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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


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