conciliation* which at present appears to exist 
 in Germany .f 
 
 Belgian Legislation. — In Belgium, as in France, we 
 have to distinguish two distinct State methods of 
 settling industrial disputes. In the first place, 
 there are the councils of prud'hommes, originally 
 created by the French law of 1806. Under this law, 
 
 * See the Reports of the Royal Commission on Labour.- 
 The need of a good vokmtary system at the present day is 
 clearly shown by the very large number of strikes occurring 
 in Germany (see p. 10). In 1903 there were four-and-a-half 
 times as many strikes in Germany as in England. 
 
 f The following works were consulted in writing thia 
 section : — The Reports of the Royal Commission on Labour ; 
 the Reports of the American Industrial Commission ; De la 
 conciliation et de 1' arbitrage, etc. ; Handworterbuch der 
 Staatswissenschaften, arts. Gewerbegerichte and Einigungs- 
 amter (Stieda) ; the Labour Gazette ; J. Konrad, Grundriss 
 zum Studium der politischen ()konomie, zweiter Teil, Jena, 
 1902. Information and statistics dealing with the Gewerbe- 
 gerichte will be found in the ReicJis-Arheitsblait. Some 
 figures are also published in the German Statistical Year- 
 book. More details will be found in " Das Gewerbegericht. 
 Monatschrift des Verbandes deutscher Gewerbegerichte, 
 herausgegeben von Dr. J. Jastrow und Dr. K. Flesch.'' 
 For the work of the courts as boards of conciliation, see 
 Streiks vmd Aussperrungen (Statistik des Deutschen Reichs), 
 published annually since 1899. Numerous German works 
 dealing with German legislation are mentioned in the Biblio- 
 graphy. 
 
 k2
 
 132 CONCILIATION AND ARRITRATIOX. 
 
 the first council was established at Bruges in 1809, 
 and the second at Ghent in 1810. The law was 
 modified in 1842 and again in 1859, and finally 
 investigated by the Belgian Labour Commission of 
 1886. As a result the councils were re-organised in 
 1889, and somewhat modified by law in 1896, and by 
 Royal Decree in 1897. Though differences exist in 
 the details of the organisation, the general principles 
 of the Belgian law are so similar to those of the 
 French law, which have already been described, as to 
 need no further description. 
 
 The second of the two institutions for the settlement 
 of industrial disputes referred to above, are the Councils 
 of Industry and Labour. These councils are to be 
 found in Belgium only, and were established on the 
 recommendation of the Labour Commission in 1887, 
 and modified in 1889 after the law relating to councils 
 of prud'hommes had been passed. The councils 
 were instituted to be, firstly, administrative bodies 
 charged with the collection of statistical data bearing 
 on the state of industry, price of food, rate of wages, 
 average rents both at home and abroad, and on all 
 matters connected with trade and with labour ; 
 and, secondly, consultative institutions, bringing 
 masters and workmen together, in the absence of 
 any industrial struggle, and before any contest should 
 break out, to deliberate and pronounce an opinion on 
 all matters affecting their common interests. 
 
 The constitution of these councils is somewhat 
 similar to that of the councils of prud'hommes. 
 They are established by Royal Decree and are
 
 VOLUNTARY STATE. 133 
 
 divided into sections corresponding in number 
 to that of the local industries which are of sufficient 
 importance for representation. They consist 
 of equal numbers of employers and employed, 
 who must not be fewer than six or more than twelve 
 m number. The law determines in a general way only 
 the manner in which members shall be elected ; the 
 details were fixed by the Royal Decree of August 1 5th, 
 1889, which was replaced by another Royal Decree 
 on March 10th, 1893, and modified in details by 
 further decrees of March 26th and April 11th, 1897. 
 Electors must be at least twenty-five years old and 
 have resided not less than four years in the district ; 
 members of the council, who must not be less than 
 thirty years of age, are elected for terms of three 
 years. 
 
 The duties of the councils, with regard to the ad- 
 justment of labour difficulties are shortly as follows : 
 " When the circumstances seem to require it, the 
 governor of the province, the mayor of the com- 
 mune, or the president, shall, upon the request of 
 the employers or employees, convoke the section 
 relating to the industry in which a conflict seems 
 immment. This section shall use its efforts to terminate 
 the difficulty. If an agreement cannot be reached, a 
 summary report of the proceedings must be pub- 
 lished. The law does not determine the method to 
 be pursued in settling disputes and the councils have 
 no power to enforce their decisions." 
 
 The importance of these councils as consultative 
 chambers regarding industrial and labour matters
 
 131 CONCILIATION AND ARBITRATION. 
 
 has steadily increased, but their function as boards 
 of conciliation and arbitration has been used to a very 
 limited extent only. At the beginning of 1902 there 
 were seventy-five councils of industry and labour in 
 Belgium. During the year 1001 these councils inter- 
 vened in six disputes, but only in one case was the in- 
 tervention successful.* 
 
 Before leaving the subject of Belgian legislation, 
 the opportunity may be taken to once more emphasise 
 the difference which exists between two classes of 
 disputes. The councils of prud'hommes consider 
 questions arising out of a violation of contracts, and 
 their deliberations and decisions are based on these 
 contracts. The councils of industry and labour deal 
 with cases in which no contract is pre-supposed ; 
 their object is to induce the formation of new con- 
 tracts on the best possible terms ; the opinions 
 expressed may be accepted or not by the parties con- 
 cerned, whilst in the case of the former, provided the 
 amount involved does not exceed 200 francs, the 
 judgment is final and can be enforced. 
 
 Italian Legislation. — The establishment of a system 
 of conciliation and arbitration in Italy was recom- 
 mended as long ago as 1878 by the Commission on 
 
 * See the Labour Gazette, August, 1902. For more detailed 
 information concerning State arbitration and conciliation 
 in Belgium, see the volume of the Reports of the Royal Com- 
 mission on Labour dealing with Belgium ; the French Report, 
 De la conciliation et de 1' arbitrage, etc. ; and the F. 0. Mis- 
 cellaneous Report, No. 198, Report on the Belgium 
 Ooimcils of Prud'hommes and Councils of Industry and 
 Labour.
 
 VOLUNTARY STATE. 135 
 
 Strikes ; but the Collegi di Probi Viri, which are very 
 similar to the French Conseils des Prud'hommes, were 
 first established by the law of 15th June, 1893. The 
 boards, which practically deal with individual dis- 
 putes only, have proved useful, but have not become 
 popular. As a result of the rapid and successful 
 Trade Union movement, the Italian Government in 
 1903 introduced a Bill offering greater facilities for 
 industrial conciliation and arbitration. In the case 
 of all strikes, other than those of a non-economic 
 character, the Bill proposed to make conciliation com- 
 pulsory and provided for permissive arbitration. 
 Either party was to be able to initiate proceedings 
 for conciliation, but the Bill did not provide for the 
 intervention of any outside body or person. For 
 arbitration the consent of both parties was to be 
 necessary. The awards were to be binding on both 
 parties for a term not exceeding three years. This 
 Bill does not appear to have been carried, and 
 in May, 1904, the Italian Government published 
 a report of an " inquiry into the reform of the law of 
 June 15th, 1893." * 
 
 * I Probiviri Industrial!. Inchiesta per la riforma della 
 legge 15 giugno 1893. Roma, 1904. In 1903 the Italian 
 Labour Department published a list of the boards existing 
 in Italy on August 15th, 1903 : Elenco dei Gollegi di Probi 
 Viri. 
 
 The following may also be consulted on the subject of 
 concihation and arbitration in Italy : — The Reports of the 
 Royal Commission on Labour ; Boulton King, Recent social 
 legislation in Italy, Economic Journal, September 1903 ; W. 
 Sombart, Das italienische Gesetz betr. der Einsetzung von 
 Probi Viri, Archiv filr sozicde Gesetzgebung, VI. pp. 549- 
 565 ; V. Mataja, Les projeta de loi francais et italien
 
 136 CONCILIATION AND ARBITRATION. 
 
 Danish Legislation* — By the law of April 3rd, 1900, 
 it was provided, that when a central organisation of 
 employers and a central organisation of workmen 
 shall have concluded an agreement as to the fixing 
 of the conditions of work in an industry, or a skilled 
 trade, or in any establishment in which an industry or 
 skilled trade is carried on, and it shall have been pro- 
 vided in this agreement that all questions relating to 
 the due observance of the said agreement, which may 
 have arisen between such central organisations, shall 
 be settled by arbitration, it may be ordered by a 
 Royal Decree, that such courts of arbitration shall 
 have power to summon witnesses on subpoena, pro- 
 vided the seat of the court is at Copenhagen and the 
 president is qualified to fill the post of judge in an 
 ordinary court of justice. 
 
 As this law applies to disputes between central 
 organisations of employers and employees, its applica- 
 tion is very restricted. So far only one court of 
 arbitration, constituted by the Employers' Associa- 
 tion on the one hand and the Trade Union Federation 
 on the other, has acquired the right of compulsory 
 examination of witnesses. As, however, almost all 
 local federations throughout the country have joined 
 
 concernant I'arbitrage et les conseils des prud'hommes, Reime 
 d'tconomie politique, 1892 ; E. Cavalieri, La questione 
 dei probi viri in agricoltura ; The settlement of labour dis- 
 putes in Italy, Board of Trade Journal, June, 1893 ; Arbitra- 
 tion and Conciliation in Italy, Manchester Evening News, 
 November 27th, 1903 ; V. Racca, L' arbitrage et la con- 
 ciliation en Italie, Muste Social, 1903. 
 * See the Labour Gazette, February, 1904.
 
 VOLUNTARY STATE. 137 
 
 the Employers' Association or the Trade Union 
 Federation at Copenhagen, a further extension of 
 this privilege seems mmecessary. In January, 1902, 
 the number of members of trade unions affiliated 
 to the Trade Union Federation was 72,127, out of a 
 total membership of all the Danish trade unions of 
 96,479. 
 
 So far seven awards have been made : four in 1900, 
 and one in 1901, one in 1902, and one in 1903. In five 
 cases the employers were the plaintifis, and in one case 
 the trade unions, and in the remaining case both 
 parties complained. This latter case was dismissed ; 
 the employers won four and the trade unions two 
 cases. The disputes all arose about questions having 
 no reference to wages ; in four cases strikes had been 
 illegally declared, in one case the men refused to work 
 with non-unionists, one case arose out of an illegal 
 lockout, and in the remainder both a strike and a 
 lockout had occurred. 
 
 This Danish experiment is particularly interesting 
 in the light of the recent policy of the English trade 
 unions. There can be no doubt that the Danish 
 court is very similar to the one which trade unionists 
 would like to see established in England ; but it 
 must be remembered, that though the experiment 
 has been successful so far, the whole thing is on a much 
 smaller scale than it would be in England, where 
 trade unionists are about twenty times as numerous 
 as in Denmark, and also that up to the present no 
 question having any reference to wages has been 
 dealt with by the court. It is noteworthy, that in
 
 138 CONCILIATION AND ARBITRATION. 
 
 five cases out of seven the court has been put in 
 motion by the employers, and one wonders whether 
 trade unionists would support the suggested amend- 
 ment of the Conciliation Act, 1896, if they thought 
 that in the majority of cases the newly established 
 court would be used by employers against themselves. 
 American Lcgislalion. — In the United States we 
 find, as we should naturally expect to do, that 
 arbitration and conciliation are in the hands of the 
 various State Governments ; but there is an excep- 
 tion in the case of railroad employees, for whom the 
 Federal Government has legislated. In 1888 an 
 Act was passed to assist the establishment of arbitra- 
 tion and mediation boards as regards strikes and 
 lockouts upon interstate transportation lines. In 
 1898 a new Act was passed* permitting either or both 
 parties to any such dispute to request the intervention 
 of the chairman of the Interstate Commerce Com- 
 mission and the U.S. Commissioner of Labour. In 
 case the parties agreed to arbitrate, these two officials 
 would appoint one arbitrator and each of the parties 
 concerned another. The decision of these arbitrators 
 is binding and may be enforced in the United States 
 courts by equity process. Employees shall not quit 
 the service of the employer before three months after 
 the award without giving thirty days' notice of their 
 intention to do so, and the employer is placed under 
 a similar restriction as regards the dismissal of 
 employees. So far no case of arbitration has arisen 
 under this Act. 
 
 * Public Laws of 1898, ch. 370.
 
 VOLUNTARY STATE. 139 
 
 We may now turn our attention to the laws pre- 
 vailing in the different States within the United 
 States of America* ; we shall find that there are two 
 distinct classes of laws, the one providing for State 
 boards of arbitration and conciliation and the other 
 providing for local boards, and it is the former 
 which we will first examine more closely. 
 
 In 1886 State boards of mediation and arbitration 
 were established in New York and in Massachusetts, 
 each differing in certain important points, to which 
 attention will be drawn lower down. The Act of 
 New York has formed the basis for similar Acts in 
 New Jersey, Michigan, and Connecticut ; whilst the 
 Massachusetts law has been the model for arbitration 
 laws in California, Colorada, Idaho, Illinois, Louisiana, 
 Montana, Minnesota, Ohio, Utah, and Wisconsin ; 
 the law of Indiana differs from both of these types. 
 The composition of the boards forms the best 
 criterion for distinguishing the three types. The 
 Massachusetts Board consists of three members 
 appointed by the Governor, one an employer, one a 
 workman, and one appointed on the recommendation 
 of the other two. The New York Board also consists 
 of three members, one being chosen from the political 
 party casting the highest number of votes, one from 
 the party casting the next highest number, and a third 
 from an incorporated labour organisation of the 
 State. In 1901, however, the New York Board was 
 
 * The texts of all these laws, as also of the U.S. law of 1898, 
 will be found in the 15th Annual Report of the New York 
 State Board of Mediation and Arbitration, Albany, 1902.
 
 140 CONCILIATION AND ARBITRATION, 
 
 transferred to the Commissioner of Labour and his 
 two deputies. In Indiana the Governor appoints one 
 member who has been ten years of his life an employer, 
 and another member who has been ten years of his life 
 an employee, and it is stipulated that these two shall 
 not be members of the same political party. When 
 actinpj as a Board of Arbitration these two associate 
 with them a judge of the Circuit Court of the county in 
 which the controversy occurs. The State boards, 
 however constituted, have little authority of an 
 absolute character. No board can compel the parties 
 to a dispute to submit to its decision, and even 
 where the parties voluntarily agree to do so, there is 
 generally no means of forcing them to abide by the 
 decision rendered. 
 
 There are three ways in which a State board may 
 come to arbitrate in a dispute : on the initiative of 
 one of the parties, and experience shows that this 
 party is generally the employees ; on the initiative 
 of both parties, a somewhat rare occurrence ; or 
 on the initiative of the board itself, which is 
 the commonest way. Almost without exception, 
 the various laws provide that whenever it shall 
 come to the knowledge of the board that a 
 strike or lockout is threatened, or has occurred, 
 it is the duty of the board to communicate 
 with the employer and employees and to try by 
 mediation to eSect a settlement, or to persuade them 
 to submit the matters in dispute to arbitration. 
 
 The decision of the boards is binding only where 
 both parties join in the application ; it is then
 
 VOLUNTARY STATE. Ul 
 
 generally provided that it is binding, usually for six 
 months, or until either party gives notice that it will 
 not be bound after sixty days from the time of the 
 notice. Only three States, namely Illinois, Indiana 
 and Ohio, have established a definite procedure to 
 compel obedience to the decisions of the State 
 boards. One party may summon the other before 
 the court, to show cause why the decision has not 
 been complied with, and any party refusing to comply 
 may be punished for contempt. Indiana law goes as 
 far as allowing imprisonment " for wilful and con- 
 tumacious disobedience." 
 
 We may now consider the working of the State 
 boards. The Report of the American Industrial 
 Commission * points out that the only boards 
 which can be considered as exercising any important 
 influence upon industrial relations, are those of 
 Illinois, Indiana, Ohio, Wisconsm, New York and 
 Massachusetts. The report further emphasises the 
 four following points, which in general hold true 
 of all the American State boards : firstly, the action 
 of the board in regard to a labour dispute begins, in 
 a large majority of instances, on its own initiative, 
 without application by the parties ; secondly, in 
 nearly all the remaining cases, the application for the 
 services of the State boards comes from one party 
 only, and more frequently from the employees than 
 the employers ; thirdly, the intervention of the 
 
 * Vol. XVII. — Many of the volumes of these reports 
 contain much valuable information about arbitration and 
 conciliation, particularly in the United States.
 
 142 CONCILIATION AND ARBITRATION. 
 
 TABLE SHOWINT; THE WORK OF AMERICAN STATE 
 BOARDS OF CONCILIATION AND ARBITRATION.* 
 
 
 Dlinois 
 
 Massachusetts 
 
 New York 
 
 Ohio 
 
 
 1S'J5-'J 
 
 1S'J4-1U00 
 
 18'J4-iy00 
 
 1893-99 
 
 Total cased roi>orte<l 
 
 4!) 
 
 232 
 
 157 
 
 89 
 
 Cases arbitrated 
 
 11 
 
 54 
 
 — 
 
 — 
 
 Cases investigated 
 
 
 
 
 
 with formal re- 
 
 
 
 
 
 commendation 
 
 3 
 
 — 
 
 — 
 
 
 
 Public hearings held 
 
 — 
 
 6 
 
 18 
 
 — 
 
 Cases of successful 
 
 
 
 
 
 mediation 
 
 22 
 
 72 
 
 7(3 
 
 35 
 
 Cases of unsuccessful 
 
 
 
 
 
 mediation 
 
 13 
 
 lUG 
 
 50 
 
 44 
 
 Joint applications - 
 
 13 
 
 61 
 
 5 
 
 1 
 
 Applications by one 
 
 
 
 
 
 party 
 
 12 
 
 48 
 
 — 
 
 13 
 
 Action by initiative 
 
 
 
 
 
 of Board 
 
 24 
 
 128 
 
 — 
 
 — 
 
 Arbitration refused 
 
 
 
 
 
 by employers 
 
 " 
 
 — 
 
 — 
 
 — 
 
 Arbitration refused 
 
 
 
 
 
 by employees 
 
 2 
 
 — 
 
 — 
 
 — 
 
 Local arbitration 
 
 
 — 
 
 S 
 
 3 
 
 board usually takes place only after open rupture 
 between employers and employees, i.e., after a strike 
 or lockout has actually taken place ; and, lastly, 
 the extremely small number of cases, in which 
 the boards formally arbitrate disputes and render 
 
 * Compiled from the figures of the reports of the four 
 respective State boards, quoted in Vol. XVII of the Reports 
 of the American Industrial Oommission.
 
 VOLUNTARY STATE. 143 
 
 binding decisions, is conspicuous. Above I quote 
 a table to illustrate the four points emphasised. 
 The figures of four of the most active State 
 boards have been selected, and they may be taken 
 as typical of all the States. 
 
 The second class of laws, referred to above, are those 
 of such states as Iowa, Kansas, Pennsylvania, 
 Texas, Maryland and Missouri, which authorise the 
 establishment of local boards of arbitration, but which 
 do not institute State boards. These laws are interest- 
 ing as showing a desire to find peaceful means of 
 settling labour disputes, but apparently they have 
 never been called into use.* Consequently they 
 have only a nominal interest for us. Various 
 States with State boards also authorise the formation 
 of local boards, which have occasionally been used, 
 as the figures quoted above show.j- 
 
 * See Reports of the American Industrial Gommission, 
 Vol. XVII., p. civ. 
 
 f Besides the Reports of the American Industrial Com- 
 mission and the annual reports of the New York State Board 
 of Mediation and Arbitration, the reader may consult 
 the annual reports of the Massachusetts State Board — the 
 most active State Board in America — and of the numerous 
 other State boards, all of which, however, are very inacces- 
 sible to the Enghsh reader. None of these annual reports 
 contain figures of the work done by the boards, and the only 
 statistics available are those compiled from the reports by 
 the American Industrial Commission. The Abstract of 
 Foreign Labour Statistics contains figures showing the 
 work of the Massachusetts State Board.
 
 144 CONCILIATION AND ARBITRATION. 
 
 CHAPTER VII 
 
 COMPULSORY ARBITRATION. 
 
 New Zealand. — * It is not my intention to enter 
 here into all the events, which have led up to 
 
 * The Bret thing to be consulted in connection with New 
 Zealand compulsory arbitration is the original material deal- 
 ing with the bubject. To begin with, there are tlie various 
 Acts. These will be found in tlie different editions of the 
 oflioial compilation : " The LalH)ur Laws of New Zealand,"- 
 in the Reports of the American Industrial Commission, in the 
 bulletins of the I'nited States Department of Labour, Nos. 
 33 and 49, in the Fifteenth Annual Report of the New York 
 Stale Board of Mediation and Arbitration. 1901, which is 
 embodietl in the Report of the New York State Department 
 of Labour for the same year, and elsewhere, but I am not 
 aware that they have ever been published in England. The 
 awards, recommendations, etc., are published monthly in 
 the Journal of the New Zealand Department of Labour and 
 are afterwards collected and appear as the " Awards, Re- 
 commendations, Agreements, etc., under the Arbitration 
 Act." A summary of the year's working of the law will 
 be found in tho Annual Reports of the New Zealand Depart- 
 ment of Labour. 
 
 With regard to the working of the Acts there have been 
 no lack of investigations. Two Colonial Royal Commissions 
 have reported on compulsory arbitration in New Zealand. 
 The Report of the New South Wales Commission of Inquiry 
 into the Working of the New Zealand Compulsory Concilia- 
 tion and Arbitration Law was published in 1901, after the 
 Commissioner, Judge Alfred P. Backhouse, of the New South 
 Wales Circuit Court, had visited New Zealand from March 
 21st till May 11th, 1901. The report, as far as it relates 
 to New Zealand, is reproduced in full in the Fifteenth Annual
 
 COMPULSORY. 115 
 
 Report of the New York State Board of Mediation and Arbi- 
 tration, 1901. In February, 1903, the Victorian Royf ^ J;;«^- 
 mission, " appointed to investigate and report on the opera- 
 Tn of the Factories and Shops Law of Victona," issued jts 
 report. The Commission interpreted its powers liberally, 
 and^ visited New Zealand and New South Wales o study 
 the operation of their compulsory arbitrat^nlaws^ A 
 summary of the report by A. F. Weber, of the New York 
 S L Department of Labour, will be found in the Qmrterly 
 Journal If Economics for August, 19^3. Both these repors 
 are distinctly favourable to the Acts. The Victorian report 
 appears to be very one-sided, and I shall have reason to 
 refer to this in a footnote on p. 166. 
 
 One of the first private investigators of the working of the 
 New Zealand law was the late Mr. Henry Demarest Lloyd 
 who visited New Zealand during 1899, and ^ho Pab|^od 
 his report in a book entitled : 'A Country ^^jthout Strikes 
 A Visit to the Compulsory Arbitration Court of New Zea- 
 Ld '' (New York, 1900). The book contams an introduet on 
 bv he Hon. W. P. Reeves, and is loud in its praises of the 
 law in every way. In 1899 two French gentlemen also 
 Hied New LalaL. M. Albert Metin publishod his repor 
 officially through the French Labour ^^''^^^l' ^.^^i^'^, 
 lation Ouvriere et Sociale en Australie et Nouvelle-Ztlanae, 
 and unoffi a ly in a book entitled " Le Sociahsme sans 
 Doctrrs" F^or an -count of these two pubhcaion^^^^^ 
 must refer the reader to the bibliography. The prelimmary 
 "couit of M. Andre Siegfried's investigations was puW.^^^^^^ 
 in the Revue Politique et ParlementaYe, '^^^^JiJ llr 
 
 ^<^'^-^Wem:^^m^)- The n.ost .ece.t inveBtigation
 
 lU) CONCILIATION AND ARBITRATION. 
 
 is that of Mr. V. S. Cbirk, wlio visited the island in 1903, 
 and whoso report, " Labour Condi tions in Now Zealand," 
 was ptiblished in the Bulletin of the United States Department 
 of Labour, November, 1903. 
 
 Besides the above in vest if^at ions into compulsory arbitra- 
 tion in Now Zealand, three shorter ones may be mentioned. 
 Mr. and Mrs. Welib visited New Zealand in 1898, and an 
 account of their impressions will bo foun«l in tlie introduction 
 to the second edition of their " Industrial Democracy."- 
 M. I^)uis Vigouroux 8[>ent several months of the same year 
 in Australasia, and in 1902 his work apjK'ared : " L' Evolution 
 Sociale en Australasie." Mr. Tom Mann, the once well- 
 known F]nglish labour loader, wrote from New Zealand in 
 July, 19<)'2, " Conditions of Labour in New Zealand," pub- 
 lished in the Ninelecnth Century and After, September, 1902. 
 Of the New Zealand gentlemen who have written on the 
 subject, by far the most important is the Hon. \V. P. Reevoa, 
 Agent -tJeneral for New Zealand, who first introduced Com- 
 pulsory Arbitration into New Zealand. Ilis chief work on 
 the subject is his " State Experiments in .Vustralia and New 
 Zealand." Other writings of his which may be consulted are 
 " The Long White Cloud " ; Introduction to H. D. Lloyd's 
 "Country without Strikes"; "Compulsory Arbitration at 
 Work." Contemporary Review, Novemljer, 1897 ; " The 
 Working of Compulsory Arbitration in Labour Disputes," 
 Nntiottal Review, XXX., p. 360 ; and letters to the Times, 
 December 31st, 1898. January 6th, 9th and 19th. 1899. Mr. 
 H. H. Lusk is no less favourable to compulsory arbitration, 
 as he showed in his evidence before the American Industrial 
 Commission and in his articles, " The Successful Prevention 
 of Strikes in New Zealand," World's Work, February, 1902, 
 and '■ Compulsory Arbitration : The Experience of New 
 Zealand," in Peters's '" Labour and Capital." Mr. 0. T. J. 
 Alpers, in Irvine and Alpers's " Progress of New Zealand in the 
 Century," is more descriptive than critical. Another New 
 Zealand wTiter is Mr. Barclay : " Four Years of the Concilia- 
 tion and Arbitration Act " (Dunedin Fabian Society). Two 
 strong opponents of the system are Mr. F. G. Ewington : 
 " The Truth about the New Zealand Compulsory Industrial 
 Conciliation and Arbitration Act," and letter to the 
 Auckland Star, May 16th, 1901 [See Appendix III.] ; and 
 Mr. J. MacGregor " Compulsory Arbitration at Work," 
 National Review, XXXIV., and " Compulsory Arbitration :
 
 COMPULSORY. M7 
 
 the Compulsory Arbitration Acts of to-day,* 
 and it will suffice to say, that the first Act 
 was passed in 1894, and that this was amended 
 in 1895, 1896 and 1898, and consolidated in 
 1900. Since then two further Amendment Acts 
 
 Is It a Success ? " Duncdin, 1901. [The 'writer was in the 
 Upper House in New Zealand when the law was passed, 
 and supported it, but he was so disappointed -nith its 
 working that he wrote the pamphlet.] 
 
 Other works which may be consulted on the subject are 
 the following : — The Reports of the American Industrial 
 Commission ; " State Arbitration and the Living Wage, with 
 an Account of the New Zealand Law and its Results " (Fabian 
 Society, London, 1898) ; N. P. Oilman, " Methods of Indus- 
 trial Peace " ; A. Bertram, " Quelques Experiences de la Con- 
 ciliation par I'Etat en Australasie," Revue d" Economie Poli- 
 tique, 1897 ; A. Metin, Arbitrage et Conciliation en Nouvelle- 
 Zelande, Revue d' Economie Politique, February, 1901 ; 
 H. W. ^Macrosty, " State Arbitration and the Minimum 
 Wage in Australasia," Political Science Quarterly, March, 1903 ; 
 P. Leroy Beaulieu, " Les Nouvelles Societes Anglo-Saxonnes "; 
 H. D. Lloyd : " Newest England " ; and " Australasian 
 Cures for Coal Wars," Atlantic Monthly, November, 1902 ; 
 M. Davitt, " Life and Progress in Australasia" ; F. Parsons: 
 " The Story of New Zealand," and " The Abolition of Strikes 
 and Lockouts," Arena, January, 1904 ; H. de R. Walker, 
 " Australasian Democracy " ; J. S. Grey, " Australasia Old 
 and New " ; P. Dutheil, " Un Pays Sans Greves," Le Cor- 
 respondayit, December 2oth, 1900, and April 25th, 1901. 
 
 The reader would do well to consult the numerous speeches 
 made in the New Zealand Parliament, whilst the various 
 Arbitration Acts were under discussion, and also the New 
 Zealand newspapers. Several of these will be found in the 
 Library of the Agent-General for New Zealand. 
 
 * A good account will be found in Reeves, " State Experi- 
 ments in Australia and New Zealand " ; Clark, " Labour Con- 
 ditions in New Zealand " ; and Siegfried, " La Democratic en 
 X iuvelle-Zelande." 
 
 L2
 
 148 CONCILIATION AND ARBITRATION. 
 
 have been passed in 1901 and 1903. In this chapter I 
 purpose giving a description of the law, its working 
 and its efEects. 
 
 Although it is very common to talk about 
 the New Zealand Compulsory Arbitration Law, 
 the correct title of the Act is the " Industrial 
 Conciliation and Arbitration Act," in which there 
 is not only no mention of " compulsion," but 
 the word "conciliation" apjiears. The explana- 
 tion of this is to be found in the duplex character 
 of the machinery set up under the Acts. New 
 Zealand is divided into industrial districts,* in 
 each of which there is a board of conciliation, 
 consisting of two representatives of the employing 
 class, elected by the unions of employers, and 
 two representatives of the working classes, elected by 
 the unions of workers, and of a chairman, elected by 
 the other four members, or appointed, in case these 
 four fail to agree, by the Government. When an 
 industrial dispute is referred to the board for settle- 
 ment, it inquires into it, and assists the parties to 
 arrive at an industrial agreement, when possible, 
 and in the other cases makes a recommendation, as 
 to w^hat the parties should or should not do. If the 
 parties accept the recommendation, an industrial 
 agreement to the same effect is drawn up. All 
 industrial agreements are filed with the clerk 
 of awards of the district, and become binding 
 
 * Eight in June, 1903 ; see Clark, " Labour Conditions in 
 New Zealand," p. 1187.
 
 COMPULSORY. 149 
 
 in the same way as an award of the court of 
 arbitration. 
 
 If no industrial agreement is arrived at, and the 
 recommendation of the board is not accepted, the 
 dispute is referred to the court of arbitration. This 
 is constituted quite differently from the boards of 
 conciliation. The president is a judge of the Supreme 
 Court, appointed by the Government, and the other 
 two members representing employers and employees, 
 are appointed by the Government from nominees of 
 the unions of employers and of employees respectively. 
 There is only one court and it travels round the 
 country hearing the disputes referred to it by the 
 different boards. The boards may examine witnesses 
 on oath, but the court has the further right to call 
 for the production of books, and instead of making 
 recommendations, which may be rejected or accepted, 
 it makes awards, which are legally enforceable, a 
 breach being punishable in the case of an employer by 
 a fine not exceeding £500, and in the case of a union 
 by each unionist being liable to a fine not exceeding 
 £10. 
 
 One of the questions which have been most debated 
 in New Zealand, is the relative advantages and dis- 
 advantages of the boards and of the court. The 
 oricrinal idea was that the boards would be able to 
 settle some 90 per cent, of the cases, whilst as a matter 
 of fact they have not even settled 30 per cent. Some 
 boards, however, have been far more successful in 
 settling cases than others, as the following table will 
 show : —
 
 150 CONCILIATION AND ARBITRATION. 
 
 TABLE SHU WING THE DISPL'TES SEITLED BY 
 BOAKDS OK CONCIIJAI'ION AND BV THE COURT 
 OEARBirKATfoN. AJ'KIL. lS'.»ti, To aihii JL'N'E. llMfJ.* 
 
 
 Setthtl by Settled by 
 Board. Court. 
 
 Total. 
 
 Aucklftnd 
 
 Wi*lliiii,'t<)ii 
 
 C'ant«Tbiiry 
 
 Otajjo ami Soiitlxlantl 
 
 VVestland 
 
 ll> 
 
 10 
 
 Id 
 
 4 
 
 IT 
 41 
 40 
 41 
 4 
 
 30 
 4(5 
 50 
 67 
 
 8 
 
 Total - 
 
 f)! 
 
 143 
 
 197 
 
 Various reasons have been given for the relative 
 failure of the boards. In some cases a ^v^ong class of 
 men have been appointed members of the boards. 
 " Some members entirely fail to appreciate their 
 function properly and become partisans, out and out, 
 rendering their boards, boards of irritation rather than 
 conciliation."! In March, 1001, a member of the 
 Auckland Board is reported to have said : — 
 
 " I give you notice, that I am here as a partisan ; I 
 do not think that I am in the position of an impartial 
 judge here. I am to represent one side of the case and 
 intend to do so at every opportunity." t 
 
 * Tlie table that is quoted by Mr. Clark, Labour Gonditions 
 in New Zealand, p. 1191. 
 
 t Report of the New South Wales Royal Commission of 
 Liquiry into the working of the New Zealand Compulsory 
 Conciliation and Arbitration Law, as quoted in the Fifteenth 
 Annual Report of the New York State Board of Mediation 
 and Arbitration, 1901, p. 391. 
 
 X Quoted in the above Report, p. 392.
 
 COMPULSORY. 151 
 
 Again, the office of chairman is often held by men 
 who have neither the temperament nor the training 
 fitting them for the position. In other cases 
 no fault can be found with the members of the 
 boards, and their want of success must be attributed 
 to other causes. The formal judicial-like methods 
 of the boards to some extent explain their failure. 
 Again, neither side can count upon concessions from 
 the other before the lower tribunal, which might 
 prejudice its standing in an appeal. The workmen 
 object to the decisions of the boards, because they are 
 binding only upon the employers signing or actually 
 cited in the case. But besides all this, the cheapness 
 of appealing encouraged the party who was dis- 
 satisfied with a recommendation of a board to 
 appeal immediately, in the hope that it might be 
 reversed. On the other hand, it must be clearly 
 recognised that the boards did good work. Mr. 
 Justice Cooper, president of the court, speaking at 
 Christchurch in April, 1901, expressed himself as 
 follows : — 
 
 " I should be very sorry, if there was any impression 
 in the puhlic minds, that the boards are not a necessary 
 part of the Act. They are very necessary."§ 
 
 The work done by the boards was to settle some 
 cases and greatly simplify many others, leaving some 
 small points only to be decided by the court. This 
 work is now more appreciated since the effect of 
 Section 21 of the Amendment Act of 1901, allowing a 
 
 § Report of the New South Wales Royal Commission, 
 p. 393.
 
 j:»L> CONCILIATION AND ARBITRATION. 
 
 • dispute to be takon direct to the court of arbitration, 
 has been practically to supersede conciliation boards, 
 and to congest the court with a press of business 
 and delay its decisions.* In the future, no doubt, 
 something will have to be done to remedy this; either 
 the court will have to be relieved of some of its minor 
 duties or a second court will have to be created. 
 
 From the machinery set up under the Act to 
 conciliate and arbitrate, we may next turn to the 
 method of setting this machinery in motion. This 
 can be done only by an industrial union of employers 
 or an industrial union of workers, and in practice is 
 always done by the latter. The former can be created 
 in any district by any two, originally seven, employers 
 in the same industry registering as a union, and the 
 latter by seven workmen employed in one industry 
 doing likewise. The full title of the original law of 
 18i>4: was " An act to encourage the formation of 
 industrial unions and associations, and to facilitate 
 the settlement of industrial disputes by conciliation 
 and arbitration," and these " industrial unions," 
 which are something quite distinct from " trade 
 unions," play a most prominent part in the whole 
 system of compulsory arbitration. As already 
 stated, only a union can commence proceedings 
 under the Act, but on the other hand a single employer 
 can be cited to appear before the court, and can be 
 bound by its decisions, and in the same way non- 
 unionist workers may be bound by decisions. The 
 
 * Twelfth Report of the New Zealand Department of 
 Labour, 1903, p. iv.
 
 COMPULSOKY. 153 
 
 minimum membership of the workers' union was. 
 placed as low as seven, so as not to exclude the 
 operatives of small trades from benefiting under the 
 Act. A union acts by the will of the majority, 
 so that four dissatisfied workmen are able to embroil 
 their employer in a dispute. This is undoubtedly 
 one of the chief causes which have contributed to the 
 large number of industrial disputes, and in New South 
 Wales, as we shall see later, an attempt has been made 
 to remedy this, by requiring a union to have a minimum 
 membership of fifty workers. The questions arising 
 out of industrial unions are by no means limited to the 
 size of the membership, and at the present time no 
 point is more discussed in New Zealand than that of 
 compulsory preference to unionists. I shall have 
 reason to refer to this again, when dealing with the 
 question of preference to unionists in general, amongst 
 the industrial matters which the court is competent 
 to decide, and we may now consider these in the 
 order in which they are enumerated in the definition 
 of " industrial matters." 
 
 In the first place, the court has jurisdiction over 
 all matters relating to "the wages, allowances, or 
 remuneration of workers employed in any industry, 
 or the prices paid or to be paid therein, in respect 
 of such employment." Further, under Section 92 
 of the Acb of 1900, the court may prescribe minimum 
 rates of wages, and has done so in almost every case 
 which has been brought before it. The question 
 involves a good deal of difficulty, and the position 
 of the court has not been easy. The court
 
 ]-,! CONCILIATION AND ARBITRATION. 
 
 has always shown itself desirous of raising wages and 
 inii)roving the conditions of the working classes ; 
 one result of doing this too freely is to render 
 the more incapable workmen liable to dismissal, 
 unless they can obtain certificates of incompetency 
 allowing them to work for a lower wage, and these 
 are not readily granted. On the other hand, a 
 minimum wage tends to become a maximum wage, 
 and by this means those originally earning higher 
 wages may have theirs reduced. This in its turn 
 would tend to lower the standard of workmanship. 
 These risks, however, have not frightened the court 
 from imposing raised minimum wages whenever 
 possible, with consequences which we shall see when 
 considering the effects of the law. 
 
 The second matter over which the court has juris- 
 diction is " the hours of employment, sex, age, 
 qualification or status of workers ; and the mode, 
 terms, and conditions of employment." The most 
 important action of the court under this section has 
 been to reduce the hours of labour. This it has done 
 with considerable freedom, and the effect is, of course, 
 the same as that of raising wages. The question of 
 apprenticeship has caused the court considerable 
 difficulty, as the unions are in favour of indenturing 
 apprentices, and this is found to be contrary to cus- 
 tom in several trades. The chief trouble with appren- 
 tices falls more under the next sub-section, allowing the 
 court jurisdiction over "the employment of children or 
 young persons, or of any person or persons, or class of 
 persons in any industry, or the dismissal of or refusal
 
 COMPULSORY. 155 
 
 to employ any particular person or persons or class of 
 persons therein." The unions claim to have the 
 number of apprentices in any business limited to one 
 for every three or at the most four journeymen. The 
 workmen, thinking nothing of the future but entirely 
 of the present, fear the growth of a class of cheap 
 labour and wish to restrict it as far as possible. It is 
 only fair to the court to say, that on more than one 
 occasion it has shown considerable broad-mindedness 
 when dealing with this question, and has refused to 
 grant the desired restriction. The general policy of 
 the court in this matter will be found in the remarks 
 appended to the award in the Wellington grocers' 
 dispute in 1902 : — 
 
 " There are some occupations where it is advisable 
 to liuiit youths in number. But there are other occu- 
 pations where no such limit is either reasonable or 
 necessary, and as we have said on more than one previous 
 occasion, it is our duty to see that the avenues for suit- 
 able work are not closed to the youth of the colony. We 
 owe a duty to the boys of the community, as well as to 
 the adult workers of the colony, and that duty we must 
 perform to the best of our ability. Tn practically every 
 occupation, the regulation of which has been subnutted 
 to this court, we have been asked to exclude youths 
 beyond a limited proporuou to the adults employed. 
 The proportion is generally stated at either one youth 
 to three or one youth to four adults employed. Thought- 
 ful working men, we think, must recognise that if their 
 boys are d'ebarred from obtaining suitable employment 
 in trades, from which there is no natural right for their 
 exclusion, a wTong is done to these boys, and the diffi- 
 culties surrounding the bringing up of a faimly are very- 
 much increased. The interests of the colony demand
 
 156 CONCILIATION AND ARBITRATION. 
 
 that there should he no improper shutting out from the 
 legit iniiitc! means of earning a livelihood by the youth 
 of this colony ; and we think that \vc are amply justified 
 in the interests of the working classes themselves in 
 again emphasising this principle. While therefore we 
 do not limit in any way the employment of youth in 
 this trade, wc prescribe a scale of wages to be paid to 
 them according to age, which we think will prevent any 
 abuse." 
 
 The next point, of which mention has already been 
 made, is " the claim of an industrial union of employ- 
 ers to preference of service from unemployed members 
 of an industrial union of workers," and " the claim of 
 members of industrial unions of workers to be em- 
 ployed in preference to non-members." The claim of 
 unionists to preference is based upon the expense and 
 trouble involved in obtaining an award, under which 
 non-unionists benefit, but under which unionists 
 maintain they should benefit first. The chief objec- 
 tion raised to preference is that it tends to create a 
 labour monopoly. In recent times the court has 
 granted preference to unionists pretty freely, provided 
 the rules were such that a new member could be 
 admitted without election on the payment of an 
 entrance fee not exceeding Ss. and a weekly contribu- 
 tion of not more than 6d. The awards also stipulate 
 that the union must be able to supply an efficient 
 workman when an employer requires one, otherwise 
 he is at liberty to employ a non-unionist. By a 
 decision of the court of April, 1901, however, when a 
 non-unionist has been engaged for want of an efficient 
 unionist, the union is at liberty to provide one within
 
 COMPULSORY. 157 
 
 twelve weeks, and to require the employer to substi- 
 tute him for the non-unionist. The unionists are now 
 demanding to have preference rendered compulsory 
 by law, though whether the desired amendment is 
 likely to be passed, it is difl&cult to say, for the last 
 Report of the Department of Labour (1903), which may 
 be taken as being practically " inspired," throws no 
 light upon the subject.* 
 
 The last thing falling within the definition of an 
 industrial matter, is " any established custom or usage 
 of any industry, either generally or in the particular 
 district afiected." This last matter is certainly pretty 
 general, and upon it and the preceding matters the 
 Court has at times put very liberal interpretations. 
 I may just mention two of these as examples. The 
 Court took upon itself to grant preference to unionists 
 as early as 1896, and has continued to do so ever since, 
 although it was only in 1900 that it was first author- 
 ised to do so by law. The second point is an exceed- 
 ingly interesting one, and has reference to the subject 
 of strikes. I may say in the first place, that whilst 
 any case is under consideration, a strike or lockout is 
 
 * The following is the passage I refer to : " Strong desire 
 is expressed among the ranks of trade unionists that " pre- 
 ference to unionists " should be made compulsory by statute. 
 The plea used is, that the Covu't in giving preference, usually 
 couples the privilege with the addendum, " other things 
 being equal," and as it is left to the employer to say whether 
 such equality exists, the grant of preference is useless with 
 such a proviso. If the law is amended in the desired direction, 
 it is probable that it will not be done without fierce opposi- 
 tion ; but the principle is so important, that it is well worth 
 full debate and enlightening discussion."
 
 158 CONCILIATION AND ARBITRATION. 
 
 forbidden under a penalty of £50. It was generally 
 believed, that after an award had been delivered, 
 employers and employees were at liberty to cease 
 work if they chose. It now seems that they are 
 not even at liberty to do this. In February, 1903, the 
 (yourt raised the minimum wage of the Auckland 
 cabinet-makers 2d. per hour. The employers, decid- 
 ing some of the men were not capable of earning the 
 increased rate, suspended them till they could obtain 
 certificates of incompetency. The registrar of in- 
 dustrial unions brought the case before the Arbitration 
 Court. It could not be proved that there had been 
 any agreement between the masters to discharge their 
 workmen, and the case was dismissed. During the 
 course of the case, the president made the following 
 announcement :* 
 
 " If a combined and concerted action .such as a strike 
 took place, he should con.sider such action a breach of 
 award, and punish it severely. It had hitherto been 
 held by many, that a strike or lockout had only been 
 punishable undur the Act, if it took place while proceed- 
 ings were pending or subsequently, but that once the 
 award had been delivered, then strikes or lockouts were 
 permissible. The president ruled, however, that he 
 should act in the spirit, not in the letter of the law ; 
 and that as the spirit of the Act was in the direction of 
 preventing industrial strife, he had the power to punish 
 organised infractions of award." 
 
 By Section 5 of the Amendment Act of 1903 this 
 judicial decision has been made law ; and under 
 
 * Report of the New Zealand Department of Labour, 1903, 
 p. V.
 
 COMPULSORY. 159 
 
 Section 6 of the same Act the dismissal of even a 
 single workman by an employer in certain cases may 
 be treated as a breach of the award.* 
 
 Above I have attempted to mention shortly all 
 the more important features of the New Zealand 
 Acts. For want of space many interesting details 
 have had to be omitted, but a knowledge of these 
 can easily be acquired by reading through the 
 original Acts, Before considering the general 
 effects of compulsory arbitration, I may just 
 refer to one amendment introduced by the Act of 
 1900. Previous to this time an award could relate 
 to the industrial district only in which proceedings 
 were commenced. By Section 87 of the Industrial 
 Conciliation and Arbitration Act, 1900, the Court is 
 empowered to make Colonial awards, subject to the 
 
 * Sections 5 and 6 of the Industrial Conciliation and Arbi- 
 tration Amendment Act, 1903, are as follows : — 
 
 5. "If dui'ing the currency of an award, any employer, 
 worker, industrial union or association or any combination 
 of either employers or workers, has taken proceedings with 
 the intention to defeat any of the provisions of the award, 
 such employer, worker, union, association, or combination 
 and every member thereof respectively, shall be deemed to 
 have committed a breach of the award and shall be liable 
 accordingly." 
 
 6. " Every employer who dismisses from his employment 
 any worker by reason merely of the fact that the worker is 
 a member of an industrial union, or who is conclusively 
 proved to have dismissed such worker merely because he 
 is entitled to the benefit of an award, order or agreement, 
 shall be deemed to have committed a breach of the award, 
 order, or agreement, and shall be liable accordingly." 
 
 A note on the interpretation of Section 6 will be found 
 in Appendiiv I,
 
 ir.o CONCILIATION AND ARBITRATION. 
 
 right of any union of employers or workers, belonging 
 to a district other than that in which the Court is 
 sitting, when making the award, to lodge a protest, 
 in which case, the award is to be suspended in that 
 district, until the Court has sat there and heard and 
 determined the objections. The difference in climate 
 and general conditions between the north and south 
 of New Zealand often tends to make a Colonial award 
 unfair, so that the Court has seldom used its power 
 under this Section. 
 
 Turning to the effects of the law, we find that the 
 Act was brought on to the Statute Book with the 
 intention of preventing industrial strife, so that we 
 shall be justified in asking ourselves in the first place, 
 how far it has been successful in achieving this end. 
 New Zealand has been referred to as '' a country with- 
 out strikes * " ; but this is not accurate, as small strikes 
 have occurred from time to time. This does not prove 
 that the law has been a failure, for everyone is at 
 liberty to strike, before proceedings are commenced 
 under the Act, and if both parties to the dispute are 
 non-unionists, the strike may very well continue. 
 The reader must not think that this desirable 
 state of affairs is entirely due to compulsory 
 arbitration, as there were practically as few strikes 
 and lockouts before 1894 as since that date. All the 
 Act has helped to do in this direction, is to check the 
 number of strikes from growing in proportion to the 
 
 * This is the title of the late H. D. Lloyd's book, and the 
 phrase vnil be frequently found in the literature dealing 
 with New Zealand.
 
 COMPULSORY. 161 
 
 increased industrial population. If the number of 
 strikes and lockouts has remained at such a nominal 
 figure, the same cannot be said of the number of 
 " industrial disputes," i.e., "disputes arising between 
 one or more employers or industrial unions or as- 
 sociations of employers, and one or more industrial 
 unions or associations of workers in relation to in- 
 dustrial matters." There can be no doubt that a 
 large number of the disputes would never have arisen 
 but for the existence of the Act. Even Mr, Wise, 
 who introduced compulsory arbitration into Nevv 
 South Wales, has written as follows on this subject* : 
 
 " In New Zealand, owing to the permission of any 
 seven persons engaged, for no matter how short a time 
 in one employment, to registet' themselves as an indus- 
 trial union, employers have been exposed to being har- 
 assed by trivial complaints arising from the perversity 
 or ill-will of their workm.en, and sometimes, it is to be 
 feared, incited by trade competitors." 
 
 In New South Wales, it may be mentioned here, Mr. 
 Wise has attempted to overcome this objection by 
 requiring not fewer than fifty workmen to unite in 
 forming a union. 
 
 A word may be said at this point, with regard to the 
 enforcement of awards. So far little trouble has 
 been experienced on this account, the reason, no 
 doubt being, that almost all the awards have been in 
 favour of the workers, and that there is no difficulty 
 in compelling employers to submit to awards. The 
 number of fines imposed is by no means inconsiderable, 
 
 * N.S.W. Industrial Arbitration Act, National Review, 
 August, 1902. 
 
 M
 
 162 CONCILIATION AND ARBITRATION. 
 
 though no fine, apparently, has exceeded £25 in 
 amount. The triviality and the unimportance of many 
 of the proceedings for the enforcement of agreements 
 brought before the court, arc largely accounted for 
 by the complainant receiving whatever fine is 
 inflicted. Up to the present, only one or two small 
 cases of breach of award have been brought against 
 a union, and the evidence is insufficient to show 
 whether an agreement could be effectually enforced, 
 if a union were the defaulting party. 
 
 The chief work of the Arbitration Court has not 
 been so much in maintaining industrial peace, as 
 in improving the conditions under which the work- 
 people labour. The Industrial Conciliation and 
 Arbitration Acts practically constitute the court a 
 legislative and a judicial body at the same time. 
 The court in its awards first lays down the conditions 
 under which a given trade is to work during the next 
 years, and then proceeds to interpret the conditions 
 drawn up by itself ; at times it has even gone as far 
 as to define the scope of its own jurisdiction. When 
 a case of breach of award occurs, no jury is empanelled 
 to hear industrial disputes ; the decisions of the court 
 are final, and no appeal can be made from them. It can 
 safely be said, that no other court in the British Empire 
 has such absolute power as an Arbitration Court under 
 the compulsory system. There can be little doubt that 
 the conditions under which women work have been con- 
 oiderably improved in New Zealand since the intro- 
 duction of compulsory arbitration, and the general 
 tendency has been to raise wages and reduce hours
 
 COMPULSORY. 163 
 
 all round. The consequence of this has been a 
 general rise in prices. Employers, unable to pay 
 the increased wages out of their existing profits, 
 have succeeded to a large extent in shifting the 
 burden on to the consumers. 
 
 All investigators are unanimous in asserting that 
 the cost of living has increased, though Mr. Clark is 
 the only one who expresses this tendency in figures : 
 " The increase in the cost of living in New Zealand 
 since the awards began to go into effect is variously 
 estimated at from 20 to 40 per cent." * The prices 
 of commodities quoted in the New Zealand Official 
 Year-Books, of which examples will be found in 
 Appendix II, clearly bear out Mr. Clark's testimony. 
 The Report of the Department of Labour for 1902 
 admits the increased cost of living, but says that it 
 appears to carry little disadvantage. This it tries 
 to demonstrate in the following ingenious way : 
 " As soon as the workman gets his wages, they are 
 almost all distributed again directly ; with high 
 earnings he buys more bread, beef, beer, tea, 
 clothes, theatre tickets, excursion tickets, etc., than 
 if he made poor earnings." The statement would 
 be exceedingly plausible, were it not that all mention of 
 increased cost of the bread, beef, etc., were omitted. 
 The same report asserts that the farmer, whose produce 
 goesoverseaSjhas also not been harmed bytheenhanced 
 cost of living. If this is really so, and increased 
 agricultural exports seem to point in this direction, 
 it only shows that the farmers have been able to add 
 * Labour Conditions in New Zealand, p. 1240. 
 
 M2
 
 164 CONCILIATION AND ARBITRATION. 
 
 80 much on to the price of what they sell at home, as 
 to cover any loss they may incur on their exports. 
 
 We may now consider in a general way, what the 
 efEects of compulsory arbitration have been upon 
 New Zealand industry. It certainly has not been 
 killed, and there is no proof to show that it has 
 been particularly harmed, except in the case of the 
 boot and shoe industry.* The chief reason for this 
 has already been given above : employers have 
 been able to pay the increased wages out of the in- 
 creased prices they have obtained for their products. 
 The boot and shoe industry, owing to the tariff not 
 being sufficiently high, has not been in a position to 
 stand a sufficient rise in prices to support the awards, 
 and imports have increased to a considerable extent 
 during recent years, whilst the home industry has 
 been practically stationary. The peculiar condi- 
 tions which have left New Zealand apparently 
 unharmed, after working for ten years under a system 
 of compulsory arbitration, have been well summed 
 up by M. Challaye, a French gentleman, who visited 
 New Zealand in the spring of 1900 : 
 
 " It is because New Zealand is not big, has a small 
 population, is rich in natural riches, it is above all be- 
 cause it is isolated — both geographically and economi- 
 cally — that it can support its 5ocial legislation, which 
 is so advanced, without being crushed by foreign com 
 petition." 
 
 * For some unfavourable views of the effects of com- 
 pulsory arbitration, tlie reader may consult J. MacGregor 
 and F. G. Ewington [see Appendix III] and also the table 
 ou p. 168.
 
 COMPULSORY. 165 
 
 A tariff wall is essential to successful compulsory 
 arbitration, but more is required besides that. In a 
 large country the question of enforcing awards 
 would be exceedingly difficult, if not impossible, for 
 it must be remembered, that New Zealand is not 
 only a small country, but an agricultural one at that, 
 in which practically all awards have been favourable 
 to labour. But one thing perhaps more than another 
 has contributed to the successful working of com- 
 pulsory arbitration in New Zealand. Ever since 
 it was introduced in 1894, the country has been 
 enjoying a great wave of prosperity. What the 
 effects of a period of depression would be, it is difficult 
 to say. The country has also been fortunate in more 
 than once having a very capable judge as president 
 of the court of arbitration. Mr. Justice Williams, 
 the first president, and Mr. Justice Chapman, the 
 present one, can certainly be numbered amongst 
 the most successful. We will now consider 
 the attitude of employers and employees towards 
 compulsory arbitration, and I shall have reason to 
 refer again to the prospects of the future success of 
 the Acts. 
 
 There is probably no question concerning com- 
 pulsory arbitration, about which more contradic- 
 tion of opinion exists, than that of the attitude of 
 New Zealand employers towards the law. In the 
 first place, there is usually a good deal of bandying 
 with words. Some people express their belief in the 
 principle of the Act, whilst cordially hating the Act 
 itself. Others will declare themselves as satisfied
 
 166 CONCILTATION AND ARBITRATION. 
 
 with the court of arbitration, referring, of course, to 
 its honesty and ita fair-mindedness, without for a 
 moment meaning that they would not like to see 
 compulsory arbitration abolished. The report of 
 one recent investigation into the working of the New 
 Zealand law contains the statement, that : — 
 
 " In no part of the Colony we visited, did we hear any 
 general desire for its repeal." 
 
 And the chairman of this same Commission is 
 reported to have said : — 
 
 " Wo exan)incd a largo number of witnesses from 
 both sides, and, with the exception of one employer, 
 there was a unanimou-s opinion that the Conciliation 
 and Arbitration Act is a sound one, an<l that they 
 would be very sorry indeed to go back to th»* old order 
 of things." 
 
 If the Commission wishes to convey the opinion 
 to the readers of its report, that employers in New 
 Zealand are, generally speaking, quite satisfied with 
 the Compulsory Arbitration Acts, it is certainly very 
 seriously misleading them.* The opinions of the 
 
 * The Commission I refor to is the Victorian Royal CVjm- 
 mission ftppointod to investigate and report on the opera- 
 tion of the Factories and Shops Law of Victoria. The first 
 quotation is from its report pp. xxiii-xxiv and the second from 
 the reprint of the Report of tlio Special C'ommis.Moner of the 
 Adelaide (S.A.) newspaper, the Adierti>ier, " Industrial I>>B;is- 
 lation in New Zealand : The Conciliation and Arljitration 
 Act," p. 8. With regard to the witnesses examined by the 
 Commission the following quotation from Clark, p. 1246, is 
 interesting : — 
 
 " Business men went out of their way in three cities to 
 say that the publi'.ity given their testimony prevented r-m- 
 ployers from testifying or stating their views frankly before
 
 COMPULSORY. 167 
 
 the Australian Commissions sent over to investigate the 
 working of the Act, lest they thereby injure their business." 
 The value of the opinions expressed by this Royal Com- 
 mission is gz'catly reduced by the fact that they are very 
 one-sided. The only thing with which the Victorian Com- 
 mission can be compared is the " Tariff Reform Commission," 
 for both were appointed to demonstrate the need of some- 
 thing, in the value of which every member of the Com- 
 mission firmly behoved before the investigations were com- 
 menced. The last Victorian Government, wishing to 
 show the value of compulsory arbitration, sent a Com- 
 mission to New Zealand and New South Wales, every mem- 
 ber of which probably firmly believed in compulsory arbitra- 
 tion before he was appointed, otherwise we should hardly 
 find nine Commissioners unanimously signing a report, 
 which is out and out favourable to compulsory arbitration, 
 as the following passage from the report (p. xxiii) will 
 show : — 
 
 " Despite certain defects in detail, which have been re- 
 vealed by experience, the New Zealand Conciliation and 
 Arbitration Acts remain to-day the fairest, the most com- 
 plete and the most useful labour law on the Statute-books 
 of the Australasian States. And it is, on the whole, a wise 
 social law, on the one hand protecting the fair-minded em- 
 ployer from the dishonest competition of the sweater, who 
 keeps down the cost of production by paying miserably low 
 wages, and, on the other hand, the toiling thousands, to whom 
 a rise in wages of a few shillings a week when an industry 
 can fairly bear it, often means the difference between gripping 
 poverty and comparative comfort. But beyond that it has 
 the great merit of providing effective means for preserv- 
 ing unimpaired the industrial relationship of employer and 
 worker, in forbidding the miserable v,arfare, which displays 
 itself in strikes and lockouts, and the stem reprisals which 
 too often accompany them ; while ample opportunity is 
 given for conciliatory methods of settling disputes before 
 compulsion is invoked." 
 
 In spite of the compulsory arbitration law being the 
 " fairest, the most complete and the most useful labour law 
 on the Statute-books of the Australasian States," the present 
 Victorian Government has shown the value it attaches to the 
 report of this Commission, by carefully avoiding to follow 
 its recommendations.
 
 16S CONCILIATION AND AKBITUATION. 
 
 U 
 O 
 
 >< 
 
 Y-, 
 
 W 
 
 o2 
 
 K 
 E- 
 
 ?: 
 
 o 
 
 K 
 » 
 
 1-3 
 03 
 <J 
 H 
 
 
 «c 
 
 d 
 
 •n o •• 
 
 t- 
 
 a ■o 
 
 ?< •« n '« •H M 
 
 
 
 
 >e; 
 
 
 » 
 
 xr- 
 
 
 
 ^ 
 
 a 
 
 .^< 
 
 
 
 
 
 
 i 
 
 ^ 
 
 a 
 
 1"S 
 
 3r = 
 
 Ok o = 
 
 eo 
 
 - = 
 
 n o '« lO « M 
 
 
 8 
 
 O O r- 
 
 »l 
 
 r 
 
 
 
 
 Ch 
 
 >« 
 
 
 
 
 
 
 
 ? 
 
 
 • • • 
 
 <0 
 
 t- o 
 
 1 et 1 •-■ 1 1 
 
 
 
 r. 
 
 
 »< 
 
 
 1 1 II 
 
 
 a 
 
 >. 
 
 
 
 
 
 
 
 
 a 
 
 
 
 
 
 
 
 ^ 
 
 £ 
 
 A^- 
 
 
 n 
 
 «o 
 
 1 C4 C4 n ^ 1 
 
 
 3 
 
 a 
 
 o 
 
 y^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 t 
 
 £ 
 
 • • • 
 
 1 
 
 1 1 
 
 M 04 M S M C4 
 
 
 
 &I 
 
 >< 
 
 
 
 
 
 • 
 
 
 a 
 
 d 
 
 t-i M >« 
 
 a 
 
 as 
 
 M M M r4 m 01 
 
 X 
 
 3 
 
 A 
 
 y. 
 
 
 
 
 
 i 
 
 
 
 
 
 
 
 
 ^' 
 
 -^ t- «t> 
 
 1 
 
 1 1 
 
 1 1 1 1 " 1 
 
 ^^ 
 
 •i 
 
 
 ^^ 
 
 
 
 
 
 ^^ 
 
 ^ 
 
 iS 
 
 S 
 
 :7" 
 
 
 
 
 
 
 r 
 
 8 
 
 ua laei 
 
 1 
 
 1 1 
 
 e o a a> at » 
 
 
 
 
 
 
 m 73 01 04 e4 M 
 
 § 
 
 
 X 
 
 >« 
 
 
 
 
 
 
 
 
 
 
 
 
 «* 
 
 a 
 
 1 
 
 
 15 
 
 S S3 
 
 CO 
 
 ss 
 
 « « C4 0. , 1 
 
 i 
 
 Q. 
 t 
 
 e 
 
 
 01 eon 
 
 1 
 
 r 
 
 eo 03 04 Ot 04 04 
 
 o 
 a 
 
 >o ia>a 
 
 M 
 
 r 
 
 ^ M M M 01 04 
 03 93 m CO CO CO 
 
 
 cu 
 
 >< 
 
 
 
 
 
 a 
 
 
 ,1 • • a 
 
 E • 
 
 , . 
 
 
 o 
 
 
 1 ^ 1 
 
 •e . 5 . .a 
 
 li 
 
 « 3 
 
 » ■ "3 
 
 . o 
 
 E.gRg.o.i.O. 
 
 S 
 
 9 
 
 
 •25 o » 
 
 a 
 
 1 
 • >.a 
 
 ^ e-l - 1 1 
 
 |.ioljjl||. 
 
 J 
 
 • 
 
 a 
 
 o 
 
 1 
 
 s 
 
 3 C SB 
 
 1 ^ . 1 . I-S 
 ■g C . O . £ o 
 
 l.i 
 
 ^ >. 
 
 5 "S 
 
 •r? 
 
 4) •» 
 •II 
 
 1 ^|i iii=2 
 
 
 
 ^c ^i:ii '-on 
 
 s >« 
 
 ^ * 
 
 3 £t5£ u'S : I. c o a 
 
 
 
 '-— S ^ 2 s » f? 
 o J?— X * t — — 
 
 2 e-MS M=- 
 = c = E £ ■H.-a 
 
 •* xl S = = *"■£ ??f&~ 
 
 i^,H'?!||iii-i 
 
 i o c - £ C 
 
 
 
 
 
 5 s 
 
 
 >::; 
 

 
 COMPULSORY 169 
 
 great majority of investigators go to show, that, with 
 certain exceptions, New Zealand employers as a class 
 are not in favour of compulsory arbitration. What 
 is probably the best evidence we have on this subject 
 are the answers to a set of questions sent by the 
 employers' associations in Wellington, Christchurch 
 and Dunedin to their members.* The table given 
 on page 168 is quoted by Mr. Clark and he adds the 
 following comment to it :f 
 
 " About thirty replies were received in each city, the 
 answers frequently being from the secretary of an in- 
 dustrial union of employers, voicing the opinion of all 
 the members of the society, so that the actual value 
 of each reply varied, some representing individual and 
 some collective opinions. But in no instance, so far 
 as the writer could learn, were opinions favourable to 
 the Act indorsed by more than a single individual. Upon 
 numerical rating, therefore, the balance of opinion ad- 
 verse to the law as it stands at present, would be con- 
 siderably heavier than it appears in the table." 
 
 It will be seen that the table is very complete, 
 containing answers to several questions dealt 
 with above. The majority of the answers are in 
 every case unfavourable to compulsory arbitration, 
 and whether these gentlemen could produce definite 
 proof of their assertions or not, it clearly shows that 
 
 * A similar set were sent in Auckland, but the tabular 
 statement is omitted, as the exact figures could not be 
 obtained, but the repUes averaged about the same as those 
 from the other cities, I have also before me a detailed set of 
 answers to a series of questions sent out by the Otago Em- 
 ployers' Association. The same opposition to the Act as 
 that indicated on page 168 can be clearly gathered from them. 
 
 t Industrial Conditions in New Zealand, p. 1246.
 
 170 CONCILIATION AND ARRITHATION. 
 
 employers as a class are dissatisfied with the Act, and 
 it would be very surprising to find that they were not. 
 Turning from the attitude of employers to 
 that of employees, we find the position is almost 
 exactly reversed. Taken as a whole, the workers are 
 strongly in favour of the Act, and the explanation 
 undoubtedly is, that the decisions have almost always 
 been in their favour. Whenever the contrary has 
 been the case, much dissatisfaction has been expressed 
 by the employees, and this tends to make one very 
 doubtful as to what would happen, if, owing to a 
 depression in trade, a whole series of awards went 
 against them. The question of enforcing agreements 
 against the workers has so far been put to no serious 
 tost, and it is just the same with regard to the pro- 
 hibition to strike whilst proceedings are pending. 
 In this connection it is interesting to note what a 
 New Zealand gentleman, Mr. 0. T. J. Alpers, against 
 whom, so far as I know, no imputation of bias can be 
 made, has written on this subject.* 
 
 " It is true that an employer has but to lodge a dispute 
 and the men are bound to continue to work, till the 
 dispute is ended. But how bound ? The property of the 
 Union is liable to attachment and the members are in- 
 dividually liable up to £10 if they disobey. But the 
 chances are the Union has scarcely any funds, and the 
 remedy against the individual workmen is, for obvious 
 reasons, purely illusionary." 
 
 There can be no doubt that the future success or 
 
 * The quotation is from tlio chapter written by Mr. Alpers 
 on Compulsory Arbitration in Irvine and Alpers, Progress 
 of New Zealand in the Century, p. 349.
 
 COMPULSORY. 171 
 
 failure of the Act depends largely upon the attitude 
 of the workers, and from the indications of this 
 attitude, which have been given in the past, the 
 prospects of the success of the Acts in a period of 
 depression is none too rosy. M. Andre Siegfried is 
 distinctly of this opinion and Judge Backhouse, whilst 
 in favour of compulsory arbitration, hints gently at 
 the same thing, when he writes towards the end of 
 his report : 
 
 " If the award is to be accepted only when in favour 
 of one class, if it is to be flouted when against that 
 class, the Act had better at once be ^^aped out of the 
 statute books." 
 
 New South Wales*— The Industrial Arbitration 
 
 * The Industrial Arbitration Act, 1901, is published separ- 
 ately as a New South Wales Government paper and will 
 also be found in the Fifteenth Annual Report of the New 
 York State Board of Mediation and Arbitration, 1901, and in 
 the Bulletin of the United States Department of Labour, 
 No. 40. To understand fully the difference between the 
 New South Wales Law and the New Zealand Law, it is neces- 
 sary to read the Report of the N.S.W. Royal Commission 
 on the Working of the Compulsory Conciliation and Arbitra- 
 tion Law in New Zealand. The only investigation mto the 
 working of the Act is that of the Victorian Royal Comims- 
 sion, which was made after the law had been in existence only 
 a few months. Other ^Titings bearing on this Act are : B. R. 
 Wise • What I expect from the New South Wales Industrial 
 Arbitration Act, Review of Reviews (Australia), December, 
 
 1901 and The New South Wales Industrial Arbitration 
 Act, National Review, August, 1902 ; W. P. Reeves : The 
 New South Wales Industrial Arbitration Act, Economic 
 Journal, September, 1902, and State Experiments in Aus- 
 tralia and New Zealand, Vol. II. ; F. R. Sanderson, Industrial 
 Arbitration in New South Wales, Juridical Review, December, 
 
 1902 ; and Dr. CuUen's article against the Act m the Untted. 
 Australia, November, 1901.
 
 172 CONriLIATION AND ARBITRATION. 
 
 Act, 1901, establishing compulsory arbitration in 
 New South Wales, was passed after the Report of the 
 New South Wales Royal Commission had been 
 published. In many ways the act closely resembles 
 the New Zealand law, but there are a few important 
 differences, and it is only these to which I intend 
 to draw attention in this essay. In the first place, 
 there are no boards of conciliation in New South 
 Wales, and all disputes are referred directly to 
 the Court of Arbitration. This alteration of the 
 New Zealand system can be traced to Judge 
 Backhouse's Report. The New South Wales Court 
 is authorised to establish by its awards "common 
 rules "for the whole colony and apparently does so 
 at every opportunity ; on the other hand, though 
 the New Zealand Court has power to make 
 Colonial awards, it uses this power but slightly. 
 Another distinguishing point of the New South 
 Wales system is that the registrar has power to 
 submit a reference to the Court, even against the 
 will of the contending parties. Perhaps the most 
 interesting section of the whole Act is Section 34, 
 which makes a strike or lockout a misdemeanour, 
 punishable by a fine not exceeding £1,000, or 
 imprisonment not exceeding two months. 
 
 With regard to the working of the Act, sufiicient 
 time has not elapsed for any definite judgment to be 
 made. It appears evident, however, that some 
 harm has been done, and the prejudicial effects of 
 certain judgments under the Act on the glass-blowing 
 industry, are clearly shown by the loUowing passage
 
 COMPULSORY. 173 
 
 takon from a long and detailed article in the Sydney 
 Morning Herald, July 22nd, 1904: : 
 
 " To-day, instead of there being seven flourishing 
 factories only three of the smallest remain, and 50 per 
 cent, of the bottles used in Sydney are imported cheaper 
 than they can be made locally, despite a handicap of 50 
 per cent, in freight and duty." 
 
 The same observation with regard to the attitude 
 of the employees towards the Act can be made in New 
 South Wales as in New Zealand. 
 
 " The arbitration law in New South Wales has been 
 in operation over a year, and it has been found, that 
 so long as its decisions are in accordance with the wishes 
 of the employees, there has been no resistance ; but 
 whenever a decision has been adverse to them, they have 
 shown a spirit of resistance."* 
 
 On one occasion already, the Newcastle (N.S.W.) 
 colliers refused to work in defiance of a decision of 
 the Court, but they submitted unconditionally, 
 before proceedings were taken under the Section 
 making strikes misdemeanours. This attitude of 
 the workers hardly promises well for the future. 
 
 As far as one can judge from reading through the 
 Industrial Arbitration Recordsj the cases brought 
 before the New South Wales Court are very similar to 
 those in New Zealand. One recent judgment is 
 
 * The passage quoted is from the American Consular Re- 
 ports, May, 1904. 
 
 t These records are got up very similarly to the ordinary 
 law reports. The indexing, headnotes and method of cita- 
 tion all tend to make the resemblance more striking.
 
 171 CONCILIATION AND ARBITRATION. 
 
 worth mentioning. The case is that of in re Ranse- 
 lius* and the head-note is as follows : — 
 
 *'A master of a foreign ship trading to this port is subject 
 to the jurindiction of the Court of Arbitration, and is 
 liable to a penalty, if ho employs his crew in discharging 
 cargo, contrary to the terms of the wharf-labourers* 
 award." 
 
 In this particular case the Court fined the master 
 of an American ship X.0O. 
 
 One cannot but be of the opinion, that the Court 
 would do better to restrict its activity to regulating 
 home industries, instead of doing its best to draw 
 down upon itself international protests by interfering 
 with foreign shipping. The author of the Act once 
 defined the court as " a sort of elastic and self-acting 
 Factory Act which will assimilate the conditions of 
 employment in each trade to those which prevail in 
 the best conducted establishments." f Even this 
 definition does not seem broad enough to cover all 
 the self-imposed activities of the court. 
 
 Other Countries. — A compulsory arbitration law 
 was enacted in Western Australiain 1900, and in 1902 
 another law, the Industrial Conciliation and Ar- 
 bitration Act, 1902, was passed. Throughout, this 
 latter Act closely follows the New Zealand law, but 
 there is little evidence forthcoming \vith regard to its 
 working, and what little there is, is contradictory. 
 From a conversation I had with the Hon.W. P. Reeves, 
 I gathered that so far the Ac t had worked successfully. 
 
 * [1904] A. R., p. 54. 
 
 •j- B. R. Wise, The New South Wales Industrial Arbitration 
 
 Act, National Review, August, 1902, p. 895.
 
 COMPULSORY. 175 
 
 On the other hand, a recent article* takes a much 
 more unfavourable view of the question : 
 
 " The Western Austrahan Chamber of Mines declares 
 that, far from blending the interests of the employer 
 and the workers for mutual good, it {i.e., the Compulsory 
 Arbitration Act) has set up a continuous process of 
 irritation, which is assuredly driving these two factors 
 wider apart. The Council of the Chamber say, that 
 striking illustrations of the absolute futility of the AcfS 
 in practice is afforded by the action of the timber em- 
 ployees in the South West District (W.A.), andtheTeralbo 
 Coal Mines (N.S.W.) In both cases the award was 
 instantly repudiated, when it operated in the slightest 
 extent in a manner unfavourable to the workers." 
 
 In South Australia the Conciliation Act, 1894, 
 provided for compulsion, but it has been a dead 
 letter ever since 1895, and at present there seems to 
 be no probability of an effective Act being passed. 
 In August, 1904, the labour ministry of Australia at- 
 tempted to pass a Compulsory Arbitration Act for 
 the Commonwealth. It was to apply to irfeer-state 
 disputes only, so that its application would certainly 
 have been attended with considerable difficulties. 
 The Act, however, as the reader will no doubt be 
 aware, was not passed, the ministry resigning after 
 suffering defeat on the subject of preference to 
 unionists. In Victoria the Royal Commission re- 
 ported in favour of compulsory arbitration on the 
 New Zealand system. One modification the Com- 
 mission suggests, is the enlargement of the powers of 
 the Conciliation Boards, so as to make an award for 
 
 * R. H. in the Manchester Evening Chronicle, September 21, 
 1904.
 
 I7<i rONCILIATION AND ARBITRATION. 
 
 a period of six months, with permission to the dis- 
 putants to appeal to the Arbitration Court, if dis- 
 satisfied at the end of that time. The Court of 
 Arbitration would thus become solely a Court of 
 Appeal. The Commission also recommended, 
 that unions of workers should not be formed, unless 
 half the workers of the trade were included. 
 Further, whilst they too place the minimum 
 membership at seven, they suggested that a two- 
 thirds majority should support any application to 
 the Court. The scheme, however, is shelved for the 
 present, as a Conservative Government came into 
 power before the Commission reported. 
 
 The prospects of compulsory arbitration being 
 established elsewhere in Australasia at the present time 
 are very slight. In Europe there has been a talk 
 of attempting to establish some such system in France. 
 A Bill to this effect has been introduced more than 
 once by M. Millerand, but so far it has not passed.* 
 Whether the Bill will ever become law, and what the 
 final form would be, if it did so, it is impossible to say. 
 Optimists, or more strictly speaking, pessimists, 
 foresee a time when the United States will adopt a 
 similar system. This, however, seems exceed- 
 ingly unlikely ; all the theoretical and practical ob- 
 jections which can be raised to compulsory arbitra- 
 tion in a small agricultural country like New Zealand, 
 would apply with greatly increased force to a great 
 
 * See F. Challaye : L' Arbitrage Obligatoire en Nouvelle- 
 Zelaude. Bevue Politique et Parlementaire, September, 
 1903.
 
 COMPULSORY. 177 
 
 industrial country like the United States ; and if the 
 country were successful in adopting the system, it 
 would have taken such a retrograde step, as would 
 throw back the development of its industry into its 
 very earliest stages. If any great manufacturing 
 country wishes to commit industrial suicide, it cannot 
 do better than adopt compulsory arbitration.
 
 178 CONCILIATION AND ARBITUATION. 
 
 CHAPTER VIII. 
 CONCLUSION. 
 
 After studying the literature of industrial concilia- 
 tion and arbitration, certain general features cannot 
 fail to impress themselves on one's mind. In Great 
 Britain, the oldest of the great industrial countries, 
 recent years have seen a steady growth of industrial 
 peace ; in France, in the United States and in Ger- 
 many the increase of industrial warfare is more and 
 more marked ; in the Australasian Colonies at the 
 commencement of the 'nineties" there were one or two 
 large strikes, and since then a few small ones. The 
 facts ])ermit of one clear deduction being drawn 
 from them. In small countries, where industry is 
 just springing up, there are hardly any strikes ; in 
 large countries with rapidly increasing industry ^ 
 strikes become more and more frequent ; as a country 
 reaches the highest stage of industrial development, 
 and above all as its employers and employees become 
 more educated, and learn to know each other and their 
 own industry better, there is a great growth of indus- 
 trial peace. The characteristic of the earliest stages of 
 industry is the fixing of wages by custom or govern- 
 ment. Nowhere do we see this more clearly than 
 in England during the many centuries preceding the
 
 CONCLUSION. 179 
 
 nineteentli. And now we see it again in the compul- 
 sory arbitration of Australasia. If the industries of 
 these countries flourish and increase, the system of 
 the fixing of wages by government will inevitably 
 break down, just as it did in England, and will 
 probably leave the relationship between employers 
 and employees more strained than if the regulation 
 had never existed.* No system can be invented, as 
 far as economics and history offer us a basis 
 for forming an opinion, which will enable the industry 
 of any country to avoid the intermediate stage of 
 war, so as to pass straight from the period of industrial 
 peace upheld by custom or government, to that up- 
 held by experience. A relative industrial peace of the 
 true character may be a long time in coming, but it 
 will come as soon as the development of industry and 
 the education of the people permit of it. Before it can 
 come, it is absolutely essential that employers and 
 employees should be brought to appreciate as fully as 
 possible the complicated problems of industry. This 
 alone boards of conciliation can facilitate. Arbitra- 
 tion cannot educate ; it can only demonstrate the con- 
 fidence which masters and workmen have in the 
 honour, impartiality and fair-mindedness of their 
 fellow men. Compulsory arbitration is worse than 
 useless, for it tends to cultivate a spirit of antagonism 
 between employers and employed. 
 
 Industrial conciliation can be effected in many 
 
 * No strikes in Great Britain were more violent than those 
 occurring immediately after the rep^5al of the Combination 
 Acts. 
 
 n2
 
 i80 CONCILIATION AND ARBITRATION. 
 
 ways, but they are not all equally valuable from an 
 educational point of view. A district or a general 
 board may save a strike being entered into on specific 
 occasions, but it can foster none of the good feelings 
 between employers and employees which trade 
 boards do. The English Trade Unionists on the 
 Mosely Industrial Commission recommended the 
 establishment of a National Civic Federation in Great 
 Britain. Whilst the value of such a federation would 
 exceed that of district and general boards, it would 
 fall far short of that of trade boards. England has by 
 no means reached its highest stage of industrial 
 development, or attained to an ideal standard of indus • 
 trial peace ; and it is quite possible that the establish- 
 ment of a National Civic Federation would tend to 
 reduce the numberand severity of strikes and lockouts. 
 But whilst trade boards may be looked upon as the 
 schools in which future generations of employers and 
 employees are to be educated, a civic federation can 
 be treated only as something which will pass away 
 with the increased growth of industrial peace.* 
 
 We may now turn our attention more closely to the 
 stages of industrial peace reached at the present time 
 by various countries. The most important evidence 
 we have on the subject is the strike statistics. It 
 would very probably be misleading to compare the 
 number of strikes in one country with those in another, 
 
 * This is also the view taken by the founders of the National 
 Civic Federation of America, who look upon the Federation 
 as a temporary institution only, wliich is to assist in the 
 solution of industrial disputes, until a higher stage of develop- 
 ment has been reached.
 
 a 
 
 H 
 
 D 
 
 H 
 
 a . 
 H > 
 
 ■4 
 
 So 
 a 5 
 
 
 ?■• « 
 
 O X! 
 
 » 
 
 H 
 
 1 = 
 
 3 a 
 
 a' 
 
 n 
 
 n 
 
 ^ 
 
 n 
 
 'I 
 
 n 
 
 -1 
 
 -] 
 
 -| 
 
 Z5 
 
 % 
 
 -^ 
 
 -{ 
 
 -\ 
 
 zi 
 
 ^ 
 
 i S II 
 
 
 
 
 ^ 
 
 ^, 
 
 
 1 a 
 
 
 
 
 
 
 
 ''■- 
 
 •-^ 
 
 
 
 
 \ 
 
 / 
 
 3 
 
 
 ! ^ 
 
 iH 
 
 ,i-L 
 
 
 
 
 
 
 
 
 
 ; 
 
 
 
 
 ^ 
 
 y( 
 
 
 
 
 > 
 
 — 
 
 
 
 
 
 ^- 
 
 .'■■ 
 
 •" 
 
 
 
 
 .-■ 
 
 j 
 
 
 
 
 
 < 1 
 
 
 
 
 ■" 
 
 "x 
 
 
 
 
 
 - 
 
 ,i 
 
 / 
 
 
 
 
 \ 
 
 1 
 
 - 1 
 
 8; 
 ■ 
 
 
 ~^ 
 
 — 1 
 
 — 
 
 — 
 
 «^ 
 
 --. 
 
 -. 
 
 , 
 
 
 / 
 
 J 
 
 ■"" 
 
 — 
 
 •»^ 
 
 
 
 
 Rl 
 
 
 
 
 
 
 
 / 
 
 
 
 ■' 
 
 < 
 
 ,^ 
 
 
 
 1 
 
 
 
 U B 
 
 i 
 
 1^^ 
 
 '"1"' 
 
 
 
 
 
 
 \ 
 
 
 i 
 
 r 
 
 
 
 \ 
 
 / 
 
 
 
 
 
 
 
 
 
 / 
 
 
 
 
 "x 
 
 ■V 
 
 
 
 ^-1 
 \ 
 
 ■--. 
 
 
 [ :ii 
 
 h: 1 
 It i 
 
 
 
 
 
 
 '-' 
 
 ^ 
 
 
 
 J 
 
 y 
 
 ^ 
 
 
 
 1 
 
 
 
 \ 
 
 X 
 
 B 1 
 
 
 
 
 
 
 
 
 
 
 ^ 
 
 \ 
 
 
 
 
 
 
 
 1 
 
 'i 
 
 1 "t 
 
 
 
 
 
 
 ^ 
 
 
 
 
 
 
 ^ 
 
 — 
 
 
 - 
 
 • -^ 
 
 
 
 W.; E 
 
 ■ ■ T" " 
 
 
 
 ,- 
 
 
 
 
 
 ^ 
 
 — 
 
 
 1 
 
 - 
 
 X9 * 
 
 - 8 
 
 ■ '■" 
 
 A 
 
 
 
 
 
 
 
 
 / 
 
 / 
 
 
 
 
 
 — 
 
 — 
 
 
 — 
 
 
 
 ^ 
 
 ^ 
 
 
 
 
 
 
 
 / 
 
 
 
 . B 
 
 B' 
 
 
 
 
 
 
 
 B" 
 
 
 \ 
 
 
 
 
 
 
 
 
 ■^ 
 
 ., 
 
 
 1 — 
 
 
 
 
 
 
 
 
 — 
 
 — • 
 
 
 
 
 
 
 
 
 
 1 
 j 
 
 IB 
 
 9\- 
 
 
 
 
 / 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 / 
 
 \\ 
 
 
 
 
 
 
 -— «■ 
 
 — 
 
 — 
 
 -- , 
 
 — 
 
 
 
 __ 
 
 
 
 
 
 
 
 
 — ;i 
 
 « 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ''^ 
 
 
 
 
 
 9 
 D 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ' 
 
 
 
 / 
 
 £ 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 v. 
 
 
 
 / 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 J 
 
 
 
 '' 
 
 
 i • 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ^i r 
 
 
 1 
 
 
 ^ i g 
 
 i^ t 
 
 i ^ 
 
 1 s i g § 8 1 a g § « 
 
 [For explanation, sec (he opposite par/e.) 
 
 To face pnijr l-il.
 
 CONCLUSION. 
 
 181 
 
 seeing we know nothing about the system upon which 
 the figures have been collected. The only satisfactory 
 thing is to compare the figures for different years of 
 any one country. This has been done, and the results 
 can easily be seen from the diagram opposite.* 
 The following table indicates the meaning of the lines 
 and letters used. 
 
 Country. 
 
 Initial. 
 
 Line. 
 
 United Kingdom 
 
 United States 
 
 France . - . . 
 
 Germany ... - 
 
 U.K. 
 U.S. 
 F. 
 G. 
 
 
 — .—.—.—.—. 
 
 
 Nothing is clearer in this diagram than the great 
 growth of industrial peace in the United Kingdom 
 during recent years, and it would appear that 
 the year 1904 has been more free from strikes and 
 lockouts than any of its predecessors. f It is equally 
 clear, that no other great industrial country can 
 
 * The figures used are the official ones, (for the United 
 States the number of lockouts being added to the number 
 of strikes), except in the case of Germany for the years 1892- 
 1898, where the figures used are those quoted by R. della 
 Volta in L'Arbitrato degli Scioperi, Giornale degli Econom- 
 isti, June, 1903. These figures are practically identical with 
 those given in Conrad and Lexis, " Handworterbuch der 
 Staatswissenschaften " (second edition, 1898), vol. i, page 
 768, except that the dictionary gives no figures for 1898. 
 
 t This is best seen by comparing the statistics for 1£03 with 
 the preliminary figures from the Labour Gazette for 1904 : — 
 No. of Strikes Workpeople Days 
 
 and Lockouts. affected, lost. 
 
 1903 387 116,901 2,338,668 
 
 1904 334 83,922 1,416,265
 
 182 CONCILIATION AND ARHITRAnON. 
 
 ><:: 
 
 Ok 
 
 •^ ;5 "^ 
 
 «»< (V* ^ 
 
 '^^^ 
 tdOr: 
 
 •— ' o 
 CCH 
 
 h3 cc <I 
 
 
 OS — 
 
 SI X i.C 00 
 
 s 
 
 35 t^ CO -< X 
 
 CD 
 
 CO 
 
 X r- 
 
 •* — -o 15 
 
 •»»> -^ «5 X CO X 
 
 ■* 
 
 o 
 
 X c 
 
 
 r 
 
 I- 1- I.C Ot 
 
 r- 
 
 * 
 
 
 
 
 
 
 
 CI -r 
 
 5 "" CJ 
 
 CI 
 
 Oj ""^ 
 
 CO 
 
 ^* 
 
 •J 
 
 CO 
 
 
 
 
 I'' 
 
 
 X 
 
 
 
 
 •f CS 
 C CO 
 
 5 '" 5 
 X — • 
 
 1- 
 
 1 - « X 5 -- 
 
 OJ 
 
 
 lC 
 
 01 
 
 ^ 
 
 C «3 
 
 X r: X 
 
 *-C 
 
 •0 1 - I - r- X 
 
 t- 
 
 
 
 
 
 
 
 O »»• 
 
 1"' - 
 
 t- 
 
 -f -»" — 
 
 Cl 
 
 ^1^ 
 
 — '«• 
 
 I 
 
 
 m^ 
 
 
 t- 
 
 
 X 
 
 -^ 
 
 
 
 O »>) 
 
 X if^ to CO 
 CI CI r- •- 
 
 CO 
 
 XX X CO CO CO 
 
 CO 
 
 • 
 
 CJ I- 
 
 1- 
 
 XI- X 1- CO s. 
 
 t? 
 
 i 
 
 o_o 
 
 ».'; i ■* t- 
 
 '". 
 
 -0 t2_^ O S:_^ — 
 
 
 
 
 
 
 ■^'lO 
 
 CI M — 
 
 l.C 
 
 f^ 
 
 ■^' CI-<*— *co* 
 
 '^ 
 
 — ■ 
 
 eo -M 
 
 
 
 ^^ 
 
 
 t- 
 
 
 St 
 
 
 
 
 ;^i 
 
 1 A. I-. .*^ 
 
 CJ 
 
 X 1- Tt 1- to X 
 
 9 
 
 ■ 
 
 X 05 =5 — 
 
 to 
 
 f -f Q S« X 1- 
 
 2 
 
 CI J5 
 
 M CO C3 00 
 
 X 
 
 CO -J. * -o -r 
 
 5 
 
 
 
 
 
 
 
 $ 
 
 «■! « 
 
 CO C5 t- 01 
 
 i 
 
 » — ^ — * ^^ CO 
 
 •t 
 
 
 ;d O 
 
 C< 00 
 
 — CO 
 
 >a 
 
 
 r» 
 
 
 
 
 
 
 C-l Cl 
 
 >-: X -- 
 
 "o" 
 
 © to — Si -0 — 
 
 CO 
 
 
 -fl o 
 
 « X -o eo 
 
 
 CI CI s; to CO CO 
 
 t- 
 
 ai 
 
 rf 1- 
 
 — CI C to 
 
 
 XX t C0_ — tO^ 
 
 CI 
 
 
 
 
 
 
 
 y: 
 
 3S 
 
 — C ec 
 
 I.C CO f 
 
 -t 
 
 — i-fcT CO 
 
 CI 
 
 CO 
 
 
 o 
 
 — CI 
 
 ~ 
 
 
 
 — 
 
 
 
 
 
 
 1(5 X 
 
 « c: -*■ 
 — Oi r^ 
 
 -r 
 
 r~ ci S5 — 
 
 LO 
 
 00 
 
 O a 
 
 CO 
 
 CI to UC 1' S5 -.x 
 
 ffC 
 
 — Tl 
 
 cs o-^ic e«5^ 
 
 
 to to__ to_^ s-^ s; — 
 
 c 
 
 
 
 
 
 
 2 
 
 ei CO 
 
 C* L-f -^ to' 
 
 CO 
 
 CI t-^ 'J'* cf CO* 
 
 
 
 to f 
 
 -" CO 
 
 to 
 
 — CI 
 
 s 
 
 
 o 
 
 CI 
 
 
 
 
 
 S-. C5 
 
 to X r- -* 
 
 ^ 
 
 c c; to t- CI to 
 
 ^ 
 
 
 to to 
 
 ^^ ^ re ^^ 
 
 -^ 
 
 I* ci -r C; C c 
 
 
 X — 
 
 to r- •>!»• t 
 
 CI 
 
 CO T»< to -O LC 1- 
 
 ci 
 
 
 
 
 
 
 X 
 
 f X 
 
 t- to LC 
 
 so" 
 
 X ci X CI — 
 
 ■^ 
 
 1— H 
 
 r- r»< 
 
 X CO 
 
 •-C 
 
 
 ■»r 
 
 
 01 
 
 
 ^■^ 
 
 
 
 
 C/i ".x 
 
 C -C — I- 
 
 CO 
 
 X — — 01 .-0 CI 
 
 c 
 
 ,*.' 
 
 c c 
 
 ^* ^ » "^r 
 
 
 CO CO CO r: ~; -T 
 
 1- 
 
 ;^ 
 
 t^ fM 
 
 X co^ -o^ -i 
 
 
 
 t- 
 
 
 
 
 
 
 
 a: 
 
 r- — 
 
 to'c^Ol 
 
 
 — iC X CI t 
 
 ci- 
 
 ^ 
 
 L- O 
 
 'f CO 
 
 *c 
 
 
 te 
 
 
 CI 
 
 CI 
 
 
 
 
 
 • ■ 
 
 ^ . , , , 
 
 • 
 
 . . ^ . 1 . , 
 
 • 
 
 
 . t=f 
 
 ^. . .J 
 
 
 ■ ^^. ■ • . 
 
 
 
 c 
 
 
 
 .-. c 
 
 
 
 '- b 
 
 ^ t 
 
 C 5 
 
 
 ? t •/: 
 
 
 
 ••as 
 
 
 "3 
 
 •• ^ ^ K ~ t^ ~ ° 
 ^ .= tc X 0-^ =: :5 
 
 Q 
 
 
 
 
 i •^ .£ -^s -r -^ := s 
 ^- ^ .= ^ ^^ 1 t .i 
 5 « ^ S H S 
 
 
 
 ^ 
 
 
 
 < 

 
 CONCLUSION. 
 
 183 
 
 claim to be in a position comparable with that of 
 the United Kingdom. 
 
 We are enabled to study the industrial situation 
 of our own country more closely than the diagram 
 permits, thanks to certain statistics published annu- 
 ally by the Board of Trade since the middle of the 
 " nineties." We have already noticed that wages 
 questions are the principal cause of industrial dis- 
 putes. On the opposite page a table will be found, 
 showing the number of individuals affected by 
 changes in rates of wages, without and after strikes 
 respectively. The following figures briefly sum- 
 marise this table, and all comment is unnecessary : — 
 
 
 Percentage of Workpeople affected by Changes in 
 
 
 Rates of Wages arranged 
 
 Year. 
 
 
 
 Without Stoppage. 
 
 After Stoppage. 
 
 1896 
 
 89-7 
 
 10-3 
 
 1807 
 
 92-6 
 
 7-4 
 
 1898 
 
 94-9 
 
 51 
 
 1899 
 
 97-1 
 
 2-9 
 
 1900 
 
 95-2 
 
 4-8 
 
 1901 
 
 98-4 
 
 1-6 
 
 1902 
 
 98-6 
 
 1-4 
 
 1903 
 
 98 -.5 
 
 1-.5 
 
 Alterations of the hours of labour are a minor 
 cause of strikes and on page 184 a table is given, 
 showing how far these are affected by peaceful 
 methods. 
 
 No further proof of the growth of industrial peace 
 in the United Kingdom is necessary, and it now 
 remains for us to consider to what this desirable
 
 184 CONCILIATION AND ARHITRATION. 
 
 
 C^ 
 
 -" 00 o « 
 
 I- 
 
 o 
 
 
 o 
 
 
 o 
 
 O "O M — 
 
 S 
 
 ■^ 
 
 
 '^ 
 
 « *— *. 
 
 wi 
 
 ?0 03 1 1 f;^ 
 
 •^1 II 
 
 1 1 
 
 •^ 
 
 \<'A 
 
 
 -H 1* 
 
 t-^ 
 
 
 
 
 aw 
 
 
 
 
 
 
 
 t', 
 
 
 
 
 
 
 
 
 
 
 -J 
 
 C5 « CI 
 
 X r> n 
 
 CI 
 
 eo 
 
 a'. 
 
 * 
 
 
 
 
 jj 
 
 of t- ■* 
 
 -t 
 
 c'r"" ' 
 
 
 
 -J a 
 
 — 
 
 O 
 
 c 
 
 
 
 
 '^'A 
 
 
 ^ 1 
 
 _■ 
 
 
 
 
 ^< 
 
 
 — • — 
 
 
 
 '■''''■* 
 
 
 
 
 ■~~~ 
 
 
 
 
 
 
 >.^ rs -71 lo c -t 
 
 1^ 
 
 ■^ ro o 
 
 Cl CI 
 
 ^4 
 
 g'^* 
 
 ', 
 
 « -, o -^ -^ t~ 
 
 ,— ' 
 
 » "t* ^-« 
 
 — f 
 
 t- 
 
 <-,. 
 
 ^. •-= o — — 
 
 I* 
 
 >C_^t Cl 1 
 
 i-C 
 
 r^ 
 
 W P * 
 
 
 
 
 
 
 
 H 'J rt 
 
 z^ 
 
 *i 
 
 ^1 
 
 — 
 
 
 '^' 
 
 ^-n o 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 -^ c ;:: r. -c :^ 
 
 o 
 
 iC ~ '-O 
 
 LC 
 
 1 .- 
 
 
 ^ 
 
 -t ^ — f- c o 
 
 ^ 
 
 ii I- i~ 
 
 t^ 
 
 1 '■^ 
 
 THE 
 
 Y SI 
 , 189 
 
 i 
 
 '•1 ^. "t, '^. -I 
 CI — 
 
 -t" 
 
 LC Cl re 1 
 
 1 X 
 
 1 o 
 1 
 
 2>D 
 
 
 
 
 
 
 
 
 Cl « O X 't Cl 
 
 05 
 
 -. lO 
 
 05 I.C 
 
 o 
 
 •-< ■% ^ 
 
 ^ 
 
 •-CO t~ _ -t -t 
 
 C5 
 
 O -' 
 
 
 lO 
 
 RKPEOPLE 
 RERS, RAII 
 RS OF LAB( 
 
 ^ 
 
 '^ -I "^1 ■" "". *. 
 
 tc^ 
 
 t-X II 
 
 5 M 
 
 Cl 
 
 
 
 
 
 
 
 X 
 
 I-—" t- cfo" 
 
 ci 
 
 cf — 
 
 "* 
 
 1 '=■' 
 
 
 
 
 
 
 1 
 
 
 tc o — . c. 00 
 
 o 
 
 O O — ' c^ 
 
 o 
 
 lo 
 
 X 
 
 — I-' GO 1 l-C 'M 
 
 g 
 
 ;; 
 
 ■c -o X ■* 
 
 Cl 
 
 1 l-'i 
 
 
 
 
 
 
 
 
 1 
 
 
 an -f M r- 
 
 
 
 Cl cs o 
 
 CD 
 
 u 
 
 c^-<y 
 
 3i 
 
 t^ !M in t- 00 
 
 
 01 o 
 
 t- 
 
 
 lO — t^ !>> 1 "-'^^ 
 
 M 
 
 CO lO 1 
 
 1 -* 
 
 1 M 
 
 o*-a 
 
 X 
 
 co" t-^ cT 
 
 — CI C) 
 
 
 cf cf 
 
 " 
 
 1 « 
 
 NUMBER 
 ;ULTURAL 
 NOES IN T 
 
 
 
 
 
 
 1 
 
 
 uc O X o — o 
 
 -t 
 
 m "* '^ "5 
 
 o 
 
 t- 
 
 X 
 
 CI O t^ CO CI CI 
 
 t^ 
 
 o t- —a 
 
 o 
 
 a> 
 
 -f o cf -o 
 
 CI 
 
 O -- Cl 
 
 x* -*" 
 
 1 Ci 
 
 o_ 
 
 
 tc -^ 
 
 1 ^- 
 
 ^ 
 
 
 1^ 
 
 S^^ 
 
 
 
 
 ' 1 • 
 
 J J 
 
 1 
 
 WcSa 
 
 
 2 
 
 
 "^3 
 
 
 
 HOO 
 
 
 s 
 
 
 ^. 5 
 
 
 
 
 
 ■ tc , , . . 
 
 • 
 
 to " 
 1'^ 
 
 • ■ 
 
 • 
 
 TABLE SHOWI 
 CLUSIVE 
 AFFECTED 
 
 
 •r is O I • aj • 
 
 :^ i: 3 1 2 1^1 
 
 "3 
 "o 
 H 
 
 jc 5 o ' ■ 
 
 .. ^ — =f-5 ^ 
 d if ~ ^ - 
 
 »^ 2 ■- "^ ;5 '-S 
 
 75 
 
 £: O 
 
 "5 
 
 o 
 
 Eh 
 
 
 ^ tc 5 _! ^ tp J 
 
 3 is -S;* lis 11 
 
 
 6^ 
 
 
 
 
 ^ 
 
 
 < 
 

 
 CONCLUSION. 
 
 185
 
 186 CONCILIATION AND ARBITRATION. 
 
 state of affairs must be attributed. There cannot 
 be the least doubt, that it is due to the excellent 
 private systems of collective bargaining, conciliation 
 and arbitration established in the United Kingdom. 
 This will be clearly seen from the table on page 185, 
 where the steady increase in the organised methods 
 of arranging changes in wages, as compared with the 
 unorganised methods, and the great growth in the 
 activity of trade boards in particular, are strikingly 
 revealed. 
 
 Throughout this essay, past and present attempts 
 to encourage industrial peace by means of 
 conciliation and arbitration have been under discus- 
 sion. In conclusion, one word may be said as to the 
 future. There can be no doubt, that in economics, 
 what is true of one generation, is not necessarily 
 true of the next, so that it is all the more remark- 
 able, that words written over twenty years ago can 
 be quoted to-day and are as correct as when first 
 written. No one was better fitted to speak on in- 
 dustrial and social problems than the late Arnold 
 Toynbee, from whom the following passage is 
 quoted : * 
 
 " We should do all that lies in us to establish Boards 
 of Conciliation in every trade, when the circumstances — 
 economic or moral — are not entirely unfavourable. I 
 know it is not easy to form tliem and difficult to maintain 
 them. But notwithstanding failures and obstacles, I 
 
 ♦ Industry and Democracy, pubb'shed in his Industrial 
 Revolution, p. 201.
 
 CONCLUSION. 187 
 
 believe these boards will last and more than that, I 
 believe that they have in them the possibilities of a great 
 future ... I may point out that Boards of Conciliation 
 may grow into permanent councils of employers and 
 workmen, which — thrusting into the background, but not 
 superseding Trade Unions and Masters' Associations — 
 should, in the hght of the principles of social and in- 
 dustrial science deal with those great problems of the 
 fluctuations of wages, of over-production and the regu- 
 lation of trade, which workmen and employers together 
 alone must settle. However remote such a consum- 
 mation may appear — and to many it must seem remote 
 indeed — of this I am convinced, that it is no dream, but 
 a reasonable hope, born of patient and historical survey 
 and sober faith in man's high nature. And it is reason- 
 able above all in England, where, owing to a contin- 
 uous, unbroken history, some sentiment of mutual obli- 
 gation between classes survives the dissolution of the 
 ancient social system," 
 
 The bright future Arnold Toynbee foresaw for 
 England twenty years ago, is already being fulfilled. 
 Everything points to the growth of good feeling 
 between employers and workmen. " The era of great 
 strikes and lockouts, notwithstanding some of the 
 severest conflicts which have occurred, have taken 
 place recently, is really passing away, and I believe 
 that the rule of reason is asserting itself. When this 
 rule shall hold sway more completely, capital and 
 labour will learn that their interests are not identical 
 and are not antagonistic,but that they are reciprocal. 
 When this is learned it will be more fully understood, 
 that voluntary conciliation in industrial matters is 
 one of the highest and broadest features of co-opera- 
 tion, and at the same time one of the simplest methods
 
 188 rONriTJATTOX AND ARHTTT^ ATTO\. 
 
 for restoring harmony, when conflict is threatened, 
 or even whore it already exists." * 
 
 How loiif^ it will take of her great industrial countries 
 to reach a position even as satisfactory as that at 
 present enjoyed by the United Kingdom, it is impos- 
 sible to say. The road to peace is through war and 
 no panacea for industrial disputes can be found, but 
 it is possible to do much by building up and consolidat- 
 ing a voluntary system of conriliation and arbi- 
 tration, in which trade boarils are given the first 
 place. Absolute industrial peace is impossible, as 
 long as the problem of distribution remains what it 
 is to-day, but there is no reason to believe that indus- 
 trial warfare cannot be reduced to a minimum* 
 which lies far below that at present achieved. The 
 number of strikes and lockouts may increase for a 
 time, until employers and employees have learnt to 
 understand the problems of industry better than they 
 do at present ; but given a good system of voluntary 
 conciliation and arbitration, the prospects of a relative 
 industrial peace in the future, if not brilliant, are at 
 least bright and hopeful. 
 
 * The passage in inverted commas is quoted from C. D. 
 Wright, Forum, May, 1893.
 
 APPENDIX I. 189 
 
 APPENDIX I. 
 
 Mote to Section 6 of tjie Industrial Concilia- 
 tion AND Arbitration Amendment Act 1903 (see 
 footnote, p. 159). 
 
 Wishing to understand, what the above section really 
 involved, I communicated with the Hon. W. P. Reeves 
 on the subject. The following was the question to which 
 I desired an answer : — 
 
 '■ Would an employer, dismissing a workman, who 
 in his opinion is incapable of earning a new minimum 
 wage imposed by the Court of Arbitration, or suspending 
 such a workman till a certificate of incompetency is 
 obtained, have committed a breach of the award and be 
 liable accordingly under Section G of the Amendment 
 Act of 1903 ? The particular case I am thinking of 
 is the one referred to on page v. of the Report of the 
 Department of Labour for 1903. There the president 
 laid down, that an individual employer is competent to 
 dismiss his workmen, although concerted action would 
 constitute a lockout. The Report expresses the 
 opinion that an amendment of the Act is desirable in the 
 direction of preventing a worker at minimum wage being 
 deprived of the advantage of a rise awarded by the 
 Court. Had this section been in existence when the so- 
 called ' lockout in Auckland ' occurred, would the action 
 of the employers have been a breach of the award ? " 
 In reply Mr- Reeves kindly wrote to me as follows : 
 " The right of an employer to dismiss an incompetent 
 workman is clear, and if the alleged cause is the true 
 cause — has never been doubted or contested."
 
 190 APPENDIX I. 
 
 ** Your view of the action of the Auckland employers 
 will depend upon whether you believe their assertion, 
 that their simultaneous dismissal of some sixty work- 
 men was not a concerted attempt to defeat an award." 
 
 " Of course, whenever wages arc put up by an award, 
 an anpry employer may assert that his workmen are not 
 competent to earn fairly the higher wage. But that 
 would not make them incompetent workmen in the eyes 
 of a suitable judge. An employer must have a boria 
 fide reason for alleging personal incompetence. Then 
 he may dismi.ss. There is no doubt that a good many 
 inferior wt^rkmen have been (juietly shelved, man by 
 man, ami nothing said. But such men have usually 
 been taken on again or engaged by other employers. 
 Some of them have had to change their occupation." 
 
 APPENDIX 11 
 
 WAGES AND PRICES IN NEW ZEALAND, lbU2 AND l'JO'2. 
 
 Althouijh the flgiiros quoted below from the New 
 Zealand Otlirial Year-I^ooks, iSy.J and 1903, are by no 
 means complete, they show the great increase in tlie 
 cost of living due largely if not entirely to the generol 
 rise in wages occasioned by the working of the Industrial 
 Conciliation and Arbitration Acts. Quite recently the 
 New Zealand Labour Department issued a short report 
 comparing the price of certain commodities in 1893 and 
 1903. In some ways it supplements the information 
 contained in the New Zealand Official Year Books. 
 House rent (Wellington) rose 25 per cent, from 1893 to 
 1903, and over the same period the price of men's clothes 
 (to order) increased 16 per cent. The other figures in 
 the Report confirm those quoted below. 
 
 [A short notice of the Report will be found in the 
 Labour (Jazette, August 1904.]
 
 APPENDIX 11. 
 
 191 
 
 
 
 ^^ 
 
 >. 
 
 
 «s 
 
 « 
 
 
 «e 
 
 
 
 
 M 
 
 
 ■M 
 
 ■> 
 
 
 
 <s 
 
 o 
 
 
 ~>. 
 
 
 •~^ 
 
 o 
 
 
 
 — 
 
 
 
 oj 
 
 
 C4 
 
 7 
 
 rl 
 
 ''^^ 
 
 o 
 
 o 
 
 00 
 
 tH 
 
 <e 
 
 >> 
 
 © 
 
 o 
 
 fe 
 
 o 
 fc 
 
 US 
 
 X 
 
 O 
 
 
 1 
 
 d 
 
 
 
 1 
 
 r 
 
 ^^ 
 
 03 
 
 IH 
 
 t<L 
 
 1 
 
 a 
 
 6 
 
 a> 
 
 o 
 
 ^ 
 
 
 1 
 
 ' — 
 
 1 
 
 i^ 
 
 ^ 
 
 00 
 
 ■d 
 
 ^ 
 
 kl 
 
 ki 
 
 :s- 
 
 
 tH 
 
 '^ 
 
 
 o 
 
 00 
 
 
 1-1 
 
 
 
 oo 
 
 a. 
 
 m 
 
 i 
 
 ^ 
 
 1 
 
 <-< 
 
 >^ 
 
 ^ 
 
 
 ^» 
 
 ^ 
 
 
 ~^ 
 
 >> 
 
 5- 
 
 1 
 
 >. 
 
 ^ 
 
 •~-^ 
 
 
 "^ 
 
 
 O 
 ^ 
 
 
 a> 
 
 o> 
 
 1 
 
 «^ 
 
 iH 
 
 O, 
 
 a 
 
 
 to 
 
 kt 
 
 £> 
 
 o> 
 
 
 <D 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ■^ 
 
 >^ 
 
 ^v 
 
 
 
 
 
 
 
 ^ 
 
 
 ~^ 
 
 
 ^^ 
 
 
 § 
 
 d 
 
 •* 
 
 •W 
 
 ^, 
 
 ~v. 
 
 ^^ 
 
 v^ 
 
 
 
 o 
 
 
 © 
 
 ^ 
 
 o 
 
 
 
 
 
 OJ 
 
 (N 
 
 o 
 
 
 
 >, 
 
 rH 
 
 ,M 
 
 •«* 
 
 o 
 
 to 
 
 
 1 
 
 1 
 
 1 
 
 
 i-( 
 
 
 1-1 
 
 ^ 
 
 ce 
 
 1 
 
 a> 
 
 1 
 
 o 
 
 1 
 
 a 
 
 ~^ 
 
 — 
 
 ^^ 
 
 1 
 
 1 
 
 
 1 
 
 O 
 
 •5 
 
 00 
 
 £ 
 
 ■~-» 
 
 & 
 
 ~> 
 
 s 
 
 O 
 
 © 
 
 © 
 
 ^^ 
 
 ^x 
 
 — . 
 
 ■^ 
 
 
 
 ^^ 
 
 ^ 
 
 lO 
 
 o 
 
 
 
 
 
 O) 
 
 a> 
 
 t> 
 
 00 
 
 
 
 to 
 
 
 d 
 
 
 ■«»l 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ^ 
 
 ^'N 
 
 
 
 
 
 ^^ 
 
 
 > 
 
 "3 
 
 a 
 
 00 
 
 ^, 
 
 •^ 
 
 "-^ 
 
 -^ 
 
 ~^ 
 
 o 
 
 o 
 
 
 
 
 
 \a 
 
 
 o 
 
 ^ 
 
 d 
 
 Cvl 
 
 ei 
 
 © 
 
 © 
 
 iH 
 
 
 ^^ 
 
 u 
 
 ■^ 
 
 hi 
 
 *? 
 
 kl 
 
 lA 
 
 iH 
 
 
 
 
 
 1 
 
 1 
 
 © 
 
 <u 
 
 o 
 
 (B 
 
 1 
 
 o 
 
 1 
 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 tc 
 
 «> 
 
 
 B. 
 
 
 O. 
 
 ■> 
 
 c 
 
 > 
 
 
 
 
 ^v 
 
 
 ■^ 
 
 ^^ 
 
 "N^ 
 
 ■^ 
 
 
 
 
 
 lO 
 
 
 o 
 
 
 
 O 
 
 a 
 
 » 
 
 00 
 
 00 
 
 r- 
 
 t» 
 
 
 
 
 
 •^ 
 
 
 CO 
 
 
 
 ~^ 
 
 
 ■v. 
 
 
 
 « 
 
 
 
 >> 
 
 13 
 
 ~ 
 
 
 ■^ 
 
 
 i- 
 
 
 ei 
 
 •* 
 
 ■>*< 
 
 •* 
 
 ->^ 
 
 -V, 
 
 
 ^ 
 
 
 lO 
 
 
 o 
 
 
 © 
 
 >> 
 
 § 
 
 ']* 
 
 ft 
 1 
 
 1 
 
 © 
 
 IH 
 
 <N 
 
 ^ 
 
 © 
 
 1 
 
 1 
 
 .M 
 
 1 
 
 ^ 
 
 1 
 
 08 
 
 IH 
 
 ^^ 
 
 ■^ 
 
 
 1 
 
 1 
 
 to 
 
 1 
 
 1 
 
 U4 
 
 00 
 
 s 
 
 -^ 
 
 
 >. 
 
 n 
 
 
 
 M 
 
 IH 
 
 ^^ 
 
 ^^ 
 
 -.» 
 
 •^ 
 
 
 
 ->. 
 
 o 
 
 lO 
 
 4> 
 
 © 
 
 
 
 "^ 
 
 •^ 
 
 rH 
 
 00 
 
 00 
 
 i~ 
 
 00 
 
 
 C. 
 
 to 
 
 * 
 
 IM 
 
 s 
 
 ■w 
 
 
 ~^ 
 
 
 
 
 
 
 
 
 o 
 
 ^v 
 
 
 ' — 
 
 
 
 
 M 
 
 N 
 
 
 
 
 
 ^-, 
 
 ^^ 
 
 
 o 
 
 
 © 
 
 
 
 a> 
 
 
 *^ 
 
 ^ 
 
 
 ~^ 
 
 00 
 
 o 
 
 
 to 
 
 kl 
 
 m 
 
 M 
 
 
 00 
 
 1 
 
 ©^ 
 
 (N 
 
 a> 
 
 00 
 
 
 
 1 
 
 S: 
 
 1 
 
 e 
 
 1 
 
 « 
 
 d 
 
 n 
 
 
 ~>, 
 
 rH 
 
 
 
 
 ~^ 
 
 1 
 
 1 
 
 :> 
 
 a. 
 
 ^ 
 
 Q- 
 
 '« 
 
 
 
 © 
 
 
 
 
 
 <o 
 
 ^^ 
 
 
 ft4 
 
 © 
 
 
 00 
 
 
 
 
 
 
 
 
 
 
 
 00 
 
 
 p. 
 
 •««> 
 
 
 1-1 
 
 
 
 
 
 ^ 
 
 ■-^ 
 
 
 <o 
 
 — . 
 
 
 
 ~^ 
 
 
 
 a 
 
 ^ 
 
 M 
 
 ^, 
 
 
 M 
 
 
 ■**• 
 
 •v. 
 
 ■V, 
 
 (N 
 
 ■^ 
 
 ' — 
 
 © 
 
 
 "^ 
 
 o 
 
 r^ 
 
 o 
 
 o 
 
 
 O 
 
 
 
 ■* 
 
 
 
 00 
 
 © 
 
 r-l 
 
 >. 
 
 o 
 
 1 
 
 N 
 
 © 
 
 ^ 
 
 to 
 
 
 Od 
 
 1 
 
 1 
 
 I-< 
 
 
 1 
 
 1 
 
 
 1 
 
 03 
 
 
 1 
 
 1 
 
 
 iH 
 
 ~^ 
 
 •^ 
 
 1 
 
 1 
 
 « 
 
 <e 
 
 1 
 
 (O 
 
 ■d 
 
 
 u 
 
 ~> 
 
 u 
 
 •^ 
 
 "2 
 
 
 © 
 
 o 
 
 -^ 
 
 — 
 
 ^, 
 
 ^s. 
 
 ■>«. 
 
 ^, 
 
 
 ^ 
 
 (M 
 
 © 
 
 
 
 IH 
 
 1-4 
 
 o 
 
 a> 
 
 t- 
 
 t» 
 
 a 
 
 r» 
 
 
 00 
 
 A 
 
 iH 
 
 p. 
 
 o 
 
 M 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 «» 
 
 
 
 
 
 
 to 
 
 >, 
 
 to 
 
 3 
 
 N 
 
 \ 
 
 -\ 
 
 ■^ 
 
 :> 
 
 
 ■^ 
 
 ^-s 
 
 ^ 
 
 
 > 
 
 >> 
 
 ^ 
 
 C8 
 
 ::> 
 
 •«i 
 
 at 
 
 O 
 
 00 
 
 CO 
 
 00 
 
 ^s 
 
 t- 
 
 t>. 
 
 00 
 
 b 
 
 00 
 
 eS 
 
 ^ 
 
 •a 
 
 t7 
 
 00 
 
 rH 
 
 1 
 
 1 
 
 1 
 
 00 
 
 1 
 
 1 
 
 1 
 
 o 
 
 1 
 
 •O 
 
 1 
 
 1 
 
 
 
 1 
 
 ^^ 
 
 ^^ 
 
 -V, 
 
 
 -^ 
 
 ^ 
 
 ^ 
 
 c 
 
 > 
 
 
 ^-> 
 
 kl 
 
 > 
 
 
 
 00 
 
 t^ 
 
 t~ 
 
 «D 
 
 
 <D 
 
 U3 
 
 c- 
 
 
 to 
 
 c. 
 
 " 
 
 p. 
 
 to 
 
 
 
 ^^ 
 
 
 
 
 
 
 
 
 
 •c 
 
 
 
 
 
 
 
 £^ 
 
 
 
 
 
 
 
 
 
 t-> 
 
 
 
 
 
 
 
 a 
 
 
 
 
 
 
 
 
 
 03 
 
 
 
 
 
 
 
 o 
 
 
 
 
 
 
 
 
 
 O 
 
 
 
 
 
 
 • 
 
 .a 
 
 
 
 
 
 
 
 
 
 .2 
 
 
 
 
 
 
 i 
 
 3 
 
 
 
 
 
 
 
 
 
 3 
 
 
 
 
 
 
 1 
 
 5 
 
 : 
 
 : 
 
 : 
 
 5 
 
 : 
 
 : 
 
 : 
 
 
 M 
 
 
 : 
 
 
 : 
 
 
 f 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 ^^ 
 
 % 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 o 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 a 
 o 
 
 T3 
 
 : 
 
 : 
 
 : 
 
 : 
 
 I 
 
 : 
 
 s 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 O) 
 
 >- 
 
 « 
 
 « 
 
 . 
 
 .^ 
 
 <^ 
 
 * 
 
 . 
 
 
 
 
 
 
 
 
 ■c 
 
 O. 
 
 * 
 
 " 
 
 " 
 
 * 
 
 DO 
 
 " 
 
 " 
 
 
 
 
 
 
 
 
 
 o 
 
 2 
 £ 
 
 -i 
 5 
 
 
 E 
 
 a 
 
 S 
 
 o 
 
 a 
 
 o 
 a 
 
 S 
 o 
 
 a. 
 o 
 
 E 
 
 1 
 
 
 s 
 
 
 o 
 "5 
 
 
 05 
 
 3 
 
 
 
 s 
 
 " 
 
 K 
 
 o 
 
 
 S 
 
 ^ 
 
 s 
 
 
 
 
 H 
 
 
 cq
 
 APPENDIX II, 
 
 i 
 
 i 
 
 
 CO 
 
 
 > 
 
 
 
 
 ! 
 
 
 
 
 3 
 
 
 
 
 
 
 « 
 
 r» 
 
 
 CO 
 
 « 
 
 <0 
 
 s s 
 
 u 
 
 1 
 
 
 ~v 
 
 •^ 
 
 ^ 
 
 >•> 
 
 
 >* 
 
 
 •^ 
 
 ^ 
 
 8i 
 
 1 
 5p 
 
 i 
 
 
 
 i. 
 
 
 «0 
 
 'J* 
 
 a 
 J 
 
 CO 
 
 1 
 
 1 
 
 ? 
 
 ^ 
 
 
 1 
 
 Ok 
 
 
 
 
 « 
 
 > 
 
 Ok 
 
 > 
 
 CO 
 
 CO 
 
 > 
 
 
 
 ^ 
 
 ^ 
 
 II 
 
 si 
 
 c4 
 
 s 
 
 
 X 
 
 > 
 
 « 
 > 
 
 
 « 
 
 o 
 <*> 
 
 o 
 
 1 
 
 1 
 
 
 ^ 2 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 s: 
 
 to 
 
 « 
 
 •♦ 
 
 ^ 
 
 — 
 
 > 
 
 r- 
 
 e 
 
 ^^ 
 
 i 
 
 ^, ^, 
 
 
 s 
 
 
 ^ 
 
 
 ~^ 
 
 ■~^ 
 
 
 ■^ 
 
 •~^ 
 
 
 s s 
 
 ■o 
 
 S 
 
 
 oo 
 
 
 
 
 o 
 1 
 
 CO 
 
 > 
 
 o 
 
 
 ■a 
 
 1 
 
 
 :S 
 
 
 o- 
 
 ">» 
 
 ■«^ 
 
 ^ 
 
 
 ^ 
 
 
 -N. 
 
 ^ 
 
 Si 
 
 s s 
 
 
 
 
 
 
 
 
 
 
 
 
 
 a 
 •< 
 
 00 
 
 <3> 
 
 
 c 
 
 ■~s 
 
 --V 
 
 
 o 
 
 ^ 
 
 
 if 
 
 ^ 
 
 '- 00 
 
 
 
 i 
 
 
 
 
 
 
 
 
 
 
 
 
 
 e> 
 
 
 
 
 
 A 
 
 . 
 
 , 
 
 
 
 
 
 
 ■A 
 
 
 
 
 
 
 
 
 
 
 
 
 o 
 
 ~ 
 
 
 
 
 
 
 - 
 
 . 
 
 S 
 
 
 •6 
 
 
 m 
 
 
 
 
 
 
 
 
 
 y 
 
 
 a 
 
 
 8 
 
 J3 
 
 
 
 
 
 
 
 
 Q. 
 
 
 •2 I 
 
 
 3 
 
 1 
 
 o 
 
 2 "^ 
 s ^ 
 
 c 
 
 t 
 
 a 
 P 
 
 = 
 
 £ 
 
 
 
 i3 
 
 i 
 
 £ 
 a 
 
 
 
 
 3 
 
 o 
 
 a 
 
 IS 
 
 § 
 
 a 
 
 
 k 
 
 ^ 
 
 
 C3 
 
 s 
 
 3 
 
 
 "3 
 
 £ 1 
 
 
 
 Cb 
 
 a 
 
 pa 
 
 
 
 a 
 
 C 
 
 S5 
 
 il 
 
 y 
 
 Cb n
 
 APPENDIX III. 193 
 
 APPENDIX III. 
 
 Letter of Mr. F. G. Ewington, of Auckland, to 
 THE Auckland Star. 
 
 Compulsory Conciliation and Arbitration. 
 
 [From the " Auckland Star" Thursday, May 16, 1901.] 
 
 (To the Editor.) 
 
 Sir, — In last night's issue " Earnest Hope," blushing 
 behind a mask, asked me why I am opposed to compul- 
 sory arbitration. 
 
 I leply : First, because our New Zealand Act is in- 
 herently unjust in giving preference of labour to trade 
 unionists, making non-unionists, who are hable to be 
 called on to lay down their lives in defence of the 
 colony, and who pay taxes, equally with unionists, stand 
 cap-in-hand like beggars behind unionists in the labour 
 niarkei, and making employers criminals, unless they 
 employ particular men. It is as wrong to compel masters 
 to employ particular men as to compel men to work for 
 particular masters, which is slavery. 
 
 Secondly, I object because of the harm the Act has 
 done, is doing, and will do. It has set class against class, 
 e.g., unionist against non-unionist, master against 
 servant, and servant against master, and has been used 
 as an instrument of political tyranny and industrial 
 and social persecution. It has forced up nominal wages, 
 and lowered real wages, scared capital, restricted in- 
 dustrial enterprise, induced a larger resort to machinery 
 and the consequent dispensing with manual labour, till 
 at last we have got about 5,000 men employed on pablic 
 co-operative works which are partially public relief 
 works, and that whilst the banks are glutted with capital 
 which people are afraid to use. In 1894 co-operaave 
 workers were only 2,066. The Act, moreover, fosters? 
 
 O
 
 194 APPENDIX TTT. 
 
 big commercial coucerus aud crushes out Utile ones, and 
 fixes a rate of wages in the North merely to suit a section 
 in the South, where industrial and social conditions 
 differ, thereby entailing a higher price on consumers who 
 are utterly ignored both by the Act and by trade unions. 
 
 Thirdly, it keeps the colony in a state of perpetual 
 unrest, as is proved by the immense number of industrial 
 disputes now pending. 
 
 Fourthly, it has failed in its operations. Mr. John 
 Ross says so, and he is a (Jovenimont supporter, a large 
 employer of labour, and a friend of the working classes. 
 The Neiv Zealand Herald, the Wellington Posl, the Posly 
 the Observer, and other journals say so ; the unions have 
 declared the Conciliation Boards useless ; oven " Earnest 
 Hope" says so ; and wo know they are, because in the 
 South both employers and workpeople are joining to 
 set up voluntary Boards of Conciliation, which the Em- 
 ployers' Association in Auckland joined with Knights 
 of Labour, and the Trades and Labour Council to do in 
 1891. 
 
 Fifthly, because it is a waste of public money. Boards 
 of Conciliation stump the country at great expense, and 
 a new ]udge has had to be appointed to deal with disputes 
 encouraged by the Act. 
 
 Sixthly, the chairmen ought not to be young ministers 
 of religion, ^vith no knowledge of law and the practical 
 every-day working of trade and industry, but lawyers, 
 as Mr. Justice Cooper said from the Bench publicly at 
 Christchurch on Thursday, 25th ult. 
 
 Seventhly, it does not prevent strikes, false witnesses 
 to the contrary notwithstanding. There was a strike 
 at the Parliamentary Buildings. In October last there 
 was a painters' strike at Hastings, there were two strikes 
 of gold miners at Nelson, a coal truckers' strike at Grey- 
 mouth, and a strike of ballast hands on the Grey-Hok- 
 itika railway. Last Friday there was a strike of railway 
 workmen in the South, and last Monday there was a 
 strike of painters at Napier.
 
 APPENDIX IV. 195 
 
 The newspapers and the pulpits which have guiltily 
 remained dumb, instead of denouncing the gross 
 injustice of the Act in placing non-unionists on an 
 inequality with trade unionists before the law, are as 
 much to blame as the slavish, self-seeking majority of 
 members of Parliament who, rather than lose place and 
 pay, put the unjust law upon the Statute Book ; but 
 Nemesis is coming. " The mills of God grind slowly, but 
 they grind exceeding small ; though with patience He 
 stands waiting, with exactness grinds He all." — I am, etc., 
 
 F. G. EWINGTON. 
 
 Auckland, May 16, 1901. 
 
 APPENDIX IV. 
 
 NOTE TO BIBLIOGRAPHY. 
 
 It is necessary to draw attention to one or two 
 important intentional omissions in the following Biblio- 
 graphy. Perhaps the most important is the entire 
 absence of any reference to the numerous detailed 
 reports of particular arbitrations which have from 
 time to time been pubUshed. Many of these reports 
 are indicated in the Bibhography to S. and B. Webb's 
 History of Trade Unionism and to their Industrial 
 Democracy. Another important omission is that of 
 all the rules of the various voluntary boards of con- 
 cihation and arbitration, and also of all awards of 
 arbitrations. It may not be out of place here to 
 mention a few publications, where copies of rules and 
 awards will be found : Keports of the Eoyal Com- 
 mission on Labour ; De la Conciliation et de I'Ar- 
 bitrage dans les Conflits Coilectifs entre Patrons et 
 Ouvricrs en France ct a I'Etranger ; Reports of the 
 
 o 2
 
 196 APPP]NDIX IV. 
 
 American Industrial Comuiis&iun ; Reports on the 
 Changes in the Wugcs and Hours of Labour ; Reports 
 on Strikes and Lockouts ; Reports of Proceedings 
 under the ConciUation Act, 1800 ; Bulletins of the 
 U.S.A. Department of Labour; the Labtmr Gazette; 
 W. J. Ashley, the Adjustment of Wages ; J. B. M'Pherson, 
 Voluntary Conciliation and Arbitration in Great 
 Uritain, etc. The awards, recommendations and 
 agreements made under the various Australasian Com- 
 pulsory Arbitration Acts will be found in the publica- 
 tions of the Departments of Labour of the respective 
 countries. 
 
 With regard to the Statutes, in several cases older 
 enactments have been omitte(l where recent reforming 
 and consolidating Acts have been passed. With one 
 or two exceptions, the annual reports of various boards 
 of conciliation and arbitration have been omitted. 
 No mention either is made of the many economic text 
 books which contain references to industrial concilia- 
 tion and arbitration. 
 
 In compiling this Bibliography, I have recorded only 
 those works, articles, etc., which I have read or to 
 which I have found references, and there has been no 
 attempt to make it complete.
 
 BIBLIOGRAPHY. 
 
 Abott, L. Compulsory Arbitration. Arena, December, 
 1892. 
 
 [The author is very favourable to compulsory 
 arbitration.] 
 Adams, C. F. Investigation and Publicity as Opposed 
 
 to Compulsory Arbitration. New York, 1903. 
 Alpers, 0. T. J. See Irvine, R. F. 
 Altgeld, J. P. Arbitration to Prevent Strikes. 
 
 Chicago Legal News, July 30th, 1887. 
 American Academy of Political and Social Science. 
 Social Legislation and Social Activity, being addresses 
 delivered at the Sixth Annual Meeting. New York, 
 1902. 
 American Industrial Commission, Reports of the. 
 Washington, 1900-2. 
 
 [The whole of these Reports contain much valuable 
 information concerning Industrial Conciliation 
 and Arbitration, but the following are the most 
 important references : V. 148-60 ; VII. 121- 
 36 ; VIII. cxxxviii.-cxlii. ; XII. clv.-clviii. ; 
 XIV. cxli.-cxlviii. ; XVI. 172-221 ; XVII. 
 423-507 and 691-707 and XIX. 833-862.] 
 Annuaire de la legislation du Travail. Office du 
 
 Travail, Bruxelles. Annually since 1898. 
 Arbeiterausschusse, Industriegenossenschaften 
 UND Einigungsamter. Gutachten der Handels-und 
 Gewerbekammer in Briinn. Briinn, 1892,
 
 198 RIliLIOrjRAl'HY. 
 
 Arbeitseinstellungen rNDFouTbiLbUNQ DES Arbeits- 
 VERTRAGS. Bcrichtc von E. Auerbach, W. Lotz 
 und F. Zahn. Im Auftrago des Vereins fiir Sozial 
 Politik au.sgegcben uiul eingelcitet von L. Brentano. 
 Leipzig, 1890. 
 
 Arbitrage entre Patrons et Ouvriers, L', d'apr^s une 
 Coinnumication dc M. Finance, avcc discus.-^ion. 
 Rt forme Social e, 1891. 
 
 Ashley, W.J. Methods of Industrial Poate, Economic 
 
 Bemew. July. 1892. 
 Tho Adjustment of Wages. A Study in the Coal 
 
 and Iron Industries of Great Britain and America. 
 
 Londcjn, 19C)3. 
 
 [In the copious Appendices attached to this work 
 will be found a large number of rules of boards 
 of conciliation, sliding scales, joint agreements, 
 etc., connected with the British and American 
 Coal and Iron Industries.] 
 AUBERT, P. Les greves et les recours k la conciliation 
 
 et a I'arbitrage en 1894. Socioiogie Cathoiique, 
 
 1895. 
 Aubrey, W. H. S. Conseils des Prud'hommes. Con- 
 
 temporari/ Bemexo, April, 1883. 
 Auerbach, E. See Arbeitseinst<dlungen. 
 Backhouse, A. P. See, New Zealand Compulsory 
 
 Conciliation and Arbitration Law. 
 Bahr, 0. Die neuen Gewerbegerichte. Grenzboten, 
 
 1893. 
 Ball, S. State Experiments in Australasia. Economic 
 
 Rwieio, July, 1903. 
 
 [A Review of the Hon. W. P. Reeves's Book.] 
 Barclay, — . Four years of the Conciliation and 
 
 Arbitration Act. (Dunedin Fabian Society.) 
 Bates, S. How to Prevent Strikes. North American 
 
 Review, 1895. 
 Beauregard, P. Conciliation et Arbitrage. Le Monde 
 
 Economique, 1894.
 
 BIBLIOGRAPHY. 199 
 
 Beesly, E. S. Arbitration. Positivist Reinew, April, 1895. 
 Bellom, M. Des Organes institues a I'etranger en vue 
 
 de faciliter la conciliation et I'arbitrage entre 
 
 patrons et ouvriers. Paris, 1892. 
 
 Etude sur les tribunaux industrials allemands. 
 
 Paris, 1891. 
 
 Bertram, A. Quelques experiences de la conciliation 
 par I'etat en Australasie. Revue d'Economie 
 Politique. 1897. 
 
 [The author compares and contrasts the entirely 
 voluntary New South Wales Law of 1892, the 
 partially compulsory South Australian Law 
 of 1894 and the completely compulsory New 
 Zealand Law of 189-1.] 
 Bevan, G. p. The Strikes of the Past Ten Years. 
 Journal of the Statistical Society, March, 1880. 
 [The writer suggests the establishment of Councils 
 of Prud'hommes in the United Kingdom.] 
 Bishop, J. B. The National Civic Federation and 
 
 Strikes. International Monthly, May, 1902. 
 BiTZER, F. Bemerkungen liber Einigungsamter. 
 Schriften des Vereins fiir Sozial Politik, II. Leipzig, 
 1873. 
 Bliss, W. P. D. Arbitration and Conciliation in 
 
 Industrial Disputes. Boston, 1895. 
 Bloch, — . Das Gewerbegericht. Wien, 1898. 
 Board of Trade Journal, February, 1893. Con- 
 ciliation and Arbitration in France. 
 
 June, 1893. The Settlement of Labour Disputes 
 
 in Italy. 
 
 Boissard, a. Les conseils de conciliation et de I'arbi- 
 trage des sjiidicats mixtes de I'industrie roubaisienne 
 et tourquennoise. Association Catholique, August, 
 1898. 
 
 BoLOTTE, — . Manuel formulaire raisonue de concilia- 
 tion et d'arbitrage entre patrons et ouvriers ou em- 
 ployes d'apres la loi du 27 decembre, 1892. Paris, 
 1894.
 
 200 BIBLIOGRAPHY. 
 
 BoNAiLLE, F. dp. De la conciliation et do I'arbitrage 
 
 dans los conflits cntro patrons et ouvriers. Paris, 
 
 1894. 
 Boot and Shoe Trade Dispute, Tho. Compiled by 
 
 J. F. Arnold, Dunodin. N.Z.. 1897. 
 Boi'LTON, S. B. Labour Disputes and the Chamber of 
 
 Commerce. Nineteenth Century, June, 1890. 
 
 The genesis of a Conciliation Act. London. 1896. 
 
 See under The Times. 
 
 BoYER, A. Les Conseils de Prud'hommes au point de 
 
 vuo de rint«5rfit des ou\Ticrs et de Tegalit^ dos droits. 
 
 Paris. 18 U. 
 Bi.ANcnARD, V. Prud'hommes employes. Paris, 1887. 
 BRAKi.AroH, C. Labour and Law. London, 1891. 
 Branto, V. Les cssais de conciliation et de I'ar- 
 
 bitrage entre patrons et ouvriers. Par's, 1886. 
 Brants, — Hier et demain ; les counseils d'ouvriers 
 
 et la paix sociale. Bruxelles, 1893. 
 Brassert, H. Zur Frage iiber die Berufung gcgen 
 
 llrteile der Gewerbegerichte, insbesondere iiber 
 
 die Berggewerbegerichte. Zeitschrift fur Ben/recht, 
 
 1891. 
 Brassfy, Lord. Papers and Addresses. London, 
 
 1894. 
 
 [On pages 291-9 and 324-6 will be found two 
 arbitration awards of th" Htaffordshire Pot- 
 teries, 1H80, and the London Lightermen, 1889.] 
 
 Work and Wages, London, 1872. 
 
 Brentano, L, Arbeitseinstellungen und Fortbildung 
 
 des Arbeitsvertrags, 1890. 
 
 Uber Einigungsiimter. Eine Polemik mit Herrn 
 
 Dr. A. Meyer. Leipzig, 1873. 
 
 Brillant, C. Les nations industrielles vers la paix. 
 Paris, 1903. 
 ' [An optimistic account of conciUation and ar- 
 bitration in different countries.] 
 Brooks. J. G, Social Unrest, New York, 1903.
 
 BIBLIOGRAPHY. 201 
 
 Bulletin de l' Office du Travail. Paris, annually 
 since 1894. 
 
 [The Bulletins contain figures showing the Work 
 of the Councils of Prud'hommes.] 
 
 Burgess, H. T. Industrial Arbitration in Australia. 
 Independent, July 31st, 1902. 
 
 Campredon, E. La conciliation et I'arbitrage en 
 Angleterre. Revue d* Economie Politique. 8® Ann6e. 
 
 Cariss, a. On Arbitration. London, 1883. 
 
 Carroll, T. A. Conciliation and Arbitration in the 
 Boot and Shoe Industry. Bulletin of the U.S.A. 
 Department of Labour, No. 9. January, 1897. 
 [It is the American Boot and Shoe Industry with 
 which the report deals.] 
 
 Castle, C. H. Industrial Arbitration. American 
 Machinist, August 8th, 1901. 
 
 Cavalieri, E. La questione dei probi viri in agri- 
 col tura. Roma, 1888. 
 
 Challaye, F. L' Arbitrage obligatoire en Nouvelle- 
 Zelande. Revue Politique et Parlementaire, Sep- 
 tember, 1903. 
 
 Changes in Wages and Hours of Labour in the 
 United Kingdom, Reports on the. Annually 
 since 1893. 
 
 [These reports contain specimens of numerous 
 mutual agreements, sliding scales, etc.] 
 
 Chapman, S. J. Some theoretical objections to shding 
 scales. Economic Journal, June, 1903. 
 
 Civic Federation op Chicago, Report of the proceed- 
 ings of the Conference held under the auspices of 
 the. November 13th and 14th, 1894. 
 
 Clark, C. W. Compulsory Arbitration. Atlantic 
 Monthly, January, 1891. 
 
 Clark, E. E. Compulsory Arbitration, Order of Rail- 
 way Conductors. Peters, Labour and Capital. New 
 York, 1902. 
 
 [The writer takes an unfavourable view of com- 
 pulsory arbitration.]
 
 202 BIBLIOGRAPHY. 
 
 Clark, E. E. Arbitnition in Industrial Disputes. 
 
 Annals of the American Academy, September, 1904. 
 Clark, J. B. Authoritative Arbitration. Political 
 
 Science Quarterly, December, 1902. 
 
 Do we want Compulsory Arbitration ? Inde- 
 
 pcndenl, November l.JtIi, 11M)2. 
 
 Is Compulsory Arbitration Inevitable ? Em- 
 ployers and Employees. Chicago, 1902. 
 
 Clark, V. S. Labour Conditions in New Zealand. 
 Bulletin of the U.S.A. Bureau of Labour, 1903. 
 [This report embodies the most recent investiga- 
 tion into the workinj^ of compulsory arbitra- 
 tion in New Zealand.] 
 
 Cleog, T. B, The Trades Disputes Conciliation and 
 Arbitration Act, 1892. Sydney, 1892. 
 
 Clowe.s, W. F. Conciliation. Anglo-American Maga- 
 zine, September, 1902. 
 
 CoGGiNS, P. H. The Delusion of Compulsory Industrial 
 Arbitration. Arena, May, 1900. 
 
 COMPTE GknKRAL DE LA JCSTICE CiVILE ET COM- 
 MERCIALE EN FRANCE. 
 
 [This annual publication contains figures dealing 
 with the works of the Councils of Prud'hommes 
 prior to 1894. Since then these statistics 
 can be found in the Bulletin de I'Office du 
 Travail.] 
 Compulsory Arbitration in New Zealand. Massa- 
 chusetts Bureau of Statistics of Labour. Bulletin 
 No. 20. November, 1901. 
 Conciliation and Arbitration in Trade Disputes. 
 
 Edinburgh Review, January, 1900. 
 Conciliation et de l' Arbitrage dans les Conflits 
 collectifs entre Patrons et Ouvriers en 
 France et a l'Etranger, De la. Office du Travail. 
 Paris, 1893. 
 
 [A most valuable report of some 600 pages dealing 
 at considerable length with England and the 
 United States.]
 
 BIBLIOGRAPHY. 203 
 
 Conciliation and Boards of Conciliation Bill, 
 
 1896, Report of the Select Committe on. 
 Conciliation in the Cotton Trade. Report of 
 
 Negotiations, 1899-1900, and Press Comments. 
 
 Manchester, 1901. 
 Conciliation (Trade Disputes) Act, 1896, Reports 
 
 on the. Bienially since 1897. 
 CoNSEiL DE Conciliation et d' Arbitrage des Char- 
 
 BONNAGES DE Mariemont. Rapport sur les 
 
 travaux des exercise-i, 1888,89,90, 91. Bruxelles, 
 
 1892. 
 Crompton, H. Industrial Conciliation. London, 1876. 
 Cummings, E. Action under Labour Arbitration Acts. 
 
 Quarterly Journal of Economics. July, 1887. 
 
 Industrial Arbitration in the United States. 
 
 Quarterly Journal of Economics, July, 1895. 
 Cummings, J. The Industrial Conference of the National 
 
 Civic Federation. Journal of Political Economy, 
 
 June, 1903. 
 CuNO, — . See Mugdan, — . 
 Dale, D. Thirty Years Experience of Industrial 
 
 Conciliation and Arbitration. London, 1899. 
 Dannenberg, J. F. H. Zur Frage wegen gewerblicher 
 
 Schiedsgerichte und Einigungsamter. Schriften 
 
 des Vereins fur Sozial Politik, ii. Leipzig, 1873. 
 Danby, J. Les Couseils d-^ Prud'hommes en Belgique. 
 
 Commentaire de la loi organique. Bruxelles. 
 Davitt, M. Life and Progress in Australasia. London, 
 
 1898. 
 Dechesne, L. La Conciliation Industrielle en Bel- 
 gique. Revue d'Econamie Politique, 1897. 
 Delporte, a. Prud'hommes et conseil de I'industrie 
 
 et du travail. Bruxelles, 1891. 
 Demeure, a. Notes sur les Chambres d'Explicationa 
 
 instituees aux Charbonnages de Mariemont et de 
 
 Bascoup pour les ouvriers de la division du 
 
 materiel. Paris-Liege, 1887.
 
 204 BIBLIOGRAPHY. 
 
 Depasse, H. Cliambres et Conseils du Travail. Paris, 
 1895. 
 
 L'Arbitrage dans lea grtves. Revue Bleue 
 
 October, 1899. 
 
 Dexter, S. Compulsory Arbitration. American Jour- 
 nal of Social Sciences, xxviii., 80. 
 Die Arbeitsvermittluno in Ostreich. Handels- 
 
 ministeriuni. Wicn, 1898. 
 DiETELs, — . (JcNverbestreiti'^keiten. Leipzig, 1882. 
 Douglas, W. L. Voluntary Arbitration : Experience 
 
 of a Shoe Factory. Peters, Labour and Capital. 
 
 New York, 1902. 
 DuTHEiL, P. Un pays sans gn'ves. Le Corns pomhint, 
 
 December 25, 1900 and April 25, 1901. 
 Eberty, G. Dcgli urbitrati industriali come mezzo 
 
 per ovviare agli scioperi. Roma, 1872. 
 Deiikschrift iiber gewerbliche Schiedsgerichte 
 
 Ills Mittel den Arbeitseinstellungen zu begognen. 
 
 Halle, 1872. 
 Gewerbegerichto und das gewerbliche Schieds- 
 
 gerichtswesen. Berlin, 1809. 
 
 Gewerbegerichte und Einigungsiimter, mit einem 
 
 Anhang : Gesetz betr. die Gewerbegerichte vom 
 29 Juli, 1890. Breslau, 1890. 
 
 Gewerbegerichte und Einigungsamter. Freund's 
 
 Politisches Handbuch. Bd. 6. 1890. 
 EiCHENTHAL, E. Les Coalitions de Patrons et Ouvriers 
 
 et TEnqut'te Parlementaire. Paris, 1872. 
 Les Greves d'Ouvriers et les Conseils d' Arbitrage 
 
 en Angleterre. Paris, 1872. 
 EiDLiTZ, 0. M. Voluntary Arbitration : Experience 
 
 in the Building Trades. Peters, Labour and Capital. 
 
 New York, 1902. 
 
 EiNFUHRUNO VON ArBEITERAUSSCHUSSEN, FaBRIKGE- 
 NOSSENSCHAFTEN UND EiNIGUNGSAMTER. Zeit- 
 
 schrift fiir Handel und Gewerbe, 1892. 
 Elenco DEI CoLLEGi Di Probi Viri. Ufficio del 
 Lavoro, Roma, 1903,
 
 BIBLIOGRAPHY. 205 
 
 Enqu^te sur les Conseils de Prud'hommes et les 
 livrets d'ouvriers. Ministere de 1' Agriculture, du 
 Commerce et des Travaux Publics. Paris, 1864. 
 EwiNGTON, F. G. The Truth about the New Zealand 
 Compulsory Industrial Conciliation and Arbitra- 
 tion Act. Loudon, 1898. 
 Fabian Society. State Arbitration and the Living 
 Wage ; with an Account of the New Zealand Law 
 and its Results. London, 1898. 
 Fabrikgesetzgebung, Schiedsgerichte und Eini- 
 GUNGSAMTER, tjber. Gutachten auf Veranlassung 
 der Eisenacher Versammlung zur Besprechung 
 der Socialen Frage, abgegeben von Jacobi, Bitzer, 
 Gensel, L. F. Ludwig-Wolf, Tiedemann, v. Hell- 
 dorf, R. Hartel, E. Websky, etc. Schriften des 
 Vereins fiir Sozial Politik, ii., 1873. 
 Ferie, C. Die Gewerbegerichte vom Standpunkte 
 ihrer historischen Entwickluug. Barmen, 1873. 
 Fieldhouse, W. The Needs of a National Court of 
 Arbitration. Peters, Labour and Capital. New 
 York, 1902. 
 
 [The author is favourable to compulsory arbitra- 
 tion.] 
 Finance, J. Les Resultats de la loi sur la Conciliation 
 et I'Arbitrage pendant les deux premieres annees 
 de son application. La Reforme Sociale. 1895. 
 FoNTOiNE, A. Les Greves et la Conciliation. Paris, 
 
 1897. 
 Foreign Office Reports, Miscellaneous Series. 
 No. 159. French Councils of Prud'hommes. 
 No. 198. Report on the Belgium Councils of 
 Prud'hommes and Councils of Industry and 
 Labour. 
 No. 211. The Condition of Labour in Italy. 
 No. 212. The Present State of the Labour 
 
 Question in Germany. 
 No. 214. The Present State of the Labour Question 
 in Belgium.
 
 208 BIBLIOGRAPHY. 
 
 Foreign Office Reports, Miscellaneous Series — 
 continued. 
 No. 241. The C'onrlitinn of Labour in Switzerland. 
 No, 258. P'rance : The Relations between Capital 
 and Labour. 
 
 FouccROULLE, (J. Lcs Consoils do Conciliation. Rru- 
 xelles, 1894. 
 
 Fox, M. Voluntary Arbitration : Expcrienco of Iron 
 Moulders. Peters, Labour and Capital. New 
 Y(.rk, 1U02. 
 
 Fk.\nkenstei.n, K. Arboitsoin-stellungon und Einigungs- 
 iiniler. Grcnzboten, 1892. 
 
 Der Arbeiterscbutz. Leipzig, 1896. 
 
 Franz, J. L. Ein socialts " llaager Schiodsgericht " 
 in den Vcreinigten Staaten. ,\'eue Zeit, xlii. 
 
 P'redricksen, D. M. Compulsory Arbitration. Atner- 
 icftn Journitl of Politico. November, 1894. 
 
 FRErNDLicii, — . Das Verfahren naih dem Reichs- 
 pesetz bctr. die Gewcrbegerichte vom 29 Juli, 1890, 
 in .seiner Abweichung vom ordontlichen Ver- 
 fahren. Miinrhen, 1898. 
 
 Froment, C. de. La Conciliation et I'Arbitrage. Paris, 
 1894. 
 
 Fry, E. Conciliation and Arbitration in Trade Dis- 
 putes. Law Magazine and Review. November, 
 1898. 
 
 See under The Times. 
 
 Fuld, L. Die Gewerbegerichte in Deutschland. An- 
 nalen des Deutschen Reichs, xxvii. 
 
 Galet, D. Les Conseils de Conciliation et d'Arbitrage. 
 Paris, 1892. 
 
 Gebhardt, — . Die Behrrden zur Entscheidung von 
 Streitigkeiten zwisclien Arbcitgebern und Arbeit- 
 nehmern, ins bcsonderc die gewerblichen Schieds- 
 gerichte uacb §108 der Gewerbeordnung von 1869. 
 Viertdjahrheft far Volksicirtschaft, 1872. 
 
 GeNFER GeSETZ t'BER KoLLEKTIVE ArBEITSVERTRAGE. 
 
 Sociale Praxis, No. 29. April lUth, 1900.
 
 BIBLIOGRAPHY. 207 
 
 Gensel, J. Wie sind die Schieds- und Einigungsamter 
 cinzuiichten ? Schriften des Vereins fiir Sozial 
 Politik, II., Leipzig, 1873. 
 
 . Uber gewerbliche Schiedsgerichte. Deutscher 
 
 Ukonomist, ii., 1873, Nos. 1-3. 
 Gewerbegerichte und Einigungsamter. Gesetz 
 betr. die Gewerbegerichte von 29 Juli, 00. Text- 
 ausgaben mit Erlauterungen : 
 Bachem, — . Koln, 1890. 
 Bauer, — . Leipzig, 1890. 
 Haas, — . Gottingen, 1891. 
 Hoffmann, — . Miinclien, 1890. 
 ScHAEFFER, — . Mainz, 1890. 
 ScHiER, — . Kassel, 1891. 
 Stein, — . Berlin, 1891. 
 Unger, — . Berlin, 1890. 
 WiLHELMi, — . UND FuRST, — . Berlin, 1891, 
 Zander, — . Zittau, 1891. 
 Zeller, — . Mainz, 1890. 
 Gewerbeschiedsgerichte (Amerikanische und 
 Deutsche) und Einigungsamter. Ein Beitrag zur 
 Regelung der Lohnstreitigkeiten. Grenzboten, 1888. 
 Gibbons, J. National and Industrial Arbitration. 
 Peters, Labour and Capital, New York, 1902. 
 
 The Strike should be arbitrated. Independent, 
 
 October 16th, 1902. 
 GiBON, M. A. Institutione de nature a faciliter la 
 Conciliation et T Arbitrage entre Patrons et Ouvriers. 
 Paris, 1891. 
 
 La Greve de Carmaux. De I'Arbitrage legal et 
 
 des Conditions de I'Harmonie dans I'lndustrie. 
 1893. 
 
 La Greve de Carmaux. La ConciUation et I'Arbi- 
 trage dans I'lndustrie. La Rcforme Sociale, 13^ 
 annee. 
 
 Gilliver, W. Arbitration in Disputes between Employ- 
 ers and Employed. Transactions of the National 
 Association for the Promotion of Science. 1868.
 
 208 BIBLIOGRAPHY. 
 
 Oilman, N. P. Mrthods of Industrial Peace. Boston, 
 
 1004. 
 Gladdkn, W. Arbitration of Labour Disputes. 
 
 JnnnuU nf the Avwricnn Snvlnl Science Association, 
 
 Vol. 21. IK^n. 
 floiNG, C. B. Arbitration of Labour Questions neces- 
 sary to Industrial Supremacy. English Magazine, 
 
 P'cbruary. 1(M)|. 
 Arbitration. Will it pay ? Peters, Labour and 
 
 Capital. New York. l'.«)L\ 
 GoMPKR.s, S. Labour Unions and Strikes. Peters, 
 
 Labour and Capital. New York, 1902. 
 
 (The writer is opposptl to Compulsory Arbitration.] 
 The Limitations of Arbitration and Conciliation. 
 
 Annuls of the Awericnn Academy of PofUicil and 
 
 Social Science, July, l'.H»2. 
 Gould, E. R. L. Indu.strial Conciliation and Arbitra- 
 tion in Europe and Australasia. Yale Review, 
 
 PVbruary, 1^95. 
 Grevstad, N. Courts of Conciliation in America 
 
 Atlantic Monthly, November, 1893. 
 Grey, J. G. Australasia Old and New. London, 1001. 
 Gruet, C. Les conseils des prud'hommes et le projet 
 
 de loi sur leur organisation devant le parlemen . 
 
 Remc Politique ct rarkinentnirc, May, 1895. 
 Guide, — . Le role des conseils des prud'hommes et les 
 
 reformes soumises au parlement. Paris, 1888. 
 Guiral, A. La Conciliation et I'Arbitrage. Rouen 
 
 1897. 
 GuYOT, Y. Les conflits du travail et leur solution 
 
 Paris, 1903. 
 Haas, J. Commentar zum Gewerbegerichtsgesetz. 2nd 
 
 edition, Gottingen, 1902. 
 Haertel, R. Uber Einigungsamter. Schriftcn d«K 
 
 Vereins fiir Sozial Politik, II. Leipzig, 1873. 
 Handiboe, J. Strikes and the public welfare. North 
 
 American Review, July, 1902.
 
 BIBLIOGRAPHY. 209 
 
 Hanna, M.A. Industrial Conciliation and Arbitration. 
 
 Annals of the American Academy of Political ami 
 
 Social Science. July, 1902. 
 Henry, A. A Country Avithout Strikes. Westminster 
 
 Review, January, 190.j. 
 HiRscH, M. Keferat iiber die Einigungsiimter und 
 
 Schiedsgcrichte sammt Debatte. Schriften des 
 
 Vereins fur Sozial Politik, IV. Leipzig, 1874. 
 HiRscH, W. See Moller, R. 
 HiRSEKORN, S. Das Gewerbegericlitsgesetz vom 29 
 
 Juli, 1890 und 30 Juui, 1901. Leipzig, 1901. 
 HoBSON, J. A. Compulsory Arbitration in Industrial 
 
 Disputes. North American Review, 'i^iovcmheT, 1902. 
 HoFMANN, — . Die Thatigkeit der Gemeindevorsteher 
 
 nach dem Reichsgesetz betreffend die Gewerbe- 
 
 gerichte vom 29 Juli, 1890. Leipzig, 1893. 
 HoGAN, T. J. Voluntary Arbitration : experience of 
 
 stove manufacturers. Peters, Labour and Capital. 
 
 New York, 1902. 
 HoLAiND, R. Industrial Arbitration. American Catholic 
 
 Quarterly, January, 1900. 
 Holmes, J. A plea for Arbitration. Leeds, 1874. 
 Howell, G. Conciliation and Arbitration in Labour 
 Disputes. Fielden's Magazine, January, 1900. 
 
 Conflicts between Capital and Labour. London, 
 
 1890. 
 
 Labour Legislation, Labour Movements, and 
 
 Labour Leaders. London, 1902. 
 
 Hoyt, H. W. Manufacturers' Associations, Labour 
 
 Organisations and Arbitration. English Magazine, 
 
 May, 1900. 
 Voluntary Arbitration : experience of founders. 
 
 Peters, Labour and Capital, New York, 1902. 
 IIui5ER, E. Das Friedensrichteramt und die 
 
 gewerbliclien Schiedsgerichte im schweizerischen 
 
 Recbt. Basel, 1886. 
 Industrial Conciliation. See National Civic Federa- 
 tion. 
 
 P
 
 210 P.ll-l.lOrrRAPHY. 
 
 Industrial Associations in the United Kingdom. 
 Directory of Board of Trade, ord. edition, 190.'3. 
 [This publication ^'ives the names of all the Con- 
 ciliation and Arbitration Boards in the United 
 Kingdom.] 
 Industrial Legislation in New Zealand. The 
 Concilatioii and Arbitration Act. A Land Without 
 Strikes. By the Special Commissioner of the 
 Advertiser, Adelaide (S.A.), in which paper the 
 report was first published, May 21st, 100.3. Re- 
 printed from above, Wellington, 1'.J0.3. 
 Information Relating to Courts of Arbitration 
 AND Boards of Conciliation in the United 
 Kingdom and in certain British Colonies and 
 Foreign Countries. Pietcrmaritzburg, l'.)04. 
 [This small Colonial Blue-book (folio, pp. 44) deals 
 shortly with the existing legislative facihties 
 for arbitration and conciliation in the United 
 Kingdom, Canada, New South Wales, South 
 Australia, Victoria, Western Austraha, Belgium, 
 Denmark, France, Germany, Holland, Italy, 
 Norway, Portugal, Switzerland (Bale-Ville, 
 Geneva, Lucerne, St. Gall and Zurich), and 
 the United States (Massachusetts). The above 
 information was collated in the Prime Minister's 
 department from information obtained from 
 the Board of Trade (London), consequent 
 on a motion brought forward in the Legislative 
 Assembly.] 
 Ingwer, — . Die Rechtsstreitigkeiten vor dem Gewerbe- 
 
 gericht. Wien, 1809. 
 Irvine, R. F. and Alpers, 0. T. J. Progress in New 
 Zealand in the Century, London, 1002. 
 [The chapter on Compulsory Arbitration is written 
 by Mr. Alpers, who is a native of New Zealand 
 and a graduate of the University of that 
 country.] 
 Jacob, C. Codes des Prud' hommes. Paris, 1845.
 
 BIBLIOGRAPHY. 211 
 
 Jastrow, J. Die Erfahrungen in deutschen Gewerbe- 
 
 gerichten. Jahrhuch filr die Nationalokonomie 
 
 und Statistik, 1897. 
 Jay, R. Die Einigungsamter in Frankreich auf Grund 
 
 des Gesetzes vom 27 Dezember, 1892. Archiv fiir 
 
 Soziale Geselzgebung, 1893. 
 Jeans, J, S. Conciliation and Arbitration in Labour 
 
 Disputes. London, 1891. 
 Jemison, W. H. The remedies proposed for disputes 
 
 about wages. British Association Report, 1881. 
 Jevons, W. S. The State in Relation to Labour. 3rd 
 
 Edition. London, 1894. 
 Job, F. W. A Means to Effective Arbitration. World's 
 
 Work. December, 1902. 
 Jones, D. The Midland Iron and Steel Wages Board, 
 
 in W. J. Ashley's British Industries, London, 1903. 
 JusTi, H. Conciliation and Arbitration in the Coal- 
 mining Industry. Report of the 11th annual 
 
 meeting of the American Economic Association. 
 
 Publications of the Association, Series 3. Vol. 3. 
 
 1902. 
 Kaminski, G. Kritische Betrachtung des Entwurfes 
 
 eines Gesetzes betrefiend die Gewerbegerichte. 
 
 Elberfeld, 1890. 
 Kettle, R. Masters and Workmen. London, 1871. 
 
 On Boards of ConciUation and Arbitration be- 
 tween Employers and Employed. Paper read 
 before the Social Science Congress, 1871. 
 
 Strikes and Arbitration, with the Procedure 
 
 and Forms successfully adopted in the Building 
 Trade at Wolverhampton. Loudon, 1866. 
 
 King, B. Recent Social Legislation in Italy. Economic 
 Journal, September, 1903. 
 
 Kingston, C. C. Industrial Agreements and Concilia- 
 tion. Review of Reviews {America), December, 1894. 
 
 KoPKE, F. Uber gewerbUche Schiedsgerichte mit 
 besonderer Beriicksichtigung der schweizerischen 
 Verhiiltnisse. Zurich, 1895. 
 
 P 2
 
 212 BIBLIOGRArHY. 
 
 KowALZiG, F. Die Gcsetzgebung iiber Schiedsgorichte. 
 
 Berlin, 1877. 
 Krebs, W. Organisation und Wirksarakeit dor gewerb- 
 
 lichcn Schicdsporirhto. Zurich, 1887. 
 Organisation und Wirksamki'it dor gc.worb- 
 
 lichcn SchiodHgorithto im Auslando und in don 
 
 schwcizcrischcn Kantoncn. Gvucrblkhe Zeitfragen, 
 
 18'J3. 
 Labour, Reports of the Royal Commission on. 18l'l-4. 
 
 [These reports contain a vast collection of material 
 connected with Indu.strial Conciliation and 
 Arbitration.] 
 Labour Gazette. Monthly bince 180."). 
 
 [One of the best sources for the most recent infor- 
 mation concerning Conciliation and Arbitration.] 
 Labour Statistics, Abstract of Foreign. 18'J8-'J and 
 
 181>0-1'JOO. 
 
 [Figures showing the working of the French Law 
 of 18D2 and of the Massachusetts State Board 
 arc given. Also Foreign Strike Statistics.] 
 Labour Statistics of tue United Kingdom, Abstract 
 
 of. Annually since 1893. 
 Lamrrechts, — . La conciUation ct Tarbitragc devant 
 
 les parlements actucls. Grenoble, 1896. 
 Laurisch, — . Gewcrbegericht und Aibeiterschutz. 
 
 Berlin, IWl. 
 Lautensculager, E. Die Recht.sprechung im Gewcr- 
 
 bcgcrichte. Jahrbiich fur Gesetzgcbung und Ver- 
 
 ualtung, 1893. 
 Lawson, W. R. American Industrial Problems. Edin- 
 burgh, 1903. 
 Lecour-Grandmaison, — . Les couscils d'arbitrago et 
 
 de conciUation en Angleterre. 
 Leroy-Beaulieu, p. Les Nouvelles Societes Anglo- 
 
 saxonnes. Paris, 1901. 
 Lette, a, Mitteilungen iiber Fabrik- und Gcwcr- 
 
 bcgcriclitc. Arbeiterfretmd, 18G0.
 
 BIBLIOGRAPHY. 213 
 
 Levasseur, E. The American Workman. American 
 
 translation, Baltimore, 11)00. 
 LiscHKE, J. Die Gewerbegericlite in Ostreich. Ihr 
 
 Wesen, Zweck und Bedeutung. Wien, 1894. 
 Lloyd, H. D. A Country without Strikes. A Visit 
 
 to the Compulsory Arbitration Court of New 
 
 Zealand. Now York, 1900. 
 Arbitration Courts a Logical Necessity. Peters, 
 
 Labour and Capital. New York, 1902. 
 
 Australasian Cures for Coal Wars. Atlantic 
 
 Monthly, November, 1902, 
 
 Newest England. New York, 1900. 
 
 [The writer visited New Zealand in 1899, and his 
 views on compulsory arbitration, to which 
 he is entirely favourable, will be found at 
 greatest length in his " A Country without 
 Strikes."] 
 London Labour Conciliation and Arbitration 
 Board, Reports of the. Annually since 1891. 
 
 Rules and Byelaws of the. 1897. 
 
 LoTiscHius, E. tjber Einigungsamtor und gewerbliche 
 
 Schiedsgerichte. Leipzig. 
 LoTMAR,— . Die Tarifvertrage zwischon Arbeitgebern 
 
 und Arbeitnehmern. Archiv fur Soziale Gesetzge- 
 
 bung, 1900. 
 LoTZ, W. Das Schieds- und Einigungsverfahren in der 
 
 Walzeisen- und Stahlindustrie Nord-Englands. 
 
 Schriften des Vereins fiir Sozial Politik, XLV. 
 
 Leipzig, 1890. 
 
 L'arbitrage et la conciliation dans I'industrie 
 
 des fers lamines et de I'acier du nord de I'Angleterre. 
 Revue d' Economic Politique, 1890, pp. 461 and 553. 
 
 See Arbeitseinstellungen. 
 
 LovESY, C. W. Law of arbitration between masters 
 and workmen. London, 1867. 
 
 Lowell, J. S. Industrial arbitration and concilia- 
 tion. New York, 1893,
 
 214 RTRLTOORAPHY. 
 
 Lowell, J. S. Induatiial Arbitration and Conciliation. 
 Boston, 1895. 
 
 Voluntary Arbitration. American Journal of 
 
 Social Science. XXVIII. 
 
 LozK, E. Conciliation et Arbitrage dans lo bassin 
 houiller (111 Nord, 1889-98. Paris 1899. 
 
 LuDWio-WoLF, L. F. Das gowcrblicho Srhiedsgericht, 
 Hoiiie Hedeutung uiid Kinrichtung. Ein Beitrag zu 
 diescr Krage. Leipzig, 1872. 
 
 Wio sind Schieds- und Eingnngsiiinter einzu- 
 
 richtcn ? Srhriften do3 Vorcins fiir Sozial Politik, 
 II. Leipzig, 187;?. 
 
 LusK, II. H. Compulsory Arbitration. The ex])erience 
 of New Zealand. Peters, Labour and Capital. Now 
 York, 1902. 
 
 [The author is entirely favourable to compulsory 
 arbitration.] 
 
 The successful prevention of strikes in New 
 
 Zealand. Warld's Work, February, 1902. 
 
 M'PnERSON, J. B. Voluntary Conciliation and Ar- 
 bitration in Great Britain. Bulh^tin of the U.S.A. 
 Dcpartmont of Labour, No. 28. Washington, 
 May, 1900. 
 
 Macarthur, \V. The American Trade Unions and 
 Compulsory Arbitration, Forum, February, 1901. 
 
 Macoregor, J. Compulsory Arbitration. Is it a 
 success ? Dunedin, 1901. 
 
 Compulsory Arbitration at Work. Nalional Re- 
 
 view, XXXIV. 
 
 [The writer is strongly opposed to Compulsory 
 Arbitration.] 
 
 McMakin, F. The moral element in industry. Peters, 
 Labour and Capital. New York, 1902. 
 
 Macrosty, H. W. State Arbitration and the Minimum 
 Wage in Australasia. Political Science Quarterly, 
 March, 1903. 
 
 Mann, T, Conditions of Labour in New Zealand. Nine- 
 teenth Century and After, September, 1902,
 
 BIBLIOGRAPHY. 215 
 
 Marshall, A. Preface to Price's Industrial Peace. 
 
 London, 1887. 
 Mason, N. T. Compulsory Arbitration a Practical 
 
 Remedy. Arena, September, 1896. 
 Massachusetts. Bureau of Statistics of Labour. Eighth 
 
 Annual Report, 1877. Chapter on Industrial 
 
 Arbitration and Conciliation in Massachusetts. 
 
 Bureau of Statistics of Labour. Twelfth Annual 
 
 Report, 1881. Chapter on Arbitration and Con- 
 ciliation in Pennsylvania and Pittsburg. 
 
 Massachusetts State Board of Arbitration, Reports 
 
 of the. Annually since 1887. 
 Masters and Operatives, Report of the House of 
 
 Commons Committee on, appointed in February, 
 
 1856, to inquire into the expediency of establishing 
 
 Equitable Tribunals. 
 
 [The results of the above Report are summarised 
 in the British Ahnanacl; and Companion, 1857 
 article : Arbitration in Trade Disputes.] 
 Mataja, V. Les projets de loi frangais et italien con 
 
 cernant I'arbitrage et les conscils de prud'hommes 
 
 Revue (T Economie Politique. 1892. 
 Mattrorez. J. Notes sur la conciliation entre patrons 
 
 et ouvriers. Revue Politique et Parlementaire, 1898 
 Meissner, H. a. Die Fabrikgerichte in Franlcreich 
 
 Leipzig, 1846. 
 
 Specialgerichte fiir unsere Fabrikgewerbe. Leip 
 
 zig, 1846. 
 
 Menzinger, L., und Prenner, J. Gesetz betr. die 
 
 Gewerbegerichte in der Fassung der Novelle vom 
 
 Jahre 1901. Munchen, 1902. 
 Metin, a. Le Socialisme sans Doctrines. Paris, 
 
 Felix Alcan, 1901. 
 Mission de. Legislation ouvriere et sociale en 
 
 Australie et Nouvelle-Zelande. Office du Travail. 
 
 Paris, Imprimerie Nationale, 1901. 
 
 [Both these works are the same, though published 
 by different publishers and under difiorent
 
 21G BIBLIOGRArHY. 
 
 Mktin, \.— continued. 
 
 titles. I mention both to save the reader 
 from confusion, as some writers quote one and 
 Homo the other. The ex])hination of these 
 two eilitions is best given in M. Albert Metin's 
 own words, from the preface tn his Socialismo 
 sans Doctrines: "The Department of Labour 
 has published the report, drawn up as a result of 
 my encjuiry, from the National Printing OHice. 
 [Ix'gislation Ouvriere et Sociale en Australie et 
 Nouvelle-Zt'lande, 19<)1, in-H"" de iii., 200 p.] 
 The (tbject of the present publication is to put 
 the work within the reach of a larger number 
 of readers," 'Ihe ollicial edition, it may be 
 added, is considerably cheaper than the private 
 one.] 
 
 Arbitrage et Conciliation, en Nouvelle-Zi'dando. 
 
 Rtrue (Tt^conomie J'oitiique, Fcbruarv, 1901. 
 MiLis(H,— . Das Gewerbegericht zu Berlin. Berlin, 
 
 1891. 
 MiTCHKi.i., J, Compulsory Aibitration : the Coal Miners. 
 Peters, Labour and Capital. New York, 19()2. 
 [The author is opposed to Compulsory Arbitration.] 
 
 MlTTKIH NGEN DES VeRUANDES DEUTSCHER GeWERBE- 
 
 OKRicHTE. Fortnightly. 
 
 [This publication gives the latest information 
 
 and ligures concerning the German Industrial 
 
 Courts.] 
 MuLLER, R. UND HiRscii, W. Gewerbegcrlchte und 
 Einigungsamter in Deutschland und England. 
 Leipzig, 1892. 
 
 Morgan, B, H. The prevention of strikes and lock- 
 outs. Engineering Times, May and June, 1902. 
 
 MoRUANGE, S. £tude sur les Conseils des Prud'hommes 
 suivie d'un avant-projet de la loi ri^organique. 
 Bruxclles, 1849. 
 
 MoRissEAUX. C. Conseils de I'Industrie et du Travail. 
 Bruxelles, 1890.
 
 BIBLIOGRAPHY. 217 
 
 MoRSBACH, T. Die Pariser Gewerbesyndikate. Jena, 
 
 1878. 
 MosEiEY, E. A. Arbitration as Applied to Railway 
 Corporations and their Employees. Transporta- 
 tion, 1893, 
 MosELY Industrial Commission, Reports of the 
 Delegates of the. Manchester, 1903. 
 [The reports give the impressions of Trade Unionista 
 about Conciliation and Arbitration in general, 
 and about the National Civic Federation of 
 America in particular.] 
 MuGDAN, — . UND CuNo, — . Gewerbegcrichtsgesetz vom 
 
 29 Juli, 90. Text mit Anmerkungen. Berlin. 
 MuN, A. DE. Graves, Arbitrage et Syndicats. Reforme 
 
 Sociale. May, 1901. 
 MuNDELLA, A. J. Arbitration and Conciliation in 
 the Settlement of Disputes. Transactions of the 
 National Association for the Promotion of Science. 
 1808. 
 
 Arbitration as a means of preventing Strikes. 
 
 Bradford, 18(38. 
 
 MuNROE, J. E. C. Sliding Scales in the Coal Industry. 
 Proceedings of the British Association, 1885. 
 
 Sliding Scales in the Coal and Iron Industries 
 
 from 1885 to 1889. Manchester, 1890. 
 
 Sliding Scales in the Iron Industry. Journal 
 
 of the Manchester Statistical Society, 1885. 
 
 National Civic Federation of America, Report of 
 the Industrial Conference held under the auspices 
 of the. New York, December 16th and 17th, 1901. 
 New York, 1902. 
 
 [This report has also been published under the 
 title of " Industrial Conciliation," New York, 
 1902, in Putnam's " Questions of the Day 
 Series." An account of the foundation of the 
 National Civic Federation will also be found 
 in this Report.]
 
 218 BIBLIOGRAPHY. 
 
 National Civil Fedkkation of Amkric \—continuid. 
 
 Report of tlie Industrial Conference held under 
 
 the auspices of. New York, December 8tli, 'Jth, 
 and luth, VM2. New York, li)U.i. 
 
 Monthly Review. 
 
 [This pu})liration of the National Civic Federation 
 has appcareil irrej^'ularly since April, lUO.'J.J 
 New Sotth Walks. Rt>port of the Royal Commission 
 
 on Strikes, together with Conciliation and Literary 
 
 Appendices, Sydney, 181) L 
 
 [The appendices show the position of Industrial 
 Conciliation and Arbitration in various coun- 
 tries at the time the Report was made, and al.so 
 contain a comjjilation of bibliographies on 
 labour f|Ut'stions.] 
 
 Industrial Arbitration Reports and Records. 
 
 Vol. I. Sydney, IWJ. 
 
 Vol. II. In si.x parts. Sydney, 1903. 
 Vol. III. Part 1. Sydney, l'J04. 
 
 Manual of the Trade Disputes, Conciliation and 
 
 Arbitration Act of 1802. Sydney, 18«)2. 
 New York State Board of Mediation and .\RniTRA- 
 TioN, Reports of the. Annually since 1887. 
 [These Reports frequently reprint recent American 
 
 and foreign laws and reports.] 
 New Zealand. Awards and Recommendations of 
 the New Zealand Arbitration Tribunals. Welling- 
 ton, 19(X), lUUl, 1W2 and I'JO;]. 
 [These publications contain only what has already 
 
 appeared in the Journal of the New Zealand 
 
 Department of Labour J\ 
 New Zealand Compulsory Conciliation and Arbi- 
 tration Law, Report of the New South Wales Royal 
 Commission of Inquiry into the working of. 1901. 
 [This report, made by Judge Alfred P. Backhouse, 
 
 is one of the most valuable there are on the 
 
 subject. It is favourable to Compulsory 
 
 Arbitration.]
 
 BIBLIOGRAPHY. 219 
 
 New Zealand Department of Labour, Journal of 
 the. Wellington. Monthly since 1892. 
 [The Journal contains details of the various cases 
 tried under the Industrial Conciliation and 
 Arbitration Act, j 
 
 Reports of the. Wellington. Annually since 1892. 
 
 Newton, W. Masters and Workmen; Evidence... 
 before a Select Committee... of the Causes of 
 Strikes and the Desirability of Establishing Equit- 
 able Councils of Conciliation. London, 1856. 
 
 North, S. N. D. Industrial Arbitration, its Methods 
 and its Limitations. Quarterly Journal of Econo- 
 mics, July, 189G. 
 
 Oppeniieim, H. B. Gewerbegerichte und Kontrakt- 
 bruch. 187L 
 
 Ortstatut fiir die Stadt Berlin betr. das Gewerbegericht 
 zu Berlin. Berlin, 1893. 
 
 Otte, — . Die Gewerbegerichte und Einigungsamter. 
 Halle, 1891. 
 
 Pabst, G. Gewerbegerichte. Statistisches Jahrbuch 
 deutscher Stadte, 1895. 
 
 Paillottet, — . Des Conseils de Prud'horames. Jour- 
 nal d' Economie, November, 1847. 
 
 Pannier, — . Deutsches Reichsgesetz betr. die Gewer- 
 begerichte vom 29 Juli, 90. Text-Ausgabe mit An- 
 merkungen. 4 ed. Leipzig, 1890. 
 
 Parsons, F. Compulsory Arbitration. Arena, March, 
 1897. 
 
 The Abolition of Strikes and Lockouts. Arena, 
 
 January, 1904. 
 
 [The writer deals mth New Zealand Compulsory 
 Arbitration very favourably.] 
 
 The Story of New Zealand. 
 
 Passy, E. L' Arbitrage et la Greve. Journal des 
 
 Economistes, 1890. 
 Payen, F. Une tentative recente de 1' organisation du 
 
 travail : les Conseils d'Industrie et du Travail en 
 
 Belgique. Paris, 1899.
 
 220 nilUJOORAPHY. 
 
 Pennsylvania. liuroau of Industrial Stutistica. 
 
 Seventh Annual Koport. 187H-9. Chapter on 
 
 Arbitration and Conciliation. 
 Pkronnet, C. La Conciliation et I'Arhitrago en raatitJre 
 
 d«? conrtitvS collectif.H entre patrons et ouvriers ou 
 
 eniployt^s. Paris, 1K97. 
 Pkters, J. P. (oditor). labour an<i Capital. New York, 
 
 [\ collection of articli'S, which are given separately, 
 under the heads of the different authorH.] 
 PuiLirPOVK'H, E. v. Arheiterau.schii.s.Ho nnd Kinij^ung.s- 
 uMitcr in Ostreich. Archiv fur iSozialc Uesdz- 
 gebumj, IH'Jk 
 
 Arbeiterau.Hchiis.so und Kinigungsunitcr in Os- 
 
 treich. Handelsmusouni, 1895. 
 
 PowDERLY, T. V. Strikes and Arl)itr.i(n<n. .\orth 
 
 American lin'ieic, May, 188G. 
 Powell, (J. M. Strikes, Ijockout.s and Arbitration. 
 
 Cetxtury, April, 1886. 
 Potter, H. C. Labour Unions and Arbitration. 
 
 Peters, Labour and Capital. New York, 1902. 
 Prennkr, J. See Menzinger, L. 
 Probiviri Industriali. Inchiesta per la riforma 
 
 doUa legge 15 giugno, 1893. Ulficio del Lavoro, 
 
 Roma, 1904. 
 Price, L. L. Arbitration between Employers and 
 
 Employed. Palgrave'a Dictionary of Political Econ- 
 omy, I. 51. 
 
 Conciliation in the Cotton Trade. Economic 
 
 JoiirntU, June, 19i)l. 
 
 Consoilsdes Prud'hommos. Palgrave's Dictionary 
 
 of Political Economy, I. :i89. 
 
 Industrial Conciliation : a Retrospect, Economic 
 
 Journal, 1898. 
 
 Industrial Peace. London, 1887. 
 
 Position and Prospects of Industrial Conciliation. 
 
 Journal of the Statistical Society, September, 18iM).
 
 BIBLIOGRAPHY. 221 
 
 Price, L. L. Relations between Industrial Conciliation 
 and Social Reform. Journal of the Statistical 
 Society, June, 1890. 
 
 Review of Ashley's Adjustment of Wages. 
 
 Economic Journal, September, 1903. 
 
 Sliding Scales and Economic Theory. Report of 
 
 the British Association, 1889. 
 
 Racca, V. L' Arbitrage et la Concihation en Itahe. 
 Paris, 1903. 
 
 L' Arbitrage ct la Concihation en Italic. Musce 
 
 Social, September, 1903. 
 
 Rae, J. The growth of Industrial Peace. Contern- 
 
 iwrary Review, 1902. 
 Raynaud, B. Le contract collectif de travail. Paris, 
 
 1901. 
 Reed, C. A. Compulsory Arbitration. A Reply. 
 
 Arena, 1893. 
 
 [The writer's reply is to Dr. Abbott's article in 
 the Arena, in favour of compulsory arbitration, 
 December, 1892.] 
 Reed, W. A. Conciliation and Arbitration in Massachu- 
 setts. Peters, Labour and Capital. New York, 
 
 1902. 
 Reeves, W. P. Compulsory Arbitration at Work. 
 
 Contemporary Review, November, 1897. 
 
 Die obUgatorischen Schiedsgerichte in einigen 
 
 engUschen Colonien. Archiv Jiir Soziale Gesetzge- 
 bung, 1897. 
 
 Introduction to H. D. Lloyd's " A Country with* 
 
 out Strikes." New York, 1900. 
 
 New South Wales Industrial Arbitration Act. 
 
 Economic Journal, September, 1902. 
 
 The Long White Cloud. London, 1898. 
 
 State Experiments in Austraha and New Zealand. 
 
 London, 1902. 
 
 The Working of Compulsory Arbitration in Labour 
 
 Disputes. National Review, XXX.
 
 222 RlFUJOrm\PHY. 
 
 Reeves, VV. 1'. See uuder The Times. 
 
 [The iiuthor, to wlutm New Zealand Compulsory 
 Arhitriition owes its ori^'iii, is imturally strongly 
 in fiivour of it. He ileuls with it at the greatest 
 length in his recent hook, State Exp^rinionts 
 in Australia ami N(!W Zfaland. Vol. II. 
 pp. Gy-181.J 
 Rkichei,, il. Das tJtnvfrl.cgciicht. Herridiut, 1898. 
 Kenals, E. On Arbitration in the Hosiery Trades of 
 the Midland Counties. Journal of the SUUistical 
 Society, 1H()7. 
 Reno.O. Arbitration and the Wage Contract. Ameri- 
 can Iaiw Review, Vol. UO. 
 
 Industrial Courts to administer Industrial Justice. 
 
 Peters, Labour and Capital. New York, 1W2. 
 [The author is in favour of compulsory arbitration.] 
 Renouard, a. Consoils des Prud'hommes. Say's 
 
 Dictionnaire d'Economio Politique. 
 Renton, a. \V. Arbitration and Conciliation in Labour 
 Disputes. Encydopcedia Britannica, 10th edition, 
 London, 1901. 
 Review of Reviews. January, 1893. Report of the 
 New South Wales Royal Commission on Strikes. 
 
 October, 1897. The first steps to end industrial 
 
 strife. 
 Revue du Travail. Monthly. 
 
 [This pubUcation of the Belgian Department of 
 Labour gives information with regard to the 
 Councils of Industry and Labour.] 
 RiCKERT, H. Das gewerbhchc Schicdsgericht. Dan- 
 zig, 1874. 
 RiGG, J. Speech dehvered by, in the Legislative Council 
 of New Zealand, November 3, 1898, on the 
 Industrial Concihation and Arbitration Bill. Wel- 
 lington, 1898. 
 
 Ryan, D. J. Arbitration between Capital and Labour. 
 Columbus, 1885.
 
 BIBLIOGRAPHY. 223 
 
 Ryan, J. A. A Country without Strikes. Catholic 
 
 World, November, 1900. 
 Sabin, J. Die deutschen Gewerbegerichte. Die Gegen- 
 
 wart, 1895. 
 Samuelson, J. Boards of Conciliation and Arbitra- 
 tion for the Settlement of Labour Disputes. Lon- 
 don, 1891. 
 Boards of Conciliation in Labour Disputes. A 
 
 Short Address to the Artisans and Labourers of 
 
 Liverpool. Liverpool, 1892. 
 Sanderson, F. R. Industrial Arbitration in New 
 
 South Wales Juridical Review, December, 1902. 
 Sargent, F. P. Voluntary Arbitration : The Obstacle 
 
 to Arbitration. Peters, Labour and Capital. New 
 
 York, 1902. 
 Sarrizin, T. Code pratique des prud'hommes, conten- 
 
 ant le texte et I'expUcation des lois et des dccrets 
 
 relatifs aux prud'hommes et a leurs justiciables. 
 
 4th edition. Paris, 1885. 
 Sauvalle, M. La loi de conciliation. Guide du 
 
 Conciliateur. Montreal, 1899. 
 Schindler, S. Compulsory National Arbitration. 
 
 Arena, February, 1893. 
 ScHippEL, M. Die deutschen Arbeiter und das Gewerbe- 
 
 gerichtsgesetz. Berlin, 1890. 
 ScLOSS, D. F. State Promotion of Industrial Peace. 
 
 Economic Journal, 1893, p. 318. 
 ScHMiD, F. Wirksamkeit der Gewerbegerichte und 
 
 ihre Fortbildung. OstreicJdsche Statistische Monats- 
 
 schrift, 1889. 
 ScHMiTZ, P. Die koniglichen Gewerbegerichte in der 
 
 Rheinprovin^. Dusseldorf, 1894. 
 
 SCHRIFTEN DES VeREINS FUR SOZIALPOLITIK. Lcip^Sig, 
 
 1874. 
 Schulze, J. Bemerkungen iiber die Einrichtung von 
 Schieds-und Einigungsamtern. Schrif ten des Vereins 
 filr Sozial Poliiik, II. Leipzig, 1873.
 
 224 BIBLIOGRAPHY. 
 
 ScHULZE, — . V. Uber Schiedsvertrage der Arbeitgebcr 
 
 und Arbeitnehmer. Archiv fiir Soziale Geselzge- 
 
 bung, 1900. 
 Schulze-Gaevernitz, G. v. Vcrmeidung und Beilegung 
 
 von Arlx'itsstrcitigkeiten in England. SchmoUer's 
 
 Jahrburh, 188i>. 
 
 Ziiin .Sozialen Fricdeu. Leipzig, 1890. 
 
 ScHWiEDLAND, E. Un projct dc loi fran^ais sur les 
 
 8oi-disant conseils dc conciliation. Revue d^ Econo- 
 mic Politique, 189G. 
 Seilhac, L. de. La CJKvc ct I'Arbitrage. Le Carres- 
 fondanl, December, 1902. 
 
 Les Greves. Paris, 1903. 
 
 Siegfried, A. La Democratie en Nouvelle-Zelande. 
 
 Paris, 1901. 
 
 [" This is undoubtedly written with great ability, 
 and the chapters devoted to the arbitration laws 
 appear to me accurate and impartial, if some- 
 what chilly." W. P. Reeves.] 
 
 Une cuquete. . . sur la Nouvelle-Zelande. Revue 
 
 Politique et Parlementaire, Jan., Feb. and Mar., 1900. 
 
 Sladen, L. B. The London ConciUation Boaid. Econ- 
 omic Review, April, 1893. 
 
 Sliding Scales, Particulars of. Past, present and 
 proposed scales. Published by the Lancashire 
 Miners' Federation, Manchester, 1886. 
 
 Smart, H. R. Miners' Wages and SUding Scales. 
 Glasgow, 1894. 
 
 Smart, W. SUding Scales. Palgrave's Dictionary oi 
 Pohtical Economy, III. 410. 
 
 SUding Scales. Studies in Economics. London, 
 
 1895, pp. 63-106. 
 
 Sombart, W. Das itaUenische Gesetz betr. die Einsetz- 
 
 ung von Probi Viri. Archiv fiir Soziale Gesetz- 
 
 gebung, VI. 594. 
 Spire, M. A. ConciUation et arbitrage facultatifs ou 
 
 obUgatoires. Revue Politique et Pafliamentaire. 
 
 Aug. 1896.
 
 BIBLIOGRAPHY. 225 
 
 Spyers, T. G. The Labour Question. London, 1894. 
 
 [An epitome of the evidence collected and the 
 recommendations made by the Royal Commis- 
 sion on Labour.] 
 Stahl, J. M. Compulsory Arbitration : the Innocent 
 
 Public. Peters, Labour and Capital. New York, 
 
 1902. 
 
 [The Author is unfavourable to compulsory arbitra- 
 tion.] 
 Standard Piece Rates of Wages in the United 
 
 Kingdom, Reports on, 1893 and 1900. 
 
 [These reports contain a detailed account of the 
 Sliding Scales in the United Kingdom.] 
 Standard Time Rates of Wages in the United 
 
 Kingdom, Reports on, 1893 and 1900. 
 
 [These reports contain a list of the working rules 
 and other documents, exclusive of Piece Rate 
 Lists, regulating wages, hours of labour and 
 other working conditions in existence in 1893 
 and 1900, as far as they were known to the 
 Department of Labour.] 
 
 StATISTIQUE DES GREVES ET DES RECOURS a la CONCILIA' 
 
 TiON ET A l'arbitrage. Office du Travail. 
 Annually since 1893. 
 
 [Figures are given here showing the work of the 
 Act of 1892.] 
 STATUTES, ETC. 
 
 Belgium.— The law of March 18, 1806. 
 April 9, 1812. 
 February 7, 1859. 
 August 16, 1887. 
 July 31, 1889. 
 November 20, 1896. 
 Canada. — Conciliation Act, 1900. 
 England.— 43 Geo. III. Ch. 151 (1803). 
 5 Geo. IV. Ch. 96 (1824). 
 
 7 Will. IV. and 1 Vict. Ch. 67 (1837). 
 
 8 and 9 Vict. Ch. 77 (1845). 
 
 <4
 
 226 HIBUOGRVPIIY. 
 
 STATUTES, Ere— con/ j/med. 
 England — continued. 
 
 8 and 9 Vict. Ch. 128 (1845). 
 30 and .-il Vict. Ch. lOo (18G7). 
 35 and 30 Vict. Ch. 40 (1872). 
 38 and 3<J Vict. Ch. 00 (1875). 
 59 and 00 Vict. Ch. 30 (1890). 
 France.— The hiw of March 18, 1800. 
 August 7, 1850. 
 Juno 1, 1853. 
 June 1, 1804. 
 February 7, 1880. 
 February 23, 1881. 
 November 24, 1883. 
 December 10, 1884. 
 December 27. 1892. 
 Germany.— The law of February 2, 1849. 
 The Industrial Code, 1809. 
 The law of Julv 29, 1890. 
 The law of September 29, 1901. 
 New South Wales. — Industrial Conciliation and 
 Arl)itration Act, 1892. 
 Industrial Conciliation and 
 
 Arbitration Act, 1899. 
 Industrial Conciliation and 
 
 Arbitration Act, I'.HX). 
 Industrial Arbitration Act, 
 1901. 
 New Zealand. — Industrial Conciliation and Arbi- 
 tration Act, 1894. 
 Industrial Conciliation and Arbi- 
 tration Amendment Act, 1895. 
 Industrial ConciUation and Arbi- 
 tration Amendment Act, 1890. 
 Industrial Conciliation and Arbi- 
 tration Amendment Act, 1898. 
 Industrial Conciliation and Arbi- 
 tration Act, 1900.
 
 BIBLIOGRAPHY. 227 
 
 STATUTES, Ere— continued. 
 New Zealand — continued. 
 
 Industrial Conciliation and Arbi- 
 tration Amendment Act, 1901. 
 Industrial Conciliation and Arbi- 
 tration Amendment Act, 1903. 
 South Australia. — Conciliation Act, 1894. 
 Switzerland. — 
 
 Geneva.— Law of February 10, 1900. 
 United States op America. — Act of Congress, 
 1898, Ch. 370. 
 Connecticut. — 1895 Ch. ccxxxix. 
 Illinois. — Act approved, August 2, 1895. 
 
 April 12, 1899. 
 July 1, 1901. 
 Indiana.— 1897, Cli. 88. 
 1899, Ch. 228. 
 Massachusetts. — 1886, Ch. 203. 
 
 1887, Ch. 269. 
 
 1888, Ch. 261. 
 1892, Ch. 382. 
 
 1901, Ch. 106. 
 
 1902, Ch. 446. 
 Michigan.— 1889, No. 238. 
 Minnesota.— 1895, Ch. 120. 
 New Jersey.— 1892, Ch. 137. 
 
 1895, Ch. 341. 
 New York.— 1901, Ch. 9. 
 Ohio.— Act of March 14, 1893. 
 April 27, 1896. 
 Wisconsin.— 1895, Ch. 364. 
 Western Australia. — Industrial ConciUation and 
 
 Arbitration Act, 1900. 
 Industrial ConciUation and 
 Arbitration Act, 1902. 
 Stieda, W. Das Gewerbegericht, Leipzig, 1890. 
 
 Das Reichsgesetz betr. die Gewerbegerichte 
 
 JaJirbuch fiir Nationalokonomie und Statistik, 1891. 
 
 Q2
 
 228 lUTUJOORATHY. 
 
 SriEDA, W. Einigunpiamtor, HanJwortcrbuch <lcr 
 Staatswi.s«en8ohiift<Mi. Jma. !'.H)0. HI. :VM]-i'J. 
 
 Gewerbet^erichto. Haiulwortorhuch dcr Stuats- 
 
 wissonschaften. Jena, I'.KX). IV. :i'J3-410. 
 
 Stimson.F. J. The National ArhitnitionLaw inthe United 
 Statt's. I ntermUiofuiI Journal of Ethics, July, I8l)8. 
 
 Stonk, W. a. CA)mpulsory Arbitration. Independent, 
 Si'ptoniber 18, l'J<)2. 
 
 Strai's, O. S. K<'sult.s ar(om]>li.shotl [in .\rbitration] 
 by the Industrial I)t'i);irt,nn'nt, National Civic 
 Fed»'ration. Annals of the American Academy, 
 July. r.K)2. 
 
 Streiks UNI) .Vi'sspFRRUNOEN. Statistik dca Deutachcn 
 Heichs. Annually since 18UI). 
 [These Hrports contain fi^^jres showing the amount 
 of Conciliation taking? place in fJermany.] 
 
 Strikes and Lockouts, Reports on. .Vnnuallv since 
 1888. 
 
 [These Reports give information with regard to 
 strikes and lockouts 8cttle<l by Arbitration and 
 Conciliation ; the work of permanent boanls 
 of Conciliatio!! and Arbitration ; a detailed 
 statement of the work of Trade, (Jeneral 
 and District Boards and the texts of certain 
 agreements and awards terminating disputes.] 
 
 Taranaki, J. See Whitecomb, C. D. 
 
 Thomas, K. Les Conseils des Prud'hommes, leur 
 histoire ct leur organisation. Paris, 1888. 
 
 Thomas, (J. P. Compulsory Arbitration; is it feasible ? 
 London. 1900. 
 
 TIMES, THE. In December, 1808, a letter was written 
 to The Times by the Bishop of Hereford, criticis- 
 ing a speech delivered by Mr. Ritchie, President of 
 the Board of Trade, to a deputation from the Parlia- 
 mentary Committee of the Trades Union Congress. 
 The Bishop expressed his belief in Compulsory 
 Arbitration and in its feasibility for England. 
 On December 28th, 1898, The Times opposed
 
 BIBLIOGRAPHY. 229 
 
 TIMES, THE— continued. 
 
 Compulsory Arbitration in a leader, and a long 
 
 correspondence on the subject was published in 
 
 the paper. The following wrote letters : — 
 
 A Layman. — December 28th, 1898. 
 
 Another Layman. — January 3rd, 1899. 
 
 Aldis, W. S. — December 28th, 1898, January 
 
 4th, 7th, Uth, 17th, and 24th, 1899. 
 Argyll, Duke of. — January 28th, 1899. 
 Brown, B. C— January 17th, 1899. 
 BoucHERETT, E. Jessie. — January 9th and 24th, 
 
 1899. 
 Boulton, S. B.— December 30th, 1898. 
 Grace, J. D.— January 14th, 1899. 
 Cree, T. S.— January Uth, 1899. 
 Dunell, G. R. — December 31st, 1898. 
 Fry, Sir Edward. — December 28th, 1898, and 
 
 January 11th, 1899. 
 Hereford, Bishop of. — December 23rd, and 
 
 28th, 1898, and January Gth, 1899. 
 Medway, Lord. — December 27th, 1898. 
 Millar, F.— January 17th, 1899. 
 Monkswell, Lord. — January 6th, 1899. 
 New Zealander. — December 26th, 1898. 
 Provand, a. D. — January 9th, 1899. 
 " R."— January 2nd, 4th, and 7th, 1899. 
 Reed, E. J.— December 29th, 1898. 
 Reeves, W. P. — December 31st, 1898, and January 
 
 Gth, 9th, and 19th, 1899. 
 " Senex." — January 3rd, 1899. 
 Thistle, T.— January 3rd, 1899. 
 Times Labour Correspondent. — December 29th, 
 
 1898. 
 Trevelyan, C. — December 31st, 1898. 
 
 Verney, F. — January 14th, 1899. 
 Wigram, H. F.— January 3rd, 1899. 
 Williams, J. S.— January 24th, 1899. 
 "X."— January 3rd, 1899.
 
 230 BIBLIOCrllArm. 
 
 Trade Unions, Reports of the Royal Commission on. 
 I8r)3. 
 
 [The chief things to consult in these reports are the 
 evidence given by Jiulge Rupert Kettle, qq. 
 6985-7231 (4th Report, i)p. 25- il.) and the 
 various answers to a set of nine qucstiDUB 
 dealing with arbitration, which will bo found 
 in the 11th and Final Report.] 
 Trades Union Conguess, Reports of the. Annually 
 
 since 1807. 
 Ulrich, — . Die Arbeitcrausstande und der Staat. Jahr- 
 
 buck fur NiUionalnkonomie und Statistik, 1889. 
 Victoria. RejwDrt of the Royal Commission appointed 
 to investigate and report on the operation of the 
 Factories and Shops law of Victoria. Melbourne, 
 HK)3. 
 
 [The law referred to is the one which established 
 Wages Boards in Victoria and among other 
 things the Commission investigated the working 
 of compulsory arbitration in New Zealand 
 and New South Wales, of which they give a 
 very favourable account.] 
 Victoria Industrial Commission. — See A. F. Weber. 
 ViGOUROUX, L. L'Evolution Sociale en Australasie. 
 Paris, 1902. (Bibliothequc du Musee Social.) 
 [The work is an excellent economic history of 
 Australasia, which the author visited for 
 eight months during 1898.] 
 VoLTA, R. DALLA. L' Arbitrate negli Scioperi. 
 Bologna, 1903. 
 
 L'arbitrato degli scioperi. Giornale degli Econo- 
 
 misti, June and July, 1903. 
 
 Walcker, C. Die Bcrgarbeiter Strikes und die 
 Einigungsamterfrage. Die Gegemvart, 1889. 
 
 Die Verhiitung und Beilegung von Streiks. 
 
 Munchen, 1892. 
 
 Walker, H. de R. Australasian Democracy. Lon- 
 don, 1897.
 
 BIBLIOGRAPHY. 231 
 
 Waterlot, G. Dc la conciliation et de I'arbitrage. 
 
 Paris, 1897. 
 Watson, R. S. Boards of Arbitration. 
 
 Compulsory or Voluntary Conciliation. Iron- 
 
 workers' Journal, June, 1895. 
 
 The Difficulties of Arbitration. Proceedings of 
 
 the British Association for the Advancement of 
 Science. 1889. 
 
 The Peaceable Settlement of Labour Disputes. 
 
 Contemporary Review, May, 1890. 
 
 Webb, S. & B. Arbitration in Labour Disputes. Nine- 
 teenth Century, November, 1896. 
 
 Industrial Democracy, 2 ed. London, 1902. 
 
 [The Introduction to the 1902 edition contains 
 the authors' opinion of New Zealand Compul- 
 sory Arbitration, to which they are favourable.] 
 
 History of Trade Unionism, London, 1902. 
 
 Weber, A. F. The Report of the Victorian Industrial 
 Commission. Quarterly Journal of Economics, 
 August, 1903. 
 
 Weeks, J. D. Industrial Conciliation and Arbitration 
 in New York, Ohio and Pennsylvania. Boston, 
 1881. 
 
 Labour Differences and their Settlement. A 
 
 plea for arbitration and conciliation. New York, 
 1886. (Economic Tracts, No. XX.) 
 
 Report on the practical working of Arbitration 
 
 and Conciliation in the settlement of differences 
 between employers and employees in England. 
 Harrisburg, 1879. 
 
 [This is perhaps the most convenient source of 
 information for English arbitration and con- 
 ciliation up to the end of the " seventies."] 
 Weiler, J. La conciliation industrielle et le r6le des 
 meneurs. Bruxelles, 1892. 
 
 La gr^ve de Mariemont et les conseils de con- 
 ciliation et d'arbitrage. Journal d'Economie, May 
 1889.
 
 232 BIBLIOGRAPHY. 
 
 Weiler, J. L'arbitragc ontro pjitrons et ouvriers ; Icttre 
 a M. F. Passv, cxtniit du Journal des Economistes. 
 Bnixdles-Paris, 181)0. 
 
 L'arbitra^o industricl dovant la science cco- 
 
 nomique. Morlanwetz, 1891. 
 
 L'csprit d'autorite ct la conciliation industriellc. 
 
 BruxoUes, 1894. 
 
 L'e.s])rit dcs institutions ouvrieres de Mariemont. 
 
 Bruxellos, 1888. 
 
 L'or^anisation dos conseils d'arbitrage etablis 
 
 en Angleterre. Paris- Bruxelles, 1877. 
 
 Nccessite do la conciliation indiustriolle. Bru- 
 
 xcllcs-Paris, 1890. 
 
 Vivons-noussur UM vul( ,111 ( Paris- Bruxellcs, 1893. 
 
 Western Australia. Reports of Prococdings before 
 
 tin' Boards of C'oiiciliaf ion and the Court of 
 Arbitration. Vol. I., 1901-190:3 ; Vol. II., 190.i. 
 
 White, II. As to Cloniituisory Arbitration. American 
 Federationisl, February, 1901. 
 
 Compulsory and other Arbitration. Nation, 
 
 June 121, HMK). 
 
 Whitecomb, C. I), and TAr.ANAKi, J. Conciliation 
 and Arbitration. Sydney, 1890. 
 
 Williams, H. M. Legislation for Labour Arbitration. 
 Quarterhj Journal of Economics, October, 1886. 
 
 AViLLOuoHDY, F. W. Industrial Arbitration and Con- 
 ciliation. Monographs on American Social Econo- 
 mics. X. 1900. 
 
 L'arbitrage et la conciliation aux Ktats-Unis. 
 
 Mus('e Social, September, 1901. 
 
 State Activities in Relation to Labour in the 
 
 United States. Baltimore, 1901. (John Hopkins 
 University Studies). 
 
 WiLLOUGHBY, W. W. Compulsory Arbitration of 
 Labour Disputes. World to-day, December, 1902. 
 
 Wilson, J. Arbitration between Employers and Em- 
 ployed in Strikes and Lockouts. Transactions of the 
 National Association for the Promotion of Science, 
 1865.
 
 BIBLIOGRAPHY. 233 
 
 Wise, B. R. New South Wales Industrial Arbitration 
 Act. Naiional Review, August, 1902. 
 
 Speech when moving the Second Reading of 
 
 the Arbitration BiD. Sydney, 1900, 
 
 "WTiat I Expect from the New South Wales 
 
 Industrial Arbitration Act. Review of Revievjs 
 (Australia), December, 1901. 
 
 [The author is the founder of the New South Wales 
 Compulsory Arbitration Act and is naturally 
 in favour of it.] 
 WoLTER, — . Mitteilungen iiber das Gewerbegericht 
 
 zu Magdeburg. Magdeburg, 1851. 
 Wright, C. D. Compulsory Arbitration an Impossible 
 Remedy. Forum, May, 1893. 
 
 Industrial Arbitration in Congress. GurriorCs 
 
 Magazine, April, 1898. 
 
 Industrial ConciUation and Arbitration. Boston, 
 
 1881. 
 
 Objections to Compulsory Arbitration. Peters, 
 
 Labour and Capital. New York, 1902. 
 
 The Amalgamated Association of Iron and Steel 
 
 Workers. Quarterly Journal of Economics, July, 
 1893. 
 
 The National Amalgamated Association of Iron, 
 
 Steel and Tin Workers, 1892-1901. Quarterly 
 Journal of Economics, November, 1901. 
 
 [The author, who is United States Commissioner 
 of Labour, is strongly opposed to Compulsory 
 Arbitration.] 
 
 "Z." Compulsory Arbitration. Economic Journal, 
 March, 1899. 
 
 Zahn, F. See Arbeitseinstellungen. 
 
 Zede, — . Contestations entre patrons et ouvriers, 
 chefs de maisons et employes de commerce, maitres 
 et domestiques. Leur guide pratique devant les 
 justices de paix et les conseils des prud'hommes. 
 Paris, 1887. 
 
 Zeller,A. Die Gewerbegerichte. Die Gegenivart. IS^O.
 
 INDEX. 
 
 (An 'u' a/ler a number indicates footnoic.) 
 
 Adams, C. F., 97, 98 
 
 Alpers, 0. T. J., 170 
 
 American Industrial Commis- 
 sion, 83—87, 141 
 
 American Legislation, 138 — 
 143 
 
 Apprentices (N. Z.), 154—156 
 
 Arbitration : Attitude of em- 
 ployees, 17—19, 170; Atti- 
 tude of employers, 21, 165 — 
 170; Compulsory: in New 
 South Wales, 171—174 ; in 
 New Zealand, 144 — 171 ; in 
 Western Australia, 174, 175 ; 
 objections to, 91 — 93, 96, 
 97 ; reasons for, 87, 92 ; 
 Confusion with conciliation, 
 26, 27; Definition, 25; 
 Difference between govern- 
 ment and private, 40 — 42; 
 Difference from conciliation, 
 29, 36 ; Difficulties of, 29— 
 32 ; Disputes suitable for 
 settlement by, 8 ; Govern- 
 ment: in Belgium 131 — 134 ; 
 in Denmark, 136—138; in 
 France, 116 — 125; in Ger- 
 many, 125 — 131 ; in Italy, 
 134—135; in New South 
 Wales, 171—174; in New 
 Zealand, 144 — 171 ; in 
 South Australia, 174, 175 ; 
 in the United Kingdom, 99 
 — 115 ; in the United States, 
 138—143 ; in Victoria, 175, 
 176 ; in Western Australia, 
 175; Private: in Belgium, 
 
 81 ; in France, 81 ; in Ger- 
 many, 81 ; in the United 
 Kingdom, 45 — 65 ; in the 
 United States, 73—81 ; 
 Voluntary asjopposed to com- 
 pulsory, 87—97 
 
 Arbitration Act 1824, 48, 100 
 —102 
 
 Arbitrator, 28—30, 40 
 
 Associated Chambers of Com- 
 merce, 105 
 
 Auckland, 191, 192 
 
 Australia, 175 
 
 Awards : Basis of, 32 ; En- 
 forcement of, in New Zea- 
 land, 149, 161, 170; En- 
 forcement of, under 5 Geo. 
 iv. c. 96, 48 n. ; Enforce- 
 ment of, under guarantee 
 fund, 60, 61 ; Opinion of 
 American Industrial Com- 
 mission, 85, 86 ; Repudia- 
 tion of, 19, 20, 34, 42 
 
 Backhouse, Judge A. P., 171, 
 172 
 
 Barnes, Geo. N., 77 
 
 Bascoup, Chamber of Explana- 
 tions of the Colliery of, 81 
 
 Basis of Arbitration awards, 
 32 
 
 Belgium : Councils of Industry 
 and Labour, 132—134 ; 
 Councils of Prud'hommes, 
 131, 132 ; Legislation, 131— 
 134 ; Private Conciliation 
 and iUbitration, 81
 
 236 
 
 INDEX. 
 
 Board of Trade, 31, 40, 41, 43, 
 90, 106, 108, 109, 112, 113 
 
 Boards of Arbitration and 
 Conciliation : Boot and Shoe 
 Industry, 60, 61 ; Building 
 trades, 47, 48 ; Coal in- 
 dustry, 56 — 58, ; Cotton 
 industry, 62 — 64 ; Hosiery 
 trade, 46, 47 ; Iron in- 
 dustry, 59, 60 ; Lace trade, 
 61, 62; Silk industry, 45; 
 Shipbuilding, 60 
 
 Boot and Shoe industry, 20, 60, 
 61, 164 
 
 Boulton, S. B., 104 
 
 Bower man, C W., 18 
 
 Brassey, Lord, 30 
 
 Brooklands Agreement, 61, 63 
 
 Building Trade of Wulver- 
 liampton, 47, 48 
 
 Building Trades, 114 
 
 California, 139 
 
 Canterbury, 191, 192 
 
 Carpet- weaving industry, 45 
 
 Causes of disputes, 14 — 16 
 
 Challaye, F., 164 
 
 Chamberlain, J., 30 
 
 Chambers of Commerce, Con- 
 gress of, 105 
 
 Changes in rates of wages, 182, 
 183, 185 
 
 Changes in the hours of labour, 
 184 
 
 Chapman, Justice, 165 
 
 Chicago Board of Arbitration, 
 79—81 
 
 Christchurch, 168, 169 
 
 Civic Federation of America : 
 Arbitration, 74 ; Attitude 
 towards compulsory arbitra- 
 tion, 96 ; Basis of the, 78, 
 79 ; Conciliation, 74 ; Es- 
 tablishment of the, 73 ; 
 Executive Committee, 74 ; 
 Opinion of English trade 
 unionists on the, 75 — 77 
 
 Civic Federation of Chicago, 73 
 
 Clark, V. S., 163, 169 
 
 Coal industry, 56 — 59 
 
 Collective Bargaining, 25, 26 
 
 CoUegi di Probi Viri, 135 
 
 Colorado, 139 
 
 Combination Acts, 4 
 
 Compulsory Arbitration : Atti- 
 tude of employers, 165 — 
 170; Attitude of labour, 
 94, 95, 170 ; Attitude of the 
 Civic Federation, 96 ; Atti- 
 tude of Wright, C. D., 90— 
 92; Definition, 83; In 
 AustraUa, 175 ; In New 
 South Wales, 171—174; In 
 New Zealand, 144—171 ; 
 In South AustraUa, 175 ; In 
 Victoria, 175, 176; In 
 Western Australia, 174, 
 175; Objections to, 91 — 93, 
 96, 97 ; Opinion of American 
 Industrial Commission, 87 ; 
 Reasons for, 87, 92 ; Recent 
 origin of, 82 
 
 Concihation : Advantages of, 
 27, 28 ; Confusion with Ar- 
 bitration, 26, 27 ; Defini- 
 tion, 25 ; Difference from 
 arbitration, 29, 36 ; Educa- 
 tional influences, 27, 28 ; 
 Future of, 186—188 ; Justi- 
 fication of, 23, 24 ; Prefer- 
 able to arbitration, 34 — 36 
 
 Concihation Act, 1896 : Action 
 taken under, 110; Boards 
 registered under, 107, 108 ; 
 Comparison with France and 
 the United States, 111—113; 
 Enactment of, 107 ; Pro- 
 posed amendment of, 114, 
 115; Provisions of, 108, 109; 
 Sources of Application under, 
 109, 110; Trades affected 
 by. 111; Value of, 89, 90; 
 Working of, 109—114 
 Conciliator, 28, 30, 40 
 Connecticut, 139 
 Cooper, Justice, 151 
 Costof Strikes and Lock-outs,23
 
 INDEX. 
 
 237 
 
 Cotton industry, 62, 63 
 
 Councils, Equitable, 102, 103 
 
 Coimcils of Industry and 
 Labour, 132—134 
 
 Councils of Prud'hommes : In 
 Belgium, 131— 132 ; In 
 France, 116—120 
 
 Cummings, D. C, 77 
 
 Dale, Sir David, 30 
 
 Davis, F. L., 58 
 
 Denmark, 115, 136—138 
 
 Difference between arbitration 
 and conciliation, 29 
 
 Difference, Splitting the, 33, 
 58 
 
 Difficulties of arbitration, 29 — 
 32 
 
 Disputes: Causes of, 14 — 10; 
 No. in France, 10 ; Number 
 in Germany, 10; Number in 
 the United Kingdom, 9 ; 
 Number in the United States, 
 11 ; Subject to settlement 
 under the Arbitration Act 
 1824, lOOn. ; Two different 
 kinds of, 8, 116, 134 
 
 District Boards : Nature of, 
 39 ; Number in the United 
 Kingdom, 64 ; Number sett- 
 ling strikes, 55 ; Work of, 52 
 
 Driscoll, J. C, 80, 81 
 
 Dimedin, 168, 169 
 
 Durham Coal Industry, 56 
 
 Dyson, W., 18 
 
 Edinbttrgh Review, 43 
 
 Educational influences of con- 
 ciliation, 27, 28 
 
 Ellison, Judge, 32 
 
 Employees : Attitude towards 
 compulsory arbitration, 94, 
 95, 170 ; Attitude towards 
 voluntary conciliation and 
 arbitration, 17, 18, 19 
 
 Employers : Associations of, 
 21, 22; Attitude towards 
 compulsory arbitration, 165 
 — 170; Attitude towards 
 
 voluntary conciliation and 
 arbitration, 21 
 Enforcement of Awards : 
 Opinion of the American 
 Industrial Commission, 85, 
 86 ; Position of trade unions 
 19, 20 ; Under compulsory 
 arbitration, 149, 161, 170 ; 
 Under 5 Geo. iv. c. 90, 48 ; 
 Under guarantee fund, 60, 61 
 Engineering Strike 1897,13,90 
 Equitable Councils, 102, 103 
 Ewington, F. G., 193—195 
 
 Fair Day's Wage, 1, b, 
 
 Federated Districts, Board of 
 Conciliation of the, 58, 59 
 
 Flynn, T. A., 18 
 
 France : Arbitration law of Dec. 
 27th, 1892, 120—125 ; Com- 
 pulsory arbitration, 176; 
 Councils of Prud'hommes, 
 116 — 120; Labour disputes, 
 10; Legislation, 116—125; 
 Private conciliation and ar- 
 bitration, 81 ; Working of 
 the Arbitration law of 1892, 
 123—125 
 
 General Boards : Nature of, 
 39 ; Number in the United 
 Kingdom, 64 ; Number sett- 
 ling strikes, 55 ; Work of, 52 
 
 Germany : Boards of Concilia- 
 tion, 129—131 ; Gewerbe- 
 gerichte, 126—129; Guild 
 Courts, 128 ; Labour Dis- 
 putes, 10; Legislation, 125 — 
 131 ; Private conciliation 
 and arbitration, 81 ; Royal 
 Councils, 125 
 
 Gewerbegerichte, 126 — 129 
 
 Glasgow potters, 45 
 
 Glass-blowing industry, 172, 
 173 
 
 Government, Relation to con- 
 ciliation and arbitration, 41 
 —44
 
 238 
 
 INDEX. 
 
 Government Arbitration : 
 
 Different kinds of, 83—87 ; 
 In Belgium, 131—134; In 
 Denmark, 13G— 138 ; In 
 France, 116—125; In Ger- 
 many, 125—131 ; In Italy, 
 134, 315; In New South 
 Wales, 171—174; In New 
 Zealand, 144—171 ; In 
 South Australia, 175; In 
 United Kingdom, 99—115 ; 
 In United States, 138— 143 ; 
 In Victoria, 175, 176; In 
 Western Australia, 174, 175 ; 
 Justification of, 41 ; Limita- 
 tions of, 42, 43 
 
 Guild Courts, 128 
 
 Hawke's Bay, 191, 192 
 Hereford, Lord James of, 30, 
 
 58, 59, 61 
 Hicks Beach, Sir Michael, 57 
 Hosiery Trade, 46 
 
 Idaho, 139 
 
 Illinois, 113, 139, 141, 142 
 
 Incorporation of Trade Unions, 
 
 19, 20n. 
 Indenturing of Apprentices, 
 
 154 
 Independent Chairman, 28 — 31 
 Indiana, 139—141 
 Indiana Labour Commission, 
 
 35 
 Industrial agreements, 148, 149 
 Industrial Commission, United 
 
 States, 83—87, 141 
 Industrial Courts, 126—129 
 Industrial matters, 153 — 159 
 Industrial peace, growth of, in 
 
 the United Kingdom, 178 — 
 
 180 
 Industrial Revolu n, 4 
 Industrial unions, 94 
 Industry, Coimcils of, 132—434 
 Iowa, 143 
 
 Iron and Steel Industry : Con- 
 ciliation and arbitration in. 
 
 59, 60 ; Sliding scales in, 
 67—70 
 Italy, 134, 135 
 
 Jevoks, W. S., 98 
 
 Kansas, 143 
 
 Kettle, Sir Rupert, 30, 48 
 
 Labour, Councils of, 132—134 
 
 Labour, Royal Commission on, 
 19, 43, 85, 104, 106, 107, 115 
 
 Labour Disputes : Causes of, 
 14—10; In France, 10; 
 In Germany, 10 ; In the 
 United Kingdom, 9 ; In the 
 United States, 11 ; Two 
 distinct classes of, 8, 116, 
 134 
 
 Lace trade, 61 
 
 Legal enforcement of awards : 
 In New Zealand, 149, 161, 
 170; under 5 Geo. iv., c. 
 96, 48 
 
 Legislation : Belgian, 131 — 
 134 ; Danish, 136—138 ; 
 English, 99—115; French, 
 116—125; German, 125— 
 131; Italian, 134, 135; 
 New South Wales, 171— 
 174 ; New Zealand, 144 — 
 171 ; Proposed new, in the 
 United Kingdom, 114, 115; 
 South Australia, 175 ; 
 United States, 138-143 ; 
 Western Austraha, 174, 175 
 
 Lockouts in the United States, 
 11 
 
 London Labour Conciliation 
 and Arbitration Board, 64, 
 65, 106 
 
 Lord St. Leonard's Act, 102, 
 104, 105 
 
 Louisiana, 139 
 
 Lubbock, Su- John, 106 
 
 Macclesfield Silk Industby, 
 45
 
 INDEX. 
 
 239 
 
 Mariemont, Chamber of Ex- 
 planations of the Colliery of, 
 81 
 Marshall, Professor Alfred, 5, 
 
 6,36 
 Maryland, 143 
 Massachusetts, 139, 141, 142 
 Masters and Workmen (Ar- 
 bitration) Act, 1872, 103— 
 105 
 Material dealing with Concilia- 
 tion and Arbitration : Bel- 
 gium, 81n., 134n. ; Den- 
 mark, 136n. ; France, 81n., 
 125n. ; Germany, 81n., 
 131n. ; Italy, 135n. ; New 
 South Wales, 17 In. ; New 
 Zealand, 144n. ; United 
 Kingdom, 65n., 115n. ; 
 United States, 78n., 79n., 
 143n. 
 Matters proper for arbitra- 
 tion, 8 
 Mediation, 25—27 
 Michigan, 139 
 Millerand, — ., 170 
 Minimum membership of in- 
 dustrial unions, 152, 153, 161, 
 176 
 Minimum rates of wages, 34, 
 
 153, 154 
 Minnesota, 1 39 
 Missouri, 143 
 Montana, 139 
 Mosely Industrial Commission, 
 
 75, 180 
 Mundella, A. J., 30, 46, 106, 
 107 
 
 National Civic Federation 
 IN Great Britain, Proposed 
 estabUshment of, 76, 180 
 
 National Civic Federation of 
 America : Attitude towards 
 compulsory arbitration, 96 ; 
 Basis of the, 78, 79; Con- 
 ciliation and arbitration, 
 74 ; Executive Committee, 
 
 74 ; Foundation of, 73 ; In- 
 dustrial Committee, 73 — 
 Opinion of English trade 
 unionists, 75 — 77 ; Work 
 of, 75 
 New Jersey, 139 
 New South Wales Compulsory 
 Arbitration : Attitude of 
 employees, 173; Common 
 Rules, 172 ; DifEerence fi-om 
 New Zealand Acts, 172 ; 
 Effects on the glass-blowing 
 industry, 172, 173 ; Material 
 dealing with, 17 In. ; Mini- 
 mum membersliip of unions, 
 101 ; To strike, a misde- 
 meanour, 172 ; Working of 
 the Act, 172—174 
 New York State Board of 
 Mediation and Arbitration, 
 35, 139, 141, 142 
 New Zealand Compulsory Ar- 
 bitration : Apprenticeship, 
 154 — 156 ; Attitude of em- 
 ployees, 170 ; Attitude of 
 employers, 165 — 170 ; Atti- 
 tude of F. G. Ewington, 193; 
 Auckland cabinet-makers, 
 158 ; Boards of Conciliation, 
 148—152 ; Boot and Shoe 
 industry, 164 ; Certificates 
 of incompetency, 154, 158 ; 
 Colonial awards, 159, 160 ; 
 Compulsory preference to 
 unionists, 157 ; Conditions 
 rendering it feasible, 164, 
 165 ; Court of Arbitration, 
 149, 152, 162 ; Employment 
 of children and young per- 
 sons, 154 — 156 ; Effects of, 
 164 ; Enforcement of 
 awards, 149, 101, 170; 
 Hoiu"s of employment, 154 ; 
 Increased cost of living, 
 103 ; Indenturing of appren- 
 tices, 154 ; Industrial agree- 
 ments, 148, 149 ; Industrial 
 disputes, 161 ; Industrial
 
 240 
 
 INDEX. 
 
 matters, 153 — 159 ; Indus- 
 trial unions, 152; Juris- 
 diction of court, 153 — 159 ; 
 Material dealing with, 144n.; 
 Minimum membership of 
 unions, 152, 153 ; Minimum 
 wages, 153, 154 ; Position 
 of women workers, 1G2 ; 
 Preference to unionists, 15(5, 
 157; Prices in New Zealand, 
 1G3, 19<», 192 ; Prosj)ects of, 
 179, 171 ; Report of the 
 IVpartnient of Laho\ir, 157, 
 1G3; Right lo strike and 
 lock out, 157, 179. 1H9, 190; 
 Strikes, lf>9, 194; Wages in 
 New Zealand, 153. 154. 190, 
 191 ', Wellington grocer's 
 dispute, 155 
 
 North of England Manufac- 
 tured Iron and Steel Trade, 
 59 
 
 Northumberland Coal Trade, 
 50 
 
 Nottingham Hosiery and 
 Glove Trade, 4(i, 47 
 
 Nottingham Lace Trade, 01, 02 
 
 Ohio, 139, 141, 142 
 Outside Umpire, 28- 
 
 -31 
 
 Pennsylvania, 143 
 
 Pig Iron Industry : Concilia- 
 tion and Arbitration in, 59, 
 00 ; Sliding scales in, 07 — 09 
 
 Position of women workers 
 (N. Z.), 102 
 
 Preference to unionists, 150, 
 157 
 
 Prices in New Zealand, 103, 
 199, 192 
 
 Private Conciliation and Arbi- 
 tration : In Belgium, 81 ; 
 In France, 81 ; In Germany, 
 81 ; In the United King- 
 dom, 45 — 05 ; In the United 
 States, 73—81 ; Question of 
 the failure of, 87—90 
 
 Probi Viri, 135 
 
 Prud'hommes, Councils of : 
 In Relgium, 131, 132; In 
 France, 110— 120; Proposed 
 reforms, 12U 
 
 Pullman Strike, 73 
 
 QUAUFICATIONS OF AN ARBI- 
 TRATOR OR Umpire, 29, 30 
 
 Reed. W. A.. 17 
 
 Reeves, W. P., 88, 89, 174, 
 
 189. 190 
 Repudiation of Awards, 19, 
 
 20, 34, 42 
 Ricardo, 2, 4 
 Rise in ])rices in New Zealand, 
 
 103, 190, 192 
 Rise in wages in New Zealand, 
 
 153, 154. 190, 191 
 Rosebery, Lord, 58 
 Royal Councils, 125 
 
 SlEOFRlEP, A., 171 
 Sli<ling Scales : In coal indus- 
 try, 57, 07 ; In iron and steel 
 industry, 07 — 09 ; In United 
 Kingdom, 00 — 72 ; Material 
 dealing with, 72n. ; Pro- 
 posed, in cotton industry, 
 03. 04 
 Smith, Adam, 2 
 South Australia, 175 
 South Wales Coal Trade, 57, 
 
 58 
 Splitting the difference, 33, 58 
 State Arbitration, see Govern- 
 ment Arbitration. 
 State Experiments in Austra- 
 lia and New Zealand, 88, 89 
 Strikes: Causes of, 14 — 10; 
 Costliness of, 23, 87; En- 
 gineering, 1897, 13, 90; 
 Forbidden in New South 
 Wales, 172; Large British, 
 13; In France, 10; In 
 Germany, 10; In New Zea- 
 land, 100, 194; In the
 
 INDEX. 
 
 241 
 
 United Kingdom, 9 ; In the 
 United States, 11 ; Settle- 
 ment of, 55 ; Statistics, lln., 
 12 
 Sydney Morning Herald, 173 
 
 Teaming IjrDtrsTEY, 79, 80 
 
 Texas, 143 
 
 Textile Trades, 61 
 
 Toynbee, Arnold, 18(3, 187 
 
 Trade Boards : Nature of, 37, 
 38 ; Number in the United 
 Kingdom, 22, 49 — 51 ; 
 Number settling strikes, 53, 
 55 ; Value of, 38, 42, 53 ; 
 Work of, 52—54, C. D. 
 Wright's opinion of, 38 
 
 Trade Unions : Annual Con- 
 gresses, 17, 94, 95, 105, 114, 
 115 ; Attitude towards com- 
 pulsory arbitration, 94, 95 ; 
 Attitude towards voluntary 
 conciliation and arbitration, 
 17 — 19 ; Distinction from 
 industrial unions, 94 ; En- 
 forcement of awards, 19, 
 20 ; Incorporation of, 1 9, 
 20n. ; Number in the United 
 Kingdom, 21 ; Proposed 
 reform of the Conciliation 
 Act, 1896, 114, 115 
 
 Umpire, 29—31, 40 
 
 United Kingdom : Govern- 
 ment conciliation and ar- 
 bitration, 99 — 115 ; Growth 
 of industrial peace, 178 — 
 186 ; Number of Strikes, 9 ; 
 Private conciliation and ar- 
 bitration, 45 — 65 ; Sliding 
 scales, 66 — 72 
 
 United States : Chicago Board 
 of Arbitration, 79 — 81 ; 
 Compulsory arbitration, 176, 
 
 177 ; Government concilia- 
 tion and arbitration, 138 — 
 143 ; Industrial Commis- 
 sion, 83—87, 141 ; National 
 Civic Federation, 73 — 79 ; 
 Number of strikes and lock- 
 outs, 11 ; Private concilia- 
 tion and arbitration, 73 — 81 
 Utah, 139 
 
 Wages, Changes in rates of, 
 182, 183, 185 
 
 Wages, Rise of, in New Zea- 
 land, 153, 154, 190, 191 
 
 Wages Problem, Recent 
 growth of the, 2, 3, 4 
 
 Wages Questions a cause of 
 disputes, 1, 7, 8, 14 — 16 
 
 Walls, P., 76 
 
 Watson, R., Spenoe, 35 
 
 Wear Shipbuilding trade, 60 
 
 Webb, S. and B., 26, 30 
 
 Weiler, J., 81 
 
 Wellington, 168, 169, 191, 192 
 
 West of Scotland Manufac- 
 tured Steel Trade, 59 
 
 Western Australia, 174, 175 
 
 Williams, Justice, 165 
 
 Wisconsin, 139, 141 
 
 Wise, B. R., 161 
 
 Wolverhampton Building 
 
 Trades, 47, 48 
 
 Workmen affected by strikes : 
 France, 10 ; Germany, 10 ; 
 United Kingdom, 9 ; United 
 States, 11 
 
 Wright, C. D., 38, 90—92, 187, 
 188 
 
 Victoria Royal Commission, 
 
 166n., 175, 176 
 Voluntary State conciliation 
 
 and arbitration, 83, 84, 87, 
 
 90, 99—143 
 
 THE END. 
 
 WTMAN AND SONS, LTD., LONDON AND READING. 
 
 R
 
 p. $. Kiiifl $i Son, 
 
 ESTABLISHED IN ORCHARD HOUSE, 
 
 PARLIAMENT 
 
 STREET. 2 & 4, GREAT SMITH ST., 
 
 1819. 
 
 WESTMINSTER. 
 
 Publishers, 
 
 Parliamentary and General Booksellers 
 
 Bookbinders and Printers. 
 
 MONTHLY CATALOGUE of all recent Parliamentary Papers, 
 Reports, Bills, Ac, also of the Reports issued by the India OflSce 
 and Government of India, the London County Council, and of Book* 
 and Pamphlets on Questions of the Day— Political, Economical, 
 and Social. Post fi-ee. 
 
 Books (New and Old). 
 Parliamentary Papers. 
 Pamphlets. 
 
 Reports. 
 
 Blue Books. 
 
 Official Publications, &c. 
 
 LONDON COUNTY COUNCIL. 
 
 The Reports of the London County Council, consisting 
 of the Annual Accounts, Reports on Water Supply, Public 
 Health and Sanitary Matters, Fire Brigade, Works 
 Department, Technical Education, Rating and Taxation, 
 Statistics, &C., are published by P. S. King & Sox. 
 Catalogue, post free.
 
 Demy 8vo. Clotb. 516 pp. lOs, 6C/. 
 
 net. 
 
 A HISTORY 
 
 OF THE 
 
 COMMERCIAL AND FINANCIAL 
 RELATIONS 
 
 BETWEEN 
 
 ENGLAND AND IRELAND 
 
 FROM THE PERIOD OF 
 THE RESTORATION. 
 
 B7 
 
 ALICE EFFIE MURRAY, D.Sc. (Lend.), 
 
 Former Student, Qirton Coll., Cambridgfe. 
 
 WITH A PREFACE BY PROF. W. A. S. HEWINS. 
 
 The pixrpose of this volume is to provide a plain historical account 
 of the commercial and financial relations between England and Ireland 
 from the period of the Restoration : to show how these relations have 
 powerfully re-acted on the history of the two countries and on their 
 political life : to explain how the commercial policy of England affected 
 the economic condition of Ireland, and, by tlirowiug the mass of the 
 people on the land, aggravated the later agrarian troubles : to set forth 
 how this same commercial policy, combined with the Penal laws, caused 
 a grievous deterioration of the national character, to which even the 
 present poverty and backwardness of Ireland may be traced. 
 
 LONDON: P. S. KING & SON, ORCHARD HOUSE, WESTMINSTER.
 
 STATISTICAL STUDIES 
 
 RELATING TO 
 
 NATIONAL PROGRESS 
 IN WEALTH AND TRADE 
 
 Since 1882. 
 
 A PLEA FOR FURTHER INQUIRY. 
 
 By A. L. BOWLEY, M.A., 
 Author of *^ Elements of Statistict," etc. 
 
 Cr. 8vOf 2s. net. 
 
 Daily Chronicle : — " This book constitutes far and away the 
 best unofficial analy?«is of statistics bearing on the fiscal 
 controversy. Mr. Bowley is much the most competent and 
 scientific of our unofficial statisticians, and, unlike the many 
 experts who have been entertaining us in the newspapers, 
 he is not only a trained statistician, but also a well-read econo- 
 mist who knows what is behind the figures he displays. . . . 
 Mr. Bowley holds no brief for either side, and is rightly 
 emphatic on the limits of the data, especially for comparison 
 with foreign countries ; but, as he remarks, so far as they go 
 they show a steady increase of prosperity, and the onus of proof 
 to the contrary lies on the challengers. As a corrective to loose 
 and slipshod argument this book is invaluable." 
 
 LONDON : P. S. KING & SON, 
 
 Orchard House, Westminster.
 
 Second Edition. 344 pp., Demy 8vo, cloth. Numerous 
 Diagrams. Price 10*. Qd. net. 
 
 « By 
 
 tlEMENTS . Arthur L. 
 
 OF 
 
 Statistics. 
 
 M.A., F.S.S. 
 
 Appointed Teoxher of Statis- 
 tics in the University of 
 London : Cobden and Adam 
 Smith Prizeman, Cambridge : 
 Author of " Wages in the 
 United Kingdom in the 19^/i 
 Century.^' 
 
 T^HIS Book is intended to supply a TEXT-book dealing with 
 ■*■ the METHODS and PRINCIPLES of STATISTICS recognised by 
 statistical experts or used by official statisticians. The methods 
 by which accurate statistics can be collected are examined and 
 illustrated, and the TECHNIQUE of statistical representation 
 DISCUSSED. Other subjects, little discussed in any books easily 
 accessible to English Students, such as the accuracy of 
 
 RESULTS and the INTERPOLATION OF MISSING ESTIMATES, are 
 
 also dealt with in Part I., while in Part II. will be found an 
 
 ELEIMENTARY INTRODUCTION TO MODERN MATHEMATICAL 
 
 STATISTICS, with a careful analysis of the groundavork OF 
 
 THE THEORY OF ERROR. 
 
 Economic Journal.— "The London School of Economics has, since its 
 foundation, had systematic courses of lectures on the elements of statistics, 
 and the School therefore is entitled to share with Mr. Bowley the congratu- 
 lations which are due to him for supplying a long-felt want. Without further 
 ado it may be plainly stated that, whatever its shortcomings, this book is the 
 best on the elements of Statistics written in English, French, German, or 
 Italian." 
 
 University Extension Journal.— "This is a work for which in itself we 
 have conceived an almost unqualified admiration. Its absolute merits are 
 great enough to enable it to dispense with such added praise or mitigation of 
 censure as pioneer work may often justly ask. It is really the first connected 
 English treatise which assumes the existence of the newest variety of the 
 human species, the serious and scientific student of statistics. To meet the 
 common superstition that ' anything may be proved by statistics,' there can 
 be no better means than to refer the objector to just such a work as this. 
 But in the present state of statistical knowledge, or rather of statistical 
 ignorance, it would be of little use so to refer him if the work itself were not 
 well and brightly written, as is this, with here and there those quiet gleams 
 of humour that mark the author for the skilled teacher that he is. ' 
 
 P. S. KING & SON, ORCHARD House, Westminster.
 
 Demy 8vo, cloth, 414 pp. 7*. 6(/. net. 
 
 PARLIAMENT: 
 
 ITS ROMANCE 
 ITS COMEDY 
 ITS PATHOS. 
 
 BY 
 
 MICHAEL MACDONAGH, 
 
 Author of 
 '^ The Book of Parliament," and '* Irish Life and Character." 
 
 Contexts :— 
 
 The King : His Prerogatives and Disabilities — The First of 
 our Constitutional Sovereigns — How Edward VII. Opened 
 his First Parliament — The Old House of Commons and the 
 New — The Old House of Lords and the New — " Privilege ! 
 Privilege ! " — The Great Seal of England— The Evolution of the 
 Parliamentar}' Oath — Maiden Speeches — The Quaint Side of 
 Parliament — Unparliamentry Expressions — The Current Coin 
 of Politicians — "Hansard" — The Humours of Parliamentary 
 Reporting — Last Speeches of Great Parliamentarians. 
 
 SOME REVIEWS. 
 
 r/J/£S.—" Although a good many books have ah-eady been written on 
 our Legislature, there is room for more, especially when the ^vTiter is well 
 informed and knows how to interest his reader." 
 
 ST. JAMES'S GAZETTE.—" The book is well written, well informed 
 and is altogether most attractive and readable." 
 
 PALL MALL GAZETTE.— "It is tlie best picture of Parliament in all 
 its aspects that has been got together within the covers of one volume." 
 
 DAILY i'XPiJ^S'S.—" ' Parliament ' is so brightly written that no one 
 will skip a line of this pleasant and profitable compilation." 
 
 P. S. KING & SON, Orchard House, Westminster.
 
 THE 
 
 UNEMPLOYED 
 
 A NATIONAL 
 QUESTION 
 
 By 
 
 PERCY ALDEN, M.A. 
 
 With a Preface by 
 
 Sir JOHN QORST, M.P. 
 
 Crown 8vo. Limp Cloth, i/= ; Cloth Boards, i/6 net. 
 
 London : 
 
 P. S. KING & SON, 
 
 Orchard House, WESTMISNTER.
 
 Messrs. P. S. KING & SON'S 
 
 RECENT PUBLICATIONS 
 
 DEALING WITH THE 
 
 TARIFF QUESTION. 
 
 THE TARIFF PROBLEM. 
 
 By W. J. AsHLKV. Second Edition. Crown 8vo. 
 36\ 6r/. net. 
 
 I ELEMENTS OF THE FISCAL PROBLEMT 
 
 By L. G. Chiozza Money. Demy Svo, 3*. Gel. net. 
 
 TRADE AND EMPIRE. 
 
 By .]0HN B. C. Kershaw. Demy Svo, 1*. 
 
 THE TRADE OF THE GREAT NATIONS. 
 
 By Mark Warken. Demy Svo, 6d 
 
 CANADA AND THE EMPIRE. 
 
 An Examination of Trade Preferences. By Edwin 
 S. Montagu and Bron Herbert. With a Preface by 
 Lord Rosehery. Crown Svo, 3s. 6d. net. 
 
 NATIONAL PROGRESS IN WEALTH AND TRADE. | 
 
 Statistical .Studies relating to National Progress in 
 Wealth and Trade since 1SS2 : A Plea for Further 
 Inquiry. By A. L. Bowley. Crown Sro, 2s. net. 
 
 PROTECTION IN GERMANY. | 
 
 By William Harbutt Dawson. Crown 8vo, 3s. 6d. 
 
 net. 
 
 PROTECTION IN THE UNITED STATES. | 
 
 By A. Maurice Low. Crown Svo, 3s. 6d. net. 
 
 PROTECTION IN CANADA AND AUSTRALASIA, 
 
 By C. H. Chomley. Crown Svo, 3s. &d. net. 
 
 PROTECTION IN FRANCE AND ITALY. ] 
 
 By H. 0. ^Meredith. Crown Svo, 3s. 6d. net.
 
 UNIVtKSriY Oh CALIFORNIA LIURAKY 
 
 Los Angeles 
 
 This book is DUE on the last date stamped below. 
 
 MAR 9 
 
 'r<: 1 
 
 vm L9-C5m-9,'47(A5618)444 
 
 UNIVERSITY OF CALIFORNIA 
 
 AT 
 
 LOS ANGKLES 
 
 LIBRARY
 
 HD Knoop - 
 
 5481 Industrial con* 
 
 ^75i 
 
 ciliation and 
 arbitration. 
 
 'I""y "^search Library 
 
 HD5481 .K75i 
 
 L 009 549 963 8 
 
 MAR y vm 
 
 L A 
 
 HD 
 5481 
 
 K75i 
 
 '%