force or violating the award of the official board of arbitration concerning such an agreement. Under article 18 penalties are imposed for making any "public" appeal for a stoppage of work (whether strike or lockout) until the prescribed methods of conciliation and arbitration have been applied, during the time of their being applied, and once a solution of the question in dispute has been arrived at by these means.

Should the parties be unable to agree, an attempt at conciliation must, at the request of either of the parties, be made by the council of state, which may delegate one or more of its members for this purpose. In case of a difference which affects the whole of a trade, the council of state may of its own initiative make the attempt at conciliation.

The arbitrators selected for the adjustment of controversies, as prescribed by the law, may order the putting into force of a schedule of wages and other labor conditions in a trade only after a delay of at least six months after their decision, unless the parties accept by agreement a shorter delay.

X. AUSTRALASIAN LEGISLATION.

AUSTRALASIA.

The Commonwealth of Australia, the several constituent States, and the Commonwealth of New Zealand have during the past 25 years developed elaborate governmental machinery for the determination of wages and working conditions, the prevention of strikes, and the promotion of industrial peace. The primary object of these laws has been to protect the working classes against rates of pay and working conditions which are alleged to be unsatisfactory and to protect employers, industrial workers, and the general public against the inconvenience and losses arising from industrial warfare. Under these conditions special attention has not been directed toward the . transportation industry and the public-utility service. The regulation of wage disputes between public-service corporations and their employees has been subordinate to the broader objects of the industrial program. The different laws and their operation afford, however, a valuable insight into the efficacy of legislative provisions. for the prevention of strikes and the compulsory mediation or arbitration of disputes relative to wages and industrial conditions.

THE COMMONWEALTH OF AUSTRALIA.

Authority was granted to the Federal Parliament of Australia to legislate in reference to industrial disputes extending beyond the boundaries of any one State by the constitution of 1900, the law thus authorized being enacted in 1904. The law is of the most inclusive scope as far as employments or occupations are concerned, and the court established by it has cognizance of all disputes, actual, impending, or threatened, which are of a geographic extent to bring them within the Federal purview.

Jurisdiction is obtained by certification by the proper industrial or political authority, by the request of the parties in interest, or by the voluntary action of the president of the court. Conciliation

is, of course, the first attempt, which failing, awards of a binding nature may be made. Cases under consideration by State authorities may be taken over by the Federal court if the extent of the dispute warrants such action.

The system is based on unionism, registers of organizations of employers and employees being kept by an official registrar, whose certifications and records are an essential part of the procedure established by the act. Strikes and lockouts are forbidden under penalties of such severity as to make their occurrence extremely unlikely, while the enforcement of awards is likewise undertaken by levying fines on the offending persons or organizations, members of unions being personally responsible where the union assets are insufficient to meet the fine. Agreements by way of conciliation, when properly authenticated, are binding in the same way as awards. The court has authority to make use of subsidiary bodies and agencies for the securing of data or the decision of technical matters. Amendments extending the authority of the court and strengthening the provisions of the act are evidence that the method is generally approved, though there are, of course, some unwilling submissions. There has not been since the enactment of the law any strike extending beyond the boundaries of a single State.

The definition of "industrial disputes" as amended by an act of 1911 includes:

(1) Any dispute as to industrial matters, and

(2) Any dispute in relation to employment in an industry carried on by or under the control of the Commonwealth or a State, or any public authority constituted under the Commonwealth or a State, and

(3) Any threatened or impending or probable industrial dispute.

The definition in those cases in which a dispute extends beyond the "limits of any one State" includes "employment upon State railways," although the special reference thereto which had been included in the definition of "industrial disputes" in the original act is omitted in the act as amended.

In Part II of the act it is provided that no person or organization shall, on account of any industrial dispute, do anything in the nature of a lockout or strike or continue any lockout or strike.

This section does not apply to anything proved to have been done for good cause independent of the industrial dispute, but on a prosecution for any contravention of this section the onus of such proof is placed on the defendant. In default of such proof, and on proof of the lockout, strike, or continuation of the industrial dispute, such acts are deemed to have been on account of the industrial dispute.

In the case of a lockout or strike by any person or association the act provides for the imposition of a fine of £1,000.

Under section 7 of the act where persons with a view to being associated as employers and employees, respectively, in any industry have entered into an industrial agreement with respect to employment in that industry any of such persons who, without reasonable cause or excuse, refuse or neglect to offer or accept employment upon the terms of the agreement is deemed to be guilty of a lockout or strike, as the case may be.

The sole tribunal created under the act is a court consisting of a president appointed by the Governor General from among the

justices of the high court of the Commonwealth. The president is entitled to hold office for seven years and is eligible for reappointment.

A distinction is drawn between the duties of the "president" and the "court," the former being specially charged with the duty "of endeavoring at all times by all lawful ways and means to reconcile the parties to industrial disputes, whether or not the court has cognizance of them, in all cases in which it appears to him that his mediation is desirable in the public interest.

Under the amending act of 1910 the president may, whenever in his opinion it is desirable for the purpose of preventing or settling an industrial dispute, summon any person to attend, at a time and place specified in the summons, at a conference presided over by himself. Any person summoned shall attend the conference and continue his attendance thereat as directed by the president.

The industrial disputes of which the court shall have cognizance "for the purpose of prevention and settlement" are thus set out:

(a) All industrial disputes which are certified to the court by the registrar as proper to be dealt with by it in the public interest;

(b) All industrial disputes which are submitted to the court by an organization, or by an association registered for the time being as an organization, by plaint;

(c) All industrial disputes with which any State industrial authority, or the governor in council of a State in which there is no State industrial authority, requests the court to deal; and

(d) All industrial disputes as to which the President has held a conference under section sixteen A of this act, and as to which no agreement has been reached, and which the President has thereupon referred to the court.

Awards of the court continue in force for such period as may be specified not exceeding five years, but unless the court otherwise determines, continue in force after the expiration of this period until a new award is made.

DIGEST OF CONCILIATION AND ARBITRATION ACT.

A summary of the leading features of the conciliation and arbitration act of the Commonwealth of Australia is set forth below:

CONCILIATION AND ARBITRATION ACT, 1904, AMENDED TO 1915.

SCOPE OF LAW.

(a) Employers: Any employer in any industry or undertaking; (b) Employees: Any employee in any industry or undertaking.

ADMINISTRATION.

(a) A court of conciliation and arbitration, consisting of a president, who is one of the justices of the high (Federal supreme) court;

(b) Justices of the high court or judges of the supreme courts of the States, appointed by the president as his deputy, with such powers and functions as he may see fit to assign them;

(c) An industrial registrar and deputy industrial registrars;

(d) Conciliation committees of equal numbers of employers and employees; (e) Assessors representing the parties, appointed by the court to advise it; (f) Local industrial boards, either a State industrial authority or a specially constituted board, equally representative of employers and employees, with a justice of the high court or judge of the State supreme courts as chairman.

MATTERS COGNIZABLE.

Industrial disputes, whether actual or only threatened, impending, or probable, extending beyond the limits of any one State, including all matters relat

ing to work, wages, hours, privileges, duties of employers and employees, conditions of employment, etc.; also all such disputes in the Northern Territory, or relating to employment in any industry carried on by or under the control of the Commonwealth or a State or any public authority thereunder.

JURISDICTION OBTAINED.

(a) By certification of dispute by the registrar as proper to be dealt with in the public interest;

(b) By submission by an organization of employers or employees registered under this act;

(c) By request of a State industrial authority or of the governor in council of a State having no industrial authority;

(d) By intervention of the president in any case in which it appears to him that his mediation is desirable in the public interest.

If it appears that a State industrial authority is about to deal with a dispute cognizable by the court, it may direct the State authority to desist and the court itself deal with the dispute.

The Federal high court has jurisdiction to hear and determine whether any alleged dispute exists or is threatened, impending, or probable, or extends beyond the limits of any one State. This jurisdiction may be exercised by any justice of the high court sitting in chambers.

The initiation or continuance of any strike or lockout by any person or organization is forbidden under penalty of £1,000 ($4,866.50).

PROCEDURE.

(a) Conferences with individuals summoned by the president for the purpose of preventing or settling a dispute.

(b) Investigations and suggestions to induce settlements by amicable agreement. An agreement thus reached, when properly signed and certified, has the force of an award.

(c) Temporary reference of any matter by the court to a conciliation committee with a view to conciliation.

(d) Reference by the court to a local industrial board for investigation and report, or with full authority to act. Dispute may be decided on the report of such a board and the award made without further hearing.

(e) Awards in determination of the dispute, or any part thereof, not settled by agreement.

SUBMISSIONS OF DISPUTES BY ORGANIZATIONS.

(a) Must be approved by the court; or

(b) Must be certified by the registrar that they have been given in writing, with the consent of the organization given in proper form.

DUTIES AND POWERS OF THE COURT OF CONCILIATION AND ARBITRATION.

(a) To hear and determine disputes and to make orders and awards in pursuance of the hearings and determinations.

(b) To enforce compliance with orders, awards, or directions by injunctions or money penalties.

(c) To summon parties and witnesses, administer oaths, and require the production of books and papers.

(d) To at any time in its discretion require security from an organization submitting a dispute for the performance of the award.

(e) To inspect at any time during working hours, either in person or by an appointee, any building, mine, vessel, or other premises or working place which is the subject of the dispute or award, or in which an offense against the act is suspected.

(f) To establish rules for the conduct of industry and require their observance by all persons, whether members of organizations or not.

(g) To assess costs on either party for the benefit of the other, but not so as to include the services of counsel, solicitors, or agents.

(h) To refer technical matters to experts, and to dismiss matters or parts of matters of a trivial character or otherwise not of a nature demanding further consideration.

(i) To join or strike out parties, to modify or review its own orders and awards, waive irregularities, adjourn sittings to any time and place, make rules

as to practice and procedure, and generally to do all things necessary or expedient in the premises.

(j) To issue on the request of any party orders in the discretion of the president as to any interlocutory proceedings to be taken before the hearing. Proceedings shall be according to equity, good conscience, and the substantial merits of the case, without regard to technicalities, legal forms, or the rules of evidence.

All powers may be exercised at the instance of any party in interest or by the court on its own motion, except that no order or award shall be varied or submission reopened except on the application of a party.

Hearings may be had in the absence of any party who has been notified to appear.

Organizations may be represented at a hearing or determination by a member or officer, and parties not organizations by an employee of the party; but no counsel, solicitor, or paid agent shall appear without the consent of all parties.

DUTIES AND POWERS OF REGISTRARS AND DEPUTIES.

(a) To certify as to the proper form and authority of submissions, or as to the existence or imminence of a dispute and the propriety of its consideration by the court.

(b) To receive and keep on file a copy of every award.

(c) To keep a record of registered organizations of employers and employees, issuing certificates of registration thereto.

(d) To perform such other duties as the president may prescribe by rules properly issued.

DUTIES AND POWERS OF CONCILIATION COMMITTEES.

To act on matters referred to them by the court with a view to reconciling the parties.

DUTIES AND POWERS OF ASSESSORS.

To advise the court in regard to matters referred to them, and discharge such other duties as may be directed by the court or otherwise.

DUTIES AND POWERS OF LOCAL INDUSTRIAL BOARDS.

To investigate and report on any dispute or any matter arising out of a dispute, or to exercise all the powers of the court in reference thereto as to conciliation and amicable agreement, if so authorized.

AWARDS.

(a) Shall be framed to best express the decision of the court without technicality.

(b) Are not restricted to the specific relief claimed or demand made by the parties, but may include any matter or thing thought necessary or expedient to settle the dispute or prevent further disputes.

(c) Shall be in force for the term fixed therein, which shall not exceed five years; but in the absence of orders to the contrary, shall be in force thereafter until a new award is made.

(d) Shall be binding on all parties who appear or are represented at the hearings, and on all who have been summoned as parties or required to answer the claim, unless found to be improperly made parties; successors or assignees of employers are bound, as are all members of organizations covered by an award, and all organizations or persons on whom the award is declared by the court to be binding as a common rule.

(e) Supersede any inconsistent State law, or award or order of a State industrial authority.

APPEALS.

No award or order of the court may be challenged, appealed against. reviewed, quashed, or called in question in any other court, but shall be subject to variation by the court of conciliation and arbitration at any time during its continuance.