Part 14

Arbitration and conciliation.

The laws just treated relate almost entirely to acts either of employers or of employés, but there is another form of law, namely, that providing for action to be taken by others in the effort to prevent working people from losing employment, either by their own acts or by those of their employers, or to settle any differences which arise out of controversies relating to wages, hours of labour, terms and conditions of employment, rules, &c. These laws provide for the mediation and the arbitration of labour disputes (see ARBITRATION AND CONCILIATION). Twenty-three states and the Federal government have laws or constitutional provisions of this nature. In some cases they provide for the appointment of state boards, and in others of local boards only. A number of states provide for local or special boards in addition to the regular state boards. In some states it is required that a member of a labour organization must be a member of the board, and, in general, both employers and employés must be represented. Nearly all state boards are required to attempt to mediate between the parties to a dispute when information is received of an actual or threatened labour trouble. Arbitration may be undertaken in some states on application from either party, in others on the application of both parties. An agreement to maintain the _status quo_ pending arbitration is usually required. The modes of enforcement of obedience to the awards of the boards are various. Some states depend on publicity alone, some give the decisions the effect of judgments of courts of law which may be enforced by execution, while in other states disobedience to such decisions is punishable as for contempt of court. The Federal statute applies only to common carriers engaged in interstate commerce, and provides for an attempt to be made at mediation by two designated government officials in controversies between common carriers and their employés, and, in case of the failure of such an attempt, for the formation of a board of arbitration consisting of the same officials together with certain other parties to be selected. Such arbitration boards are to be formed only at the request or upon the consent of both parties to the controversy.

The judicial enforcement of labour laws.

The enforcement of laws by executive or judicial action is an important matter relating to labour legislation, for without action such laws would remain dead letters. Under the constitutions of the states, the governor is the commander-in-chief of the military forces, and he has the power to order the militia or any part of it into active service in case of insurrection, invasion, tumult, riots or breaches of the peace or imminent danger thereof. Frequent action has been taken in the case of strikes with the view of preventing or suppressing violence threatened or happening to persons or property, the effect being, however, that the militia protects those working or desiring to work, or the employers. The president of the United States may use the land and naval forces whenever by reason of insurrection, domestic violence, unlawful obstructions, conspiracy, combinations or assemblages of persons it becomes impracticable to enforce the laws of the land by the ordinary course of judicial proceedings, or when the execution of the laws is so hindered by reason of such events that any portion or class of the people are deprived thereby of their rights and privileges under the constitution and laws of the country. Under this general power the United States forces have been used for the protection of both employers and employés indirectly, the purpose being to protect mails and, as in the states, to see that the laws are carried out.

The power of the courts to interfere in labour disputes is through the injunction and punishment thereunder for contempt of court. It is a principle of law that when there are interferences, actual or threatened, with property or with rights of a pecuniary nature, and the common or statute law offers no adequate and immediate remedy for the prevention of injury, a court of equity may interpose and issue its order or injunction as to what must or must not be done, a violation of which writ gives the court which issued it the power to punish for contempt. The doctrine is that something is necessary to be done to stop at once the destruction of property and the obstruction of business, and the injunction is immediate in its action. This writ has been resorted to frequently for the indirect protection of employés and of employers. (C. D. W.)

AUTHORITIES.--ENGLISH: (a) Factory Legislation: Abraham and Davies, _Law relating to Factories and Workshops_ (London, 1897 and 1902); Redgrave, _Factory Acts_ (London, 1897); Royal Commission on Labour, _Minutes of Evidence and Digests_, Group "C" (3 vols., 1892-1893), _Assistant Commissioner's Report on Employment of Women_ (1893), _Fifth and Final Report of the Commission_ (1894); International Labour Conference at Berlin, _Correspondence, Commercial Series_ (C, 6042) (1890); House of Lords Committee on the Sweating System, _Report_ (1891); _Home Office Reports_: Annual Reports of H.M. Chief Inspector of Factories (1879 to 1901), Committee on White Lead and Various Lead Industries (1894), Working of the Cotton Cloth Factories Acts (1897), Dangerous Trades (Anthrax) Committee, Do., Miscellaneous Trades (1896-97-98-99), Conditions of Work in Fish-Curing Trade (1898), Lead Compounds in Pottery (1899), Phosphorus in Manufacture of Lucifer Matches (1899), &c., &c.; Whately Cooke-Taylor, _Modern Factory System_ (London, 1891); Oliver, _Dangerous Trades_ (London, 1902); Cunningham, _Growth of English Commerce and Industry_ (1907); Hutchins and Harrison, _History of Factory Legislation_ (1903); Traill, _Social England, &c., &c._ (b) Mines and Quarries: _Statutes_: Coal Mines Regulation Acts 1886, 1894, 1896, 1899; Metalliferous Mines Regulation Acts 1872, 1875; Quarries Act 1894; Royal Commission on Labour, _Minutes of Evidence and Digests_, Group "A" (1892-1893, 3 vols.); Royal Commission on Mining Royalties, _Appendices_ (1894); _Home Office Reports_: Annual General Report upon the Mining Industry (1894-1897), Mines and Quarries, General Reports and Statistics (1898 to 1899), Annual Reports of H.M. Chief Inspector of Factories (1893-1895) (Quarries); Macswinney and Bristowe, _Coal Mines Regulation Act_ 1887 (London, 1888). (c) Shops: _Statutes_: Shop Hours Acts 1892, 1893, 1896, Seats for Shop Assistants Act 1899; _Report of Select Committee of House of Commons on the Shop Hours Regulation Bill 1886_ (Eyre and Spottiswoode). (d) Truck: _Home Office Reports_: Annual Reports of H.M. Chief Inspector of Factories, especially 1895-1900, Memorandum on the Law relating to Truck and Checkweighing Clauses of the Coal Mines Acts 1896, Memorandum relating to the Truck Acts, by Sir Kenelm Digby, with text of Acts (1897).

CONTINENTAL EUROPE: _Annuaire de la législation du travail_ (Bruxelles, 1898-1905); _Hygiène et sécurité des travailleurs dans les ateliers industriels_ (Paris, 1895); _Bulletin de l'inspection du travail_ (Paris, 1895-1902); _Bulletin de l'office international du travail_ (Paris, 1902-1906); _Congrès international de législation du travail_ (1898); _Die Gewerbeordnung für das deutsche Reich_. (1) Landmann (1897); (2) Neukamp (1901); _Gesetz betr. Kinderarbeit in gewerblichen Betrieben_, 30. _März 1903_; Konrad Agahd, _Manz'sche Gesetzausgabe_, erster Band und siebenter Band (Wien, 1897-1898); _Legge sugli infortunii del lavoro_ (Milan, 1900).

UNITED STATES: See the _Twenty-Second Annual Report of the Commissioner of Labor_ (1907) giving all labour laws in force in the United States in 1907, with annotations of decisions of courts; bimonthly _Bulletins_ of the U.S. Bureau of Labor, containing laws passed since those published in the foregoing, and decisions of courts relating to employers and employés; also special articles in these _Bulletins_ on "Employer and Employé under the Common Law" (No. 1), "Protection of Workmen in their Employment" (No. 26), "Government Industrial Arbitration" (No. 60), "Laws relating to the Employment of Women and Children, and to Factory Inspection and the Health and Safety of Employés" (No. 74), "Wages and Hours of Labor in Manufacturing Industries, 1890 to 1907" (No. 77), "Review of Labor Legislation of 1908 and 1909" (No. 85); also "Report of the Industrial Commission on Labor Legislation" (vol. v., _U.S. Commission's Report_); C. D. Wright, _Industrial Evolution in the United States_ (1887); Stimson, _Handbook to the Labor Laws of the United States_, and _Labor in its Relation to Law_; Adams and Sumner, _Labor Problems_; Labatt, _Commentaries on the Law of Master and Servant_.

FOOTNOTES:

[1] The term "labour" (Lat. _labor_) means strictly any energetic work, though in general it implies hard work, but in modern parlance it is specially confined to industrial work of the kind done by the "working-classes."

[2] H. D. Traill, _Social England_, v. 602 (1896).

[3] W. Cunningham, _Growth of English Commerce and Industry_.

[4] W. Cunningham, _Growth of English Commerce and Industry_.

[5] From an "Essay on Trade" (1770), quoted in _History of Factory Legislation_, by B. L. Hutchins and A. Harrison (1903), pp. 5, 6.

[6] Minutes of Evidence, House of Commons, 1876; quoted in _History of Factory Legislation_, by Harrison and Hutchinson, p. 179.

LABOUR PARTY, in Great Britain, the name given to the party in parliament composed of working-class representatives. As the result of the Reform Act of 1884, extending the franchise to a larger new working-class electorate, the votes of "labour" became more and more a matter of importance for politicians; and the Liberal party, seeking for the support of organized labour in the trade unions, found room for a few working-class representatives, who, however, acted and voted as Liberals. It was not till 1893 that the Independent Labour party, splitting off under Mr J. Keir Hardie (b. 1856) from the socialist organization known as the Social Democratic Federation (founded 1881), was formed at Bradford, with the object of getting independent candidates returned to parliament on a socialist programme. In 1900 Mr Keir Hardie, who as secretary of the Lanarkshire Miners' Union had stood unsuccessfully as a labour candidate for Mid-Lanark in 1888, and sat as M.P. for West Ham in 1892-1895, was elected to parliament for Merthyr-Tydvil by its efforts, and in 1906 it obtained the return of 30 members, Mr Keir Hardie being chairman of the group. Meanwhile in 1899 the Trade Union Congress instructed its parliamentary committee to call a conference on the question of labour representation; and in February 1900 this was attended by trade union delegates and also by representatives of the Independent Labour party, the Social Democratic Federation and the Fabian Society. A resolution was carried "to establish a distinct labour group in parliament, who shall have their own whips, and agree upon their own policy, which must embrace a readiness to co-operate with any party which for the time being may be engaged in promoting legislation in the direct interest of labour," and the committee (the Labour Representation Committee) was elected for the purpose. Under their auspices 29 out of 51 candidates were returned at the election of 1906. These groups were distinct from the Labour members ("Lib.-Labs") who obeyed the Liberal whips and acted with the Liberals. In 1908 the attempts to unite the parliamentary representatives of the Independent Labour party with the Trades Union members were successful. In June of that year the Miners' Federation, returning 15 members, joined the Independent Labour party, now known for parliamentary purposes as the "Labour Party"; other Trades Unions, such as the Amalgamated Society of Railway Servants, took the same step. This arrangement came into force at the general election of 1910, when the bulk of the miners' representatives signed the constitution of the Labour party, which after the election numbered 40 members of parliament.

LABRADOR,[1] a great peninsula in British North America, bounded E. by the North Atlantic, N. by Hudson Strait, W. by Hudson and James Bays, and S. by an arbitrary line extending eastwards from the south-east corner of Hudson Bay, near 51° N., to the mouth of the Moisie river, on the Gulf of St Lawrence, in 50° N., and thence eastwards by the Gulf of St Lawrence. It extends from 50° to 63° N., and from 55° to 80° W., and embraces an approximate area of 511,000 sq. m. Recent explorations and surveys have added greatly to the knowledge of this vast region, and have shown that much of the peninsula is not a land of "awful desolation," but a well-wooded country, containing latent resources of value in its forests, fisheries and minerals.

_Physical Geography._--Labrador forms the eastern limb of the V in the Archaean protaxis of North America (see CANADA), and includes most of the highest parts of that area. Along some portions of the coasts of Hudson and also of Ungava Bay there is a fringe of lowland, but most of the interior is a plateau rising toward the south and east. The highest portion extends east and west between 52° and 54° N., where an immense granite area lies between the headwaters of the larger rivers of the four principal drainage basins; the lowest area is between Hudson Bay and Ungava Bay in the north-west, where the general level is not more than 500 ft. above the sea. The only mountains are the range along the Atlantic coast, extending from the Strait of Belle Isle to Cape Chidley; in their southern half they rarely exceed 1500 ft., but increase in the northern half to a general elevation of upwards of 2000 ft., with numerous sharp peaks between 3000 and 5000 ft., some say 7000 or 8000 ft. The coasts are deeply indented by irregular bays and fringed with rocky islands, especially along the high Atlantic coast, where long narrow fiords penetrate inland. Hamilton Inlet, 250 m. north of the Strait of Belle Isle, is the longest of these bays, with a length of 150 m. and a breadth varying from 2 to 30 m. The surface of the outer portions of the plateau is deeply seamed by valleys, cut into the crystalline rocks by the natural erosion of rivers, depending for their length and depth upon the volume of water flowing through them. The valley of the Hamilton river is the greatest, forms a continuation of the valley of the Inlet and extends 300 m. farther inland, while its bottom lies from 500 to 1500 ft. below the surface of the plateau into which it is cut. The depressions between the low ridges of the interior are occupied by innumerable lakes, many of great size, including Mistassini, Mishikamau, Clearwater, Kaniapiskau and Seal, all from 50 to 100 m. long. The streams discharging these lakes, before entering their valleys, flow on a level with the country and occupy all depressions, so that they frequently spread out into lake-expansions and are often divided into numerous channels by large islands. The descent into the valleys is usually abrupt, being made by heavy rapids and falls; the Hamilton, from the level interior, in a course of 12 m. falls 760 ft. into the head of its valley, this descent including a sheer drop of 315 ft. at the Grand Falls, which, taken with the large volume of the river, makes it the greatest fall in North America. The rivers of the northern and western watersheds drain about two-thirds of the peninsula; the most important of the former are the Koksoak, the largest river of Labrador (over 500 m. long), the George, Whale and Payne rivers, all flowing into Ungava Bay. The large rivers flowing westwards into Hudson Bay are the Povungnituk, Kogaluk, Great Whale, Big, East Main and Rupert, varying in length from 300 to 500 m. The rivers flowing south are exceedingly rapid, the Moisie, Romaine, Natashkwan and St Augustine being the most important; all are about 300 m. long. The Atlantic coast range throws most of the drainage northwards into the Ungava basin, and only small streams fall into the ocean, except the Hamilton, North-west and Kenamou, which empty into the head of Hamilton Inlet.

_Geology._--The peninsula is formed largely of crystalline schists and gneisses associated with granites and other igneous rocks, all of archaean age; there are also large areas of non-fossiliferous, stratified limestones, cherts, shales and iron ores, the unaltered equivalents of part of the schists and gneisses. Narrow strips of Animikie (Upper Huronian or perhaps Cambrian) rocks occur along the low-lying southern and western shores, but there are nowhere else indications of the peninsula having been below sea-level since an exceedingly remote time. During the glacial period the country was covered by a thick mantle of ice, which flowed out radially from a central collecting-ground. Owing to the extremely long exposure to denudation, to the subsequent removal of the greater part of the decomposed rock by glaciers, and to the unequal weathering of the component rocks, it is now a plateau, which ascends somewhat abruptly within a few miles of the coast-line to heights of between 500 and 2000 ft. The interior is undulating, and traversed by ridges of low, rounded hills, seldom rising more than 500 ft. above the surrounding general level.

_Minerals._--The mineral wealth is undeveloped. Thick beds of excellent iron ore cover large areas in the interior and along the shores of Hudson and Ungava Bays. Large areas of mineralized Huronian rocks have also been discovered, similar to areas in other parts of Canada, where they contain valuable deposits of gold, copper, nickel and lead; good prospects of these metals have been found.

_Climate._--The climate ranges from cold temperate on the southern coasts to arctic on Hudson Strait, and is generally so rigorous that it is doubtful if the country is fit for agriculture north of 51°, except on the low grounds near the coast. On James Bay good crops of potatoes and other roots are grown at Fort George, 54° N., while about the head of Hamilton Inlet, on the east coast, and in nearly the same latitude, similar crops are easily cultivated. On the outer coasts the climate is more rigorous, being affected by the floating ice borne southwards on the Arctic current. In the interior at Mistassini, 50° 30´ N, a crop of potatoes is raised annually, but they rarely mature. No attempts at agriculture have been made elsewhere inland. Owing to the absence of grass plains, there is little likelihood that it will ever be a grazing district. There are only two seasons in the interior: winter begins early in October, with the freezing of the small lakes, and lasts until the middle of June, when the ice on rivers and lakes melts and summer suddenly bursts forth. From unconnected observations the lowest temperatures of the interior range from -50° F. to -60° F., and are slightly higher along the coast. The mean summer temperature of the interior is about 55° F., with frosts during every month in the northern portion. On the Atlantic coast and in Hudson Bay the larger bays freeze solid between the 1st and 15th of December, and these coasts remain ice-bound until late in June. Hudson Strait is usually sufficiently open for navigation about the 10th of July.

_Vegetation._--The southern half is included in the sub-Arctic forest belt, and nine species of trees constitute the whole arborescent flora of this region; these species are the white birch, poplar, aspen, cedar. Banksian pine, white and black spruce, balsam fir and larch. The forest is continuous over the southern portion to 53° N., the only exceptions being the summits of rocky hills and the outer islands of the Atlantic and Hudson Bay, while the low margins and river valleys contain much valuable timber. To the northward the size and number of barren areas rapidly increase, so that in 55° N. more than half the country is treeless, and two degrees farther north the limit of trees is reached, leaving, to the northward, only barrens covered with low Arctic flowering plants, sedges and lichens.

_Fisheries._--The fisheries along the shores of the Gulf of St Lawrence and of the Atlantic form practically the only industry of the white population scattered along the coasts, as well as of a large proportion of the inhabitants of Newfoundland. The census (1891) of Newfoundland gave 10,478 men, 2081 women and 828 children employed in the Labrador fishery in 861 vessels, of which the tonnage amounted to 33,689; the total catch being 488,788 quintals of cod, 1275 tierces of salmon and 3828 barrels of herring, which, compared with the customs returns for 1880, showed an increase of cod and decreases of salmon and herring. The salmon fishery along the Atlantic coast is now very small, the decrease being probably due to excessive use of cod-traps. The cod fishery is now carried on along the entire Atlantic coast and into the eastern part of Ungava Bay, where excellent catches have been made since 1893. The annual value of the fisheries on the Canadian portion of the coast is about $350,000. The fisheries of Hudson Bay and of the interior are wholly undeveloped, though both the bay and the large lakes of the interior are well stocked with several species of excellent fish, including Arctic trout, brook trout, lake trout, white fish, sturgeon and cod.