attempting gradually to raise them.... To put it
concretely, whenever the percentage of the unemployed in any
particular industry begins to rise from the 3 or 5 per cent
characteristic of 'good trade' to the 10, 15 or even 25 per
cent. experienced in 'bad trade' there must be a pause in
the operatives' advance movement." "Industrial Democracy,"
pages 738-9.
[142] H. B. Higgins, "A New Province for Law and Order,"
_Harvard Law Review_, Dec., 1920, page 114.
[143] Justice Higgins, the head of the Commonwealth Court of
Australia, has recently resigned because of the action of
the legislature in providing that the executive may set up
special and independent tribunals of appeal above the Court
of Arbitration. His letter giving the reasons for his
resignation (printed in the Melbourne _Argus_, Oct. 26,
1920), gives most convincingly the case for freedom from
political interference. One passage of explanation in it is
as follows:
"On the other hand, a permanent court of a judicial
character tends to reduce conditions to system, to
standardize them, to prevent irritating contrasts. It knows
that a reckless concession made in one case will multiply
future troubles. A union that knows that a certain claim is
likely to be contested by the court will bring pressure to
bear for a special tribunal; and the special tribunal
appointed by the government will be apt to yield to demands
for the sake of continuity in the one industry before it,
regardless of the consequences in other industries. The
objectives of the permanent court and of the temporary
tribunals are, in truth, quite different--one seeks to
provide a just and balanced system which will tend to
continuity of work in industries generally, whereas the
other seeks to prevent or to end a present strike in its own
industry." See also Lord Askwith's "Industrial Problems and
Disputes" for another expression of the same view.
CHAPTER XI--THE REGULATION OF WAGE LEVELS--(_Continued_)--
WAGES AND PRICES
Section 1. The scheme of wage relationship must recommend itself as
just to the wage earners and the community in general. The ultimate
distributive question to be met is the division of the product
between profit and wages.--Section 2. Provision for the adjustment
of wages to price movements would aid, however, towards reaching
distributive goal. A policy of adjustment suggested.--Section 3.
The difficulty of maintaining sche
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