"(1) If the Legislative Assembly shall in two consecutive sessions pass

any Bill which shall not be passed by the Legislative Council, then,

notwithstanding such Bill when passed in the second session by the

Legislative Assembly shall be in an amended form, if the same shall not

in such second session be passed by the Legislative {130} Council, such

Bill, if the Assembly so determine by resolution, shall, in manner to

be duly provided, be submitted for acceptance or rejection to the

voters on the roll for the Legislative Assembly.

"(2) In the event of the said Bill being duly accepted or approved of

by the majority of the voters on the said roll who shall vote when a

poll is taken, and upon a certificate to that effect to be duly given

by the Speaker, the said Bill shall be transmitted to the Governor for

his assent. Should, however, such Bill be rejected or disapproved of,

then, upon the certificate of the Speaker to that effect, the said Bill

shall lapse for the session.

"(3) At least six weeks must intervene between the first and the second

passing of the said Bill by the Legislative Assembly."

Measures based upon these lines were introduced during 1896 in the

Assemblies of Victoria, Tasmania, and New South Wales, but, in the

latter case alone, reached the Legislative Council. It was thought

that that body might receive the Bill favourably, as it would be

brought thereby into direct contact with the people, and might overcome

the jealousy which is at present felt against it. In fact, it might

attain to actual popularity by enabling the electorate to pronounce

directly upon a distinct issue. But this view did not prevail with the

Council, which rejected the measure in the most summary manner.

A supplementary proposal put forward in Victoria {131} is that, upon

subjects which cannot be referred in a clear and simple manner to the

electors, differences should be followed by a dissolution of both

Houses, and, if an agreement is still impossible, by their joint

meeting as one Chamber. In New Zealand, a Bill recently introduced by

the Premier, but not passed through the House of Representatives,

provided that, if a measure had been twice within fourteen months

passed by one House and rejected by the other, the House which had

passed it might call upon the Governor to convene a joint meeting of

the two Houses, which should finally dispose of it by approval,

rejection, or amendment. It will be noticed that the Council might

thus secure the enactment of a measure which was opposed by the

majority of the popular representatives.

The antagonism of the two Houses in Victoria would seem to be to a

great extent a reflex of an antagonism between town and country. The

population of the Province is estimated to have been 1,180,000 in 1895,

that of Melbourne and its suburbs 439,000, or 37 per cent. of the

whole. Under these conditions, and owing to the greater cohesion of

compact electorates, a strong feeling has arisen in the rural districts

that Melbourne has a disproportionate voice in the affairs of the

Province, and that the balance should be redressed by the action of the

Council. It is also believed that the abolition of the plural vote

would lead to equal electoral districts which would increase the

supremacy of the capital {132} and the power of the Labour Party. At

the present time they hold fifteen seats, all of which are urban or

suburban, and, though discredited by the collapse of the Trades Unions,

are not without influence upon the Government.

The percentage of the total population contained in Melbourne and its

suburbs rose from 26 in 1861 to 43 in 1891, mainly as the result of the

high protective tariff which aimed at making Victoria the principal

manufacturing centre of Australia. Upon the consequent establishment

of a large number of factories, the Government were soon compelled to

intervene in the interests of the workers, and passed in 1873 the first

Act dealing with the supervision of factories and workrooms. It

defined a factory as any place in which not less than ten persons were

employed in manufacturing goods for sale, and provided that such places

should be subject, as to building, sanitation, &c., to regulations made

by the central Board of Health, and that no female should be employed

therein without the permission of the Chief Secretary for more than

eight hours in any one day. The measure failed in its purpose through

the indifference of the Municipalities, which were charged with its

entire administration. They appear to have been negligent in

exercising the powers entrusted to them, and to have allowed themselves

to be served by officers who were unacquainted with their duties. In

the following years several measures were passed which {133} were

consolidated by the Factories and Shops Act of 1890. Some new points

of great importance had been introduced, which applied, however, only

to cities, towns, and boroughs, unless they were extended to any shire

at the request of its Council: the definition of a factory was amended

so as to include all places in which four white men or two Chinamen

were employed in manufacturing goods for sale; such places had to be

registered, subject to the approval of the premises by the Local

Council, and the employers were bound to keep a record showing the

names of the persons employed in the factory, the sort of work done by

them, and the names and addresses of outside workers; the employment of

children under thirteen years of age was prohibited; machinery had to

be fenced in in order to prevent accidents, and persons in charge of

steam-engines and boilers, with a few exceptions, had to obtain

certificates of competency. As regards the enforcement of these and

other provisions, inspectors were authorised to enter a factory at any

reasonable time, to make any pertinent inquiry and examination, to

demand the production of any certificate or documents kept in pursuance

of the Act, and, generally, to exercise such other powers as might be

necessary for carrying it into effect. Proceedings for offences

against the Act were to be taken before two or more justices, who, upon

a conviction, would be guided by a prescribed scale of fines and

penalties. Finally, retail shops were {134} dealt with by a provision

which limited the hours during which they might be kept open; but

certain categories of shops were explicitly excluded, and Municipal

Councils were given the power of altering the hours upon a petition of

a majority of the shopkeepers.

The absence of finality in such legislation was soon shown by the

demand for further restrictions, which was met by the Government by the

customary expedient of the appointment of a Royal Commission. The

census of 1891 had given the number of persons employed in connection

with the manufacturing industries as 96,000, of whom less than a half

were in registered factories. The remainder were working in shires, in

laundries and dye works, in workrooms other than Chinese in which less

than four persons were employed, or in their own homes. The Commission

consequently, in the pursuance of their instructions to "inquire and

report as to the working of the Factories and Shops Act, 1890, with

regard to the alleged existence of the practice known as sweating and

the alleged insanitary condition of factories and workrooms," had a

wide field of investigation, but turned their attention principally to

the industries in which the circumstances of the workers were believed

to be most unfavourable. In the clothing industry they found that,

beyond the common grievance of slackness of trade, those employed in

factories had little to complain of in the matter of {135} wages, but

that among the outworkers, owing to the depression, competition had

reduced the rate of pay to the lowest level compatible with continued

existence. They were informed of many cases, which have been

corroborated by factory inspectors and others, of women who, working

from twelve to fourteen hours a day, were unable to earn more than ten

or twelve shillings in a week. It was contended that, as in other

countries, the competition was rendered more acute by those who were

not dependent upon the work for a livelihood. Another result of this

competition was seen in the policy pursued by several large firms which

had closed factories built at a heavy cost and were relying upon their

operations being carried on by contractors, because they had been

unable to produce goods at the factory at the rate at which they could

be turned out by those who employed the services of outworkers. An

attempt had been made by the women to protect their interests by the

formation of a Tailoresses' Union, which, after a fitful existence,

collapsed in 1893. Since that time, in the absence of any form of

combination, contractors had been able to play off the outworkers

against the inworkers and against each other. It may here be noted

that, according to a recent report of the Chief Inspector of Factories,

the inquiry caused the rate of payment to be lowered in consequence of

the publicity given to the very small wages paid by some firms engaged

in the clothing trade.

{136}

In the course of their inquiries into the furniture trade, the

Commissioners found that the Chinese, by evasions of the Factory Act,

their poor way of living, long hours of labour and acceptance of low

wages, had practically ruined the European cabinet-makers. Their

competition was confined to that branch of the industry, but had

indirectly affected it as a whole. Statistics showed that in 1886

there were 64 registered European furniture factories employing 1,022

male hands, while in 1894 the number of factories had decreased to 46

and of employes to 320. On the other side, the number of Chinese

employed as carpenters and cabinetmakers had increased from 66 in 1880

to 320 in 1886, and decreased to 246 in 1894. It appeared that the

Chinese, having ousted the European workmen from the industry, had

engaged in a keen competition among themselves, which had reduced

prices to such a low level that many manufacturers had been compelled

to close their factories and dismiss their workmen. These latter had

commenced to make articles of furniture on their own account, and were

reputed to be in a pitiable state of destitution. The Commissioners

came to the conclusion that, while the unsatisfactory condition of

trade had contributed to the distress of the European cabinetmakers,

the competition of the Chinese had been the greatest factor in bringing

about the existing state of affairs.

Their recommendations were embodied in a {137} measure introduced in

1895 and passed in the following session, but limited in its operation,

by the action of the Council, to a period of four years. Its most

important provisions aim at the protection of the workers in those

industries in which they are least able to protect themselves. The

desire of the Government was to get persons as far as possible to work

in factories and to deal with the difficulty of outworkers by a system

of permits. Clause 13 of the Bill prohibited the making up of apparel

outside a factory except by those who had received a permit from the

chief inspector, which was not to be given unless he were satisfied

that the person applying for it was prevented by domestic duties or

bodily affliction from working inside a factory or workroom. Employers

were to keep a record showing the work done by holders of permits,

their names and addresses, and the amount of remuneration, which was to

be forwarded periodically to the chief inspector, and might be

published in the Government Gazette at the discretion of the Governor

in Council. The number of outworkers would be reduced to a minimum,

and the fear of publicity would act as a check upon their employers. A

further protection was afforded to makers of furniture and of clothing

or wearing apparel, including boots and shoes, by clauses under which

the Governor in Council was authorised to appoint special Boards,

consisting of a chairman and four members, of whom two were to be

representatives {138} of occupiers of factories and workrooms in which

such articles were prepared or manufactured, and two of the persons

employed in wholly or partly preparing such articles. The Board was to

determine the lowest rate which should be paid to the employes, whether

working inside or outside a factory. The Assembly added another clause

which authorised the appointment of similar Boards for the

determination of the hours of labour in any manufacturing industry, but

the Council refused to accept it, and also rejected the clause which

prohibited outside work by others than holders of permits. They

introduced amendments which provided that the discretionary publication

of particulars in the Gazette should be limited to cases in which an

employer had been convicted for some contravention of the Factories and

Shops Acts, and that the special Wage Boards should be elective, in the

belief that it would be dangerous to vest the power of appointment in

the Governor in Council, since it would actually be exercised by the

Chief Secretary. The Government agreed to the former of these

amendments, as the value of the right of publication was lessened by

the Council's acceptance of the principle of the Wage Boards; but upon

the other points of difference a conflict ensued between the two

Houses, which resulted in the final decision that the Boards are to be

elective, and that outworkers will not be required to obtain a permit,

but, if engaged in the manufacture of clothing or {139} wearing

apparel, must register their names and addresses with the chief

inspector, for the confidential use of the Department, and must answer

all questions put to them by inspectors as to the names of their

employers and the rate of remuneration. The Chief Secretary had

explained in the Assembly that the Government desired to obtain the

registration of outworkers in order that they might know from the

individuals themselves the addresses at which they were working, and

whether they were being paid in accordance with the prices fixed by the

Boards. It is also provided that a sub-contractor, equally with the

occupier of a factory, must keep the prescribed record of all work

given out by him.

The furniture trade, as has been seen, is one of those for which the

Governor in Council may cause special Boards to be elected; but it has

been realised that, in the cabinet-making branch, owing to their

superior numbers, the Chinese would obtain a controlling voice. This

difficulty was met by an amending Bill which authorised the nomination

of these Boards. Other sections of the Act also aim at the protection

of the white workman: one Chinaman is to be deemed to constitute a

factory, and no person employed in a factory or workroom in the

manufacture of any article of furniture is to work on a Sunday, after

two o'clock on a Saturday, or between five o'clock in the evening and

half-past seven in the morning on any other day of the week. Furniture

made in Victoria is to be stamped legibly {140} and indelibly in such a

manner as to show whether it was manufactured by white or Chinese

labour. It is noteworthy that, through the Boards which will fix the

minimum rate of pay in the baking and furniture trades, the Victorian

Government are making their first attempt to regulate the labour of

men; in the other trades affected by these Boards women form the vast

majority of the workers.

The general provisions of this Act as they affect factories include

greater stringency in the sanitary requirements, in the limitation of

the hours of labour of women and boys, and in the precautions against

accidents. Laundries and dye-works are constituted factories, and the

powers of inspectors are in several respects strengthened.

The sections dealing with shops also deserve a word of notice. The

necessity for further legislation was based by the Chief Secretary on

the ground that under the existing law Municipal Councils were not

bound to give effect to petitions received from a majority of

shopkeepers, and could only bind their own districts. Besides, the

penalties imposed for contravention of any law or bye-law had, in many

cases, been so small that shopkeepers had been able to ignore it with

practical impunity. He therefore proposed that petitions should in

future be addressed either to the Governor or to the local authorities,

that a metropolitan district should be constituted so as to render

possible uniformity in the hours of closing shops, and that the

penalties should be on a {141} fixed scale. These proposals were

embodied in the Act, as were others which provided that assistants in

shops should have a weekly half-holiday, and that women and boys should

not be employed for more than a fixed number of hours in a week or day,

nor for more than five hours without an interval for meals, and should

have the use of adequate sitting accommodation. These provisions,

however, were not to apply to the categories of shops excluded from the

operation of previous Acts unless extended to them under regulations

made by the Governor in Council. Soon after the passage of the Act a

strong feeling arose among the shopkeepers of Melbourne and its suburbs

that, as assistants had to receive a weekly half-holiday, shops should

be closed upon one afternoon in the week; but opinions differed as to

whether the day should be Saturday or Wednesday. The shopkeepers in

the city were disposed to favour the former, those in the suburbs were

divided in their views.

The Act should be regarded as a humane attempt to minimise the

sufferings of the outworkers and to improve the conditions of labour of

the toiling masses of the population. The appointment of the special

Boards is regarded with sympathy even by those who doubt the

possibility of enforcing a minimum wage in the case of persons whose

competition is intensified by the fear of starvation. Two general

considerations suggest themselves: that a vast discretionary power is

vested in the Executive, {142} and that the inspectors will be

confronted with a task of hopeless magnitude. On the first point it is

to be noted that the Governor in Council, acting naturally upon the

advice of the Chief Secretary, may not only exercise the powers already

mentioned, but may extend the provisions of the Act or any of them to

any shire or part of a shire, and make regulations upon a large number

of subjects connected with the efficient administration of all the

Factories, and Shop Acts. As regards the inspectors, who are eleven in

number, it is to be feared that, though they may invite the

co-operation of the police, they will be unable adequately to supervise

factories, watch the labour of the single Chinaman, protect the

home-worker from the tyranny of the contractor, and assure to

assistants in shops the conditions to which they are legally entitled.

They will undoubtedly be fettered by the unwillingness of the workers

to supply information which may lead to the loss of their employment.

The correlative of protection, which principally benefits the

manufacturer, is the direct encouragement of the enterprise of the

producer. In this respect successive Governments have displayed an

eagerness which has not always been confined within the limits of

prudence. The borrowed capital sunk in the construction and equipment

of the Victorian Railways is about L36,730,000, which returned in the

year 1895-6 a net profit on working of L855,000, being a deficit of

L584,000 upon L1,439,000, the {143} annual charge for interest upon the

loans; but a large proportion of this deficiency was due to the failure

of the wheat crop and the consequent decrease in the amount of goods

carried along the lines. Recent returns show that several lines not

only do not pay any interest on the capital expenditure, but do not

earn even as much as is disbursed in working expenses. The report of

the Railway Inquiry Board shows that the Assembly was actually disposed

at one time to sanction the expenditure of a further sum of L41,000,000

upon the construction of new lines; but the _Age_ newspaper published a

series of articles which showed clearly that national insolvency would

follow the approval of expenditure on such a gigantic scale. The

exposure attained its object, but involved the proprietor, Mr. David

Syme, in actions for libel, brought by the Railway Commissioners, which

extended, with intervals, over a period of four years. Finally, he was

proved to have been entirely justified in his language, but was saddled

with an enormous bill of costs as the reward of his patriotic efforts

on behalf of the community. The danger that similar proposals might be

carried in the future was lessened in 1890, when the Standing Committee

was appointed as a check upon the extravagant tendencies and culpable

pliability of individual members.

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