Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
Arbitration laws are also far more developed and successful in
European and Australasian countries than in Great Britain or the
United States, although the first English act concerning arbitration
was passed as early as 1603. In the first year of Queen Anne, 1701,
was the first act referring specially to arbitration of labor, and the
next, Lord St. Leonard's act, in 1867, which attempted to establish
councils of conciliation, something after the pattern of the French
_conseils de prudhommes_; but in 1896 these acts were repealed and the
Conciliation Act of the 59th Victoria, chapter 30, substituted. It
provides that the boards of arbitration may act of their own motion in
so far as to make inquiry and take such steps as they deem expedient
to bring the parties together, and upon application of either side may
appoint a conciliator, and on the application of both sides, appoint
an arbitrator. Their award is filed of record and made public, but
no provision is made for its compulsory enforcement. In France, the
legislation is much more intelligent. There the distinction between
individual and collective labor is clearly made and within recent
years there is elaborate legislation for the settlement of strikes,
disputes of the collective class, which we will later describe. For
the adjustment of individual disputes, France has long had in her
_conseils de prudhommes_ a special system of labor courts that
constitutes one of her most distinctive social institutions.[1] These
are special tribunals composed of employers and workingmen, created
for the purpose of adjusting disputes by conciliation if possible, or
judicially if conciliation fails. Appeal from their decisions is made
to the tribunals of commerce. The first such council was created in
Lyons in 1806, but since they have spread through all France. When the
amount involved does not exceed two hundred francs, the judgment of
the council is final; above that sum an appeal may be made to the
tribunal of commerce. The most important element of all, perhaps, is
that these councils have to some extent criminal powers, or powers of
punishment. They can examine the acts of workingmen in the industries
under their jurisdiction tending to disturb order or discipline, and
impose penalties of imprisonment not exceeding three days, having for
this concurrent jurisdiction with the justices of the peace. Elaborate
arbitration laws also exist in France, and whenever any strike occurs,
if the parties do not invoke arbitration the justices of the peace
must intervene to conciliate. Still there is no compulsory arbitration
except by agreement of both sides.
[Footnote 1: See the author's Report to the U.S. Industrial
Commission, vol. XVI, page 173.]
Similar laws exist in Belgium, Switzerland, Germany, Austria, Holland,
New Zealand, Australia, and Canada.
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