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.
The apprentice system still exists in perfection in all European
states, including Great Britain, although there most of the unions
restrict the number that may be employed. In the United States it has,
unfortunately, fallen entirely into disuse.
It has already been mentioned that the factory laws, laws regulating
the sanitary conditions, etc., of factories and sweat-shops, are far
more complicated and intelligent upon the Continent, and even in
England, than in the United States of America.
Coming finally to what most persons consider the most important line,
that of strikes, boycotts, and intimidation
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