It may be thought that I have laid stress upon a variety of fantastic

theories, but the objection takes insufficient account of the facility

with which changes can be effected in the absence of a strong force of

traditional conservatism. I must admit, as a failing of Australasian

politicians, that they are inclined to welcome innovations which are

superficially attractive, without due consideration of the ulterior

consequences. To quote an extreme case, the Government of New Zealand

proposed, in a Single Bill, not only to abolish the life tenure of

Members of the Legislative Council, but to provide machinery for the

settlement of disputes between the two Houses and to establish a

modified form of the Swiss Referendum. But I am confident that several

of the proposals to which I have referred, notably that for an Elective

Executive, meet with a large measure of support in the constituencies.

This movement has gathered strength from the disinclination of

Ministries to resign except upon a {278} direct vote of want of

confidence. Some of them look with equanimity upon the defeat of

cardinal principles of important Bills, whether it be due to the

strength of the Opposition or the defection of their own followers, and

do not hesitate, if sufficient pressure be exercised, to withdraw them

altogether. As the Ministry tends, therefore, to become a body which

carries out the wishes of the whole House, and ceases to lead its own

Party, the position would be simplified if the whole House elected the

Executive for a fixed period. Another argument is found in the

increasing desire of the Assembly to shift its legislative duties to

the shoulders of the Executive. Parliament decides the broad

principles of measures and leaves the details to be filled in by

Regulations made by the Department concerned under the supervision of

the Minister and with the approval of the Executive Council.

(2) Graduated death duties are imposed in all the seven Provinces,

though in Tasmania the tax levied on the largest properties does not

exceed 3 per cent. Western Australia came into line with the other

Provinces in 1895, when a Bill imposing graduation up to 10 per cent.

was passed, almost without discussion, through both Houses of

Parliament. The Premier admitted that it had not been rendered

necessary by the condition of the finances, but contended that it

should be placed upon the Statute Book while there were few rich men in

the community who would resent it.

{279}

Other forms of direct taxation are as follows: New Zealand, South

Australia, and New South Wales have taxation on incomes and land

values, the two former with, the latter without, graduation; Victoria

has a graduated income tax and an ungraduated land tax on estates above

a certain value; Tasmania, an ungraduated tax on incomes and the

capital value of land; Queensland, an ungraduated income tax, which is

only collected on dividends paid by public companies. The taxation in

New South Wales, Victoria, New Zealand, and South Australia has been

promoted, if not inspired, by the Labour Movement in Parliament, and

constitutes its greatest triumph. In Victoria the taxation of land

values was rejected by the Legislative Council.

A point of interest is the distinction made by Victoria, Tasmania, and

South Australia between incomes derived from property and those which

are the result of personal exertion. It is thought to be equitable

that the former should be taxed at a higher rate, and the principle is

similar to that which dictates the taxation of land upon its unimproved

value.

(3) I have referred very briefly in the present chapter to certain

forms of industrial legislation; speaking generally, they are based

upon English examples and do not call for any particular comment. The

Labour Parties are keenly interested in these matters because it is

simpler, apart from greater efficacy, that inspectors should protect

their {280} interest under Acts of Parliament than that they should be

compelled constantly to engage in negotiations with individual

employers.

(4) As I have already pointed out, the consideration of Australasian

problems must be accompanied by a recollection of the difference of

conditions from those existing in Great Britain. Even in the latter

country it is obvious that the intimate relations between employers and

employed are being replaced, especially in the manufacturing centres,

by a purely monetary bond; but they can never, except in individual

cases, have had any existence in Australasia, where capitalists and

workmen have approached each other and entered into agreements as

strangers. Consequently the workmen, attached neither to people nor

places, have been prepared to move as their varying interests have

suggested and have formed few lasting ties with their employers. Many

of the industries, indeed, have tended to accentuate this absence of

cordial relations: in pastoralism, for instance, the small permanent

staff is supplemented for a few weeks in the year by a large number of

shearers and others, who sign a definite agreement with their

employers, and, provided that the conditions are carried out, can have

no interest either in them or in their properties. Incidentally, an

association recently formed at Sydney which engages shearers and

provides them with consecutive employment at different sheds, should

not only be a financial success, but allay the {281} natural

dissatisfaction of a body of men who, though they earn high wages, can

depend upon neither regularity nor permanency in their work. I could

show that similar conditions prevail in the sugar industry and, to some

extent, in agriculture; but enough has been said to prove that the

working classes are differently situated from those in older countries

and partially to explain their willingness to form themselves into

Trades Unions and the combativeness of these organisations.

The great maritime strike, though it has been followed by the Broken

Hill strikes of 1891 and 1892, the shearers' strikes of 1891 and 1894,

and periodical hostilities at Newcastle, has modified largely the

attitude of the working classes in regard to the efficacy of industrial

warfare. The later struggles have principally affected Queensland and

New South Wales, which was the first of the Provinces to attempt to

deal with the matter by Act of Parliament. A Board of Conciliation was

established upon the recommendation of a Royal Commission, but is

admitted to have been a failure in the absence of any compulsory

reference of disputes. On the occasion of the most recent

disturbances, at Newcastle in 1896, which originated upon an

application of the miners for higher wages, the Premier, following

English precedents, intervened, and was enabled to settle the dispute,

though not until the strike had lasted for three months and had caused

much of the foreign trade to be diverted to foreign ports. Actual

{282} and prospective losses caused the owners, though they made a

small concession at the request of the Premier, to refuse to reinstate

the miners except at a slightly lower rate of wages than that against

which they had struck. The offer, as modified by the Premier, was

accepted by the miners, who had thus, at the cost of much misery,

brought about a reduction in their wages. The disturbances of 1894 in

Queensland, which reached an acute stage, were met by the Government by

resolute administration under special powers obtained by Act of

Parliament, but no attempt was made to intervene between the disputants

or to make use of the Conciliation Act of 1892, which, as far as I

know, has remained a dead letter. It is useless, therefore, to discuss

the Act further than to say that its machinery can only be set in

motion by a Local Authority, but it may not be unfair to attribute the

unsympathetic attitude of the Government to the bitterness engendered

by the extravagances of the Labour Party.

In most of the Provinces neither the employers nor the workmen are

prepared, as yet, to bind themselves to refer their disputes to an

impartial tribunal and to abide by its decision. Though the tendency

in that direction is on the increase, it has been suggested that, in

the meanwhile, Boards should be constituted which would be empowered to

consider disputes, and, after the examination of books and witnesses,

to issue a public report. The judgment would not be enforceable, but

might be expected, in {283} the majority of cases, to lead to a

settlement of the difficulty; at any rate, it would influence public

opinion, which is a large factor in all industrial struggles. But

South Australia and New Zealand have passed this stage, and have placed

drastic measures on their Statute Book which provide, in certain cases,

for compulsory awards. The compulsory provisions of the South

Australian Act apply only to employers and workmen who are organised

and have voluntarily accepted them by the process of registration.

Should they become involved in an industrial dispute, the Governor may,

upon the recommendation of the President of the State Board of

Conciliation, cause the matter to be referred to it, and the Board may

make an award which will be binding upon the parties concerned. In New

Zealand, on the other hand, while the proceedings must be initiated by

employers or workmen who are registered, the other party, though

unregistered, may be called upon, should the Board of Conciliation fail

to effect a settlement, to attend before the Court of Arbitration and

to obey its award, subject to the general proviso that an employer may

suspend or discontinue any industry and an employe cease from working

therein. In neither Province is a strike or lock-out permitted during

the deliberations of the tribunal.

The Acts do not apply to unorganised workers, except indirectly, partly

because they have not been the cause of the great industrial struggles

of the past, {284} partly because it would be difficult, if not

impossible, to enforce awards against them. It may also have been

thought that they would be encouraged thereby to form themselves into

Unions, and that the best chance of industrial peace lies in

negotiations between responsible bodies of workers and employers who

will have too much at stake to be willing to proceed thoughtlessly to

extremities. As regards registration, it has been found that the

workers of South Australia, though their leaders had supported the

compulsory provisions, have been backward in this direction; but that,

in New Zealand, no such hesitation has been displayed. The workers in

that country do not appear to share the disinclination to agree to the

intervention of an arbitrator which is stated to be increasing in Great

Britain.

In South Australia, to give a brief account of the new tribunals,

Boards of Conciliation may be either Private Boards, constituted under

industrial agreements and endowed with such jurisdiction as may be

confided to them in the agreements; or Public Boards, which include

Local Boards constituted for particular localities and particular

industries, and the State Board of Conciliation. In New Zealand, the

first reference is to an elective Board of Conciliation constituted for

the district in which the dispute has occurred. Should it fail to

effect a settlement, the matter may be referred to the Court of

Arbitration, which, similarly with the State Board {285} of

Conciliation in South Australia, consists of an equal number of

representatives of employers and employed and a chairman nominated by

the Government, who must, in the former country, be a judge of the

Supreme Court. These tribunals are invested with full powers to

require the attendance and examination of witnesses, and may either

make an award which shall take effect for a period not exceeding two

years, and may be enforced by legal process against associations and

individuals, or they may confine themselves, at their discretion, to a

recommendation which will be merely a direction to the parties

concerned.

In South Australia the State Board has also the power to inquire into,

and report upon, industrial disputes, though the parties be not

registered. This portion of the Act has alone been brought into

operation, and that unsuccessfully, as, though the representatives of

employers and employed on the Board arrived at a unanimous decision

upon a dispute affecting the rate of wages, the employer in question

refused to be guided by its judgment. The general failure of the Act,

though the affirmation of the principle of Conciliation has been

valuable, has been due partly to the absence of serious disputes in

South Australia, but principally to the unwillingness both of employers

and employed to place themselves in a position in which they will lose

control over the terms of employment.

The Act passed by the Government of New {286} Zealand, on the contrary,

has hitherto been entirely efficacious, and has prevented the

interruption of harmonious relations between employers and employed.

It was first tested upon a dispute which arose over the action of the

Consolidated Goldfields Company in reducing wages in the mines from

10s. to 8s. 4d. per day. The men, who were not members of a union,

went out on strike, and were then offered wages at the rate of 9s.

Upon the advice of their leaders, the men accepted the offer

provisionally; and, having formed themselves into a union which they

promptly caused to be registered, referred the matter to the Board of

Conciliation. The decision of the Board, which it is unnecessary to

specify, was refused by the men, who appealed to the Court of

Arbitration. The award of the latter body, which fixed the wages of

miners at 9s. 6d. per day, a rate smaller than that which had been

received by the men, but larger than that against which they had

protested, has been observed loyally by the Company and its employes.

The next dispute arose at Christchurch upon the expiration of the

agreement which had been in operation between the boot manufacturers

and their workmen for several years, and upon the desire of the former

to substitute new terms which were regarded as distasteful. It was

concerned with several matters of detail, but hinged principally upon

the question whether non-unionists should be allowed to work with

unionists. As in the {287} former case, an appeal was made from the

Board of Conciliation's award to the Court of Arbitration, whose

decision, it is noteworthy, both sides had signified their willingness

to accept. The award applied to all the bootmakers in the Province

with the exception of three or four who were not identified with the

boot manufacturers' association, and was accompanied by remarks

pronounced, it must be remembered, by a judge of the Supreme Court,

which cannot fail to be of interest to the Trades Unionists in all

parts of the world. I do not, therefore, apologise for quoting them at

length:--

"The Arbitration Court has not hitherto been in the habit of giving

reasons for its decision. It appears to the Court that, sitting as

arbitrators, it should as a general rule follow the ordinary practice

of arbitrators and simply give its decision without reasons. In the

present case, however, so far as I myself am concerned, I think it is

desirable that I should, with respect to part of the award, give some

indications of the reasons which have induced the Court to arrive at

its conclusion. The part of the award to which I refer is that which

relates to clauses 1 and 2 of the general rules which the

Manufacturers' Association has submitted to the Court: '1. (_a_) It is

the individual right of the employer to decide whom he shall employ or

dismiss. (_b_) It is the individual right of the workman to accept or

refuse work from any employer. {288} 2. Employers or employes, either

individually or through any organisation, shall not discriminate for or

against any person because he is or is not a member of any

organisation, neither shall there be any distinction between organised

or non-organised labour; both shall work under the same conditions and

receive equal pay for equal work.' The Bootmakers' Union, in

opposition to the rules so suggested, put forward the contention that

employment should be limited to members of the Bootmakers' Union. The

Court, however, is not able to accept the extreme view which has been

put forward by the Bootmakers' Union. If it were accepted it might

follow that an employer, who had work to do and who could not get Union

men to do it, might have to bring his operations to a standstill. The

effect of it also would be that non-Union men would be absolutely

prevented from earning their living in the workshops of the members of

the Manufacturers' Association. That, so far as I am concerned, seems

to be going beyond what the Court ought to decree. On the other hand,

however, I am not prepared to accept absolutely clauses 1 and 2 in the

form in which the Manufacturers' Association has put them forward. The

Court ought, I think, to comply with the intention of the Legislature

as evidenced in the provisions of the Industrial Conciliation and

Arbitration Act, and ought not to do anything which is calculated to

destroy or weaken any industrial organisation. The {289} intention of

the Act is indicated in its title--the Act is an Act to encourage the

formation of Industrial Unions and Associations. The Court, therefore,

ought not to do anything which will tend to destroy or weaken an

industrial association, or interfere with the manifest intention of the

Legislature as disclosed by the Act. We have this also, that for the

last three years the shops of the Manufacturers' Association have been

practically working as Union shops. It is true that manufacturers

say--probably with truth--that they were so worked because they could

not help it, but the fact remains that they have been working in that

way, and the proposed new rules, as put forward by the manufacturers,

expressly reverse the previous mode of working. We have this also,

that the previous statement was a statement agreed to between the

Manufacturers' Association and the Bootmakers' Union, the conference

which followed the statement was between the Association and the Union,

and the dispute now before the Court is between the Association and the

Union. It is only by means of Unions that labour can take advantage of

the Act. Under these circumstances, it seems to me not unreasonable

that the Union should stipulate for special privileges to its members.

The Union are fighting the battle, and it is fair that they should say

that the results of the victory, so far as it is a victory, and has any

beneficial results, should accrue to them, at any rate in the first

instance. They fight {290} the battle for their members, and not for

the sake of outside labour. Under these circumstances it appears to me

that it is quite reasonable that the members of the Union should have

preference in employment; that members of the Union who are competent

should not have to wait about while non-members of the Union are

employed in the shops of the Boot Manufacturers' Association. The

Court, therefore, has modified Rules 1 and 2 in this direction. I need

hardly say that each case to be decided under this Act must depend on

the particular circumstances attaching to it; that no one case can be

treated as a precedent to any future case, and that because under the

particular circumstances of a particular case, this Court has decided

as it has decided, that is no reason why, under different or varying

circumstances, a similar decision ought to be come to. The Court in

coming to its decision, takes into consideration not general principles

so much as the special circumstances of each particular case."

The award, which modified the regulations on the lines laid down by the

Court, is regarded as a great triumph by Trade Unionists, who are, not

unnaturally, inclined to apply it as a precedent to all organised

trades.

A possible exemplification of the efficacy of the Act occurred at the

end of 1896, when the engineers employed in the Australian trade of the

Union Steamship Company of New Zealand asked that {291} their wages

might be raised to the rate which had prevailed before the financial

troubles. They took advantage of the increased traffic caused by the

holidays in order to emphasise their demands. The engineers of the

ships plying in New Zealand waters made a similar request, which was at

once acceded to by the Company, but did not attempt to exert undue

pressure. I am not prepared to state that the difference in attitude

was due to the Conciliation and Arbitration Act of the latter country,

but the coincidence is calculated to encourage that belief. The

Managing Director of the Company (Mr. James Mills) told me that he was

a hearty supporter of compulsion, not so much because he believed in

arbitration, as because a strike or lock-out was obviated, and the

parties to a dispute, often trivial at the outset, were brought

together before they had been embittered by mutual recriminations. Mr.

Kingston, the Premier of South Australia, and the principal promoter of

the South Australian Act, has written in a similar strain:--

"Conciliation Boards should be established in anticipation of the

differences they are designed to prevent. On the occasion of a great

strike, the public cries out for conciliation. Suggestions are

received from all quarters recommending Conferences and Arbitration;

but when war has been declared, and the disputants, as it were, are at

each other's throats, each hopeful of ultimate success, they are seldom

in the mood to listen to peacemakers. If either party fears the result

of the {292} contest, it may favour pacific counsels. There is,

however, a vehement probability that the stronger party will reject all

overtures and insist on an unconditional surrender and all the

advantages which victory can command. The dispute is then determined,

not on its merits, but by sheer strength. The vanquished, smarting

under a sense of defeat and injustice, capitulate only with the view to

the early renewal of the struggle under more favourable

circumstances."[11]

(5) A large proportion of the workmen of Australasia are convinced

believers in Protection in the widest sense of the word. As far as

their opinion can be ascertained from the representation of Labour in

Parliament, it is unanimous in Victoria, South Australia, and New

Zealand. In New South Wales, as has been seen, the Labour Members

have, for the sake of solidarity, sunk the fiscal issue; but the

majority are Protectionists, and have proposed that the question of the

tariff should be settled for a fixed period by a plebiscite. Thereby

they believe that they will secure Protection and continue to be

unfettered in their support of the more advanced party. In Queensland,

also, the Labour programme states that the fiscal issue is not to be

regarded as a party question.

Protection, the Labour Members admit, raises prices to the consumer;

but they contend that, if prices are high, employers can afford to pay

high {293} wages, and that the strength of Trades Unionism should be

sufficient to enforce them. To put their argument, such as it is, in a

nutshell, it is better to have high prices and high wages than low

prices combined with low wages and uncertain employment. Then, as

combination is expected to keep wages at a high point, it is obvious

that it can be exercised most effectually over a small area, and we

find the South Australian Labour Members voting against a resolution in

favour of inter-provincial Free Trade, and Labour Members generally

imbued with an actual, if not avowed, opposition to Federation, the

first result of which would, it is believed, be the removal of fiscal

barriers. They profess, indeed, a desire for Federation on a

democratic basis, but are, as far as their material interests are

concerned, under the influence of a patriotism which is intensely

provincial and does not take account of national, much less of

imperial, considerations.

If he lives under a protective tariff, the workman asks himself of what

use is it to exclude the products of cheap labour if the cheap labourer

be allowed to enter the country and compete with him on the spot. The

agitation against Asiatic immigrants has, I am prepared to admit, a

wider basis, and rests largely upon physical repugnance and the fear

that they might enter in such large numbers as to swamp the white

population. To that extent it appeals to the Free Traders of New South

Wales, who have not been backward in their support of anti-Chinese

{294} legislation, and meets with the general support of Australians,

as was shown by the unanimity with which the Premiers, assembled in

Conference early in 1896, decided against participation in the

Anglo-Japanese treaty and in favour of the extension to other coloured

races of the restrictions placed upon the influx of the Chinese. But,

from the point of view of the working classes, antipathy is felt,

principally, towards competitors who have a lower standard of comfort,

and the difficulties placed in the way of Imperial statesmanship are

persistently ignored.

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