Part 10

Their recommendations were embodied in a {137} measure introduced in 1895 and passed in the following session, but limited in its operation, by the action of the Council, to a period of four years. Its most important provisions aim at the protection of the workers in those industries in which they are least able to protect themselves. The desire of the Government was to get persons as far as possible to work in factories and to deal with the difficulty of outworkers by a system of permits. Clause 13 of the Bill prohibited the making up of apparel outside a factory except by those who had received a permit from the chief inspector, which was not to be given unless he were satisfied that the person applying for it was prevented by domestic duties or bodily affliction from working inside a factory or workroom. Employers were to keep a record showing the work done by holders of permits, their names and addresses, and the amount of remuneration, which was to be forwarded periodically to the chief inspector, and might be published in the Government Gazette at the discretion of the Governor in Council. The number of outworkers would be reduced to a minimum, and the fear of publicity would act as a check upon their employers. A further protection was afforded to makers of furniture and of clothing or wearing apparel, including boots and shoes, by clauses under which the Governor in Council was authorised to appoint special Boards, consisting of a chairman and four members, of whom two were to be representatives {138} of occupiers of factories and workrooms in which such articles were prepared or manufactured, and two of the persons employed in wholly or partly preparing such articles. The Board was to determine the lowest rate which should be paid to the employes, whether working inside or outside a factory. The Assembly added another clause which authorised the appointment of similar Boards for the determination of the hours of labour in any manufacturing industry, but the Council refused to accept it, and also rejected the clause which prohibited outside work by others than holders of permits. They introduced amendments which provided that the discretionary publication of particulars in the Gazette should be limited to cases in which an employer had been convicted for some contravention of the Factories and Shops Acts, and that the special Wage Boards should be elective, in the belief that it would be dangerous to vest the power of appointment in the Governor in Council, since it would actually be exercised by the Chief Secretary. The Government agreed to the former of these amendments, as the value of the right of publication was lessened by the Council's acceptance of the principle of the Wage Boards; but upon the other points of difference a conflict ensued between the two Houses, which resulted in the final decision that the Boards are to be elective, and that outworkers will not be required to obtain a permit, but, if engaged in the manufacture of clothing or {139} wearing apparel, must register their names and addresses with the chief inspector, for the confidential use of the Department, and must answer all questions put to them by inspectors as to the names of their employers and the rate of remuneration. The Chief Secretary had explained in the Assembly that the Government desired to obtain the registration of outworkers in order that they might know from the individuals themselves the addresses at which they were working, and whether they were being paid in accordance with the prices fixed by the Boards. It is also provided that a sub-contractor, equally with the occupier of a factory, must keep the prescribed record of all work given out by him.

The furniture trade, as has been seen, is one of those for which the Governor in Council may cause special Boards to be elected; but it has been realised that, in the cabinet-making branch, owing to their superior numbers, the Chinese would obtain a controlling voice. This difficulty was met by an amending Bill which authorised the nomination of these Boards. Other sections of the Act also aim at the protection of the white workman: one Chinaman is to be deemed to constitute a factory, and no person employed in a factory or workroom in the manufacture of any article of furniture is to work on a Sunday, after two o'clock on a Saturday, or between five o'clock in the evening and half-past seven in the morning on any other day of the week. Furniture made in Victoria is to be stamped legibly {140} and indelibly in such a manner as to show whether it was manufactured by white or Chinese labour. It is noteworthy that, through the Boards which will fix the minimum rate of pay in the baking and furniture trades, the Victorian Government are making their first attempt to regulate the labour of men; in the other trades affected by these Boards women form the vast majority of the workers.

The general provisions of this Act as they affect factories include greater stringency in the sanitary requirements, in the limitation of the hours of labour of women and boys, and in the precautions against accidents. Laundries and dye-works are constituted factories, and the powers of inspectors are in several respects strengthened.

The sections dealing with shops also deserve a word of notice. The necessity for further legislation was based by the Chief Secretary on the ground that under the existing law Municipal Councils were not bound to give effect to petitions received from a majority of shopkeepers, and could only bind their own districts. Besides, the penalties imposed for contravention of any law or bye-law had, in many cases, been so small that shopkeepers had been able to ignore it with practical impunity. He therefore proposed that petitions should in future be addressed either to the Governor or to the local authorities, that a metropolitan district should be constituted so as to render possible uniformity in the hours of closing shops, and that the penalties should be on a {141} fixed scale. These proposals were embodied in the Act, as were others which provided that assistants in shops should have a weekly half-holiday, and that women and boys should not be employed for more than a fixed number of hours in a week or day, nor for more than five hours without an interval for meals, and should have the use of adequate sitting accommodation. These provisions, however, were not to apply to the categories of shops excluded from the operation of previous Acts unless extended to them under regulations made by the Governor in Council. Soon after the passage of the Act a strong feeling arose among the shopkeepers of Melbourne and its suburbs that, as assistants had to receive a weekly half-holiday, shops should be closed upon one afternoon in the week; but opinions differed as to whether the day should be Saturday or Wednesday. The shopkeepers in the city were disposed to favour the former, those in the suburbs were divided in their views.

The Act should be regarded as a humane attempt to minimise the sufferings of the outworkers and to improve the conditions of labour of the toiling masses of the population. The appointment of the special Boards is regarded with sympathy even by those who doubt the possibility of enforcing a minimum wage in the case of persons whose competition is intensified by the fear of starvation. Two general considerations suggest themselves: that a vast discretionary power is vested in the Executive, {142} and that the inspectors will be confronted with a task of hopeless magnitude. On the first point it is to be noted that the Governor in Council, acting naturally upon the advice of the Chief Secretary, may not only exercise the powers already mentioned, but may extend the provisions of the Act or any of them to any shire or part of a shire, and make regulations upon a large number of subjects connected with the efficient administration of all the Factories, and Shop Acts. As regards the inspectors, who are eleven in number, it is to be feared that, though they may invite the co-operation of the police, they will be unable adequately to supervise factories, watch the labour of the single Chinaman, protect the home-worker from the tyranny of the contractor, and assure to assistants in shops the conditions to which they are legally entitled. They will undoubtedly be fettered by the unwillingness of the workers to supply information which may lead to the loss of their employment.

The correlative of protection, which principally benefits the manufacturer, is the direct encouragement of the enterprise of the producer. In this respect successive Governments have displayed an eagerness which has not always been confined within the limits of prudence. The borrowed capital sunk in the construction and equipment of the Victorian Railways is about L36,730,000, which returned in the year 1895-6 a net profit on working of L855,000, being a deficit of L584,000 upon L1,439,000, the {143} annual charge for interest upon the loans; but a large proportion of this deficiency was due to the failure of the wheat crop and the consequent decrease in the amount of goods carried along the lines. Recent returns show that several lines not only do not pay any interest on the capital expenditure, but do not earn even as much as is disbursed in working expenses. The report of the Railway Inquiry Board shows that the Assembly was actually disposed at one time to sanction the expenditure of a further sum of L41,000,000 upon the construction of new lines; but the _Age_ newspaper published a series of articles which showed clearly that national insolvency would follow the approval of expenditure on such a gigantic scale. The exposure attained its object, but involved the proprietor, Mr. David Syme, in actions for libel, brought by the Railway Commissioners, which extended, with intervals, over a period of four years. Finally, he was proved to have been entirely justified in his language, but was saddled with an enormous bill of costs as the reward of his patriotic efforts on behalf of the community. The danger that similar proposals might be carried in the future was lessened in 1890, when the Standing Committee was appointed as a check upon the extravagant tendencies and culpable pliability of individual members.

Again, in connection with water supply and irrigation, the expenditure has been on an extravagant scale. The Melbourne Waterworks are {144} justified by the requirements of the metropolis, but those of Geelong and of Bendigo and adjacent areas commenced in 1865, and constructed at a capital cost of L1,427,000, show an annual deficit of L35,000; and other national works which cost L830,000 are dependent for a return upon irrigation trusts, most of which are unable to meet their own liabilities. Apart from this direct expenditure, the State has advanced L2,438,000 to local bodies, urban and rural waterworks trusts and irrigation trusts. Adding together these different amounts, we find the total direct and indirect expenditure of the State to have been L4,695,000, and we learn from the report of a recent Royal Commission that the annual revenue is about L68,000, or less than 1-1/2 per cent. upon the capital. As the money bears an average interest of 4 per cent., the loss to the consolidated revenue is at the rate of L120,000 a year. The expenditure was based upon the principle that the national credit should be pledged in order that farmers and land and property owners might be assisted to provide works of water supply which would accelerate the permanent settlement of many parts of the Province. Loans had been granted to municipalities before 1881, but in that year the question was treated comprehensively by the Water Conservation Act, which authorised the constitution of trusts for the construction of works of water supply for domestic purposes and the use of stock. In 1883 the Act was amended so as to include trusts {145} formed for the promotion of works of irrigation. The Urban Trusts and local bodies generally have met their obligations satisfactorily, with the exception of some of the latter, which, instead of striking higher rates or increasing the charge for the water, appear to have hoped that the State would step in and relieve them of their liabilities. The Rural and Irrigation Trusts also have attempted to throw the duty of paying interest on the cost of the works upon the taxpayers of the whole province. In the latter case the Public Works Department cannot be absolved from blame. It is clear from the report of the Commission that money was advanced to Irrigation Trusts without an adequate preliminary investigation of the amount of water available or of the number of settlers who would make use of it. "The public mind was excited at the time, and the gospel of irrigation was preached from one end of the Colony to the other. The farmers had been suffering from a cycle of dry seasons, the price of produce was high, and the prospect of insuring their crops against the exigencies of climate by means of irrigation appears to have overruled all prudential considerations. Schemes were hastily conceived and as hastily carried out. The question as to whether the cost of the undertaking would be commensurate with the benefits to be derived therefrom, or whether the land could bear the burden that would be placed upon it, was apparently lightly considered, if considered at all." But, according to an official who {146} had been concerned in the matter, the Department, far from readily concurring in or urging on schemes, had done its utmost to restrain the popular enthusiasm. Continued pressure had been exercised by deputations, generally supported by the Member for the district, which tried to induce Ministers to set aside formalities in view of the great necessity for water and of the great benefit that would ensue. The lavishness of the Department, whatever may have been its cause, was equalled by that of the Trusts, which in most cases expended the loan money as expeditiously as possible without regard to the requirements of the district or the supervision of the undertakings; they did not realise that they would ever be called upon to provide for meeting the interest on the moneys advanced to them. There can be no doubt that the Government overrated the knowledge and ability of the Trusts, and their recognition of the responsibility involved in the control of large sums of public money. The Royal Commissioners recommended that, after Parliament had decided what concessions should be made, the enforcement of the monetary obligations should be transferred from the Department to the Audit Commissioners, who should be vested with powers enabling them to take action to recover arrears due to the State. They believed that, in the absence of such a change, the Department, being subject to political pressure, might make further concessions, and again allow matters to drift into an unsatisfactory condition.

{147}

The next instance of national expenditure in the promotion of enterprise comes under a different category: the State has, since 1878, devoted to the encouragement of the gold-mining industry the sum of L800,000, which was not intended to give a direct return upon the outlay so much as to maintain the pre-eminence of Victoria among the gold-producing Provinces of Australasia. Of this amount L455,000 was expended in boring, the remainder in subsidies to mining companies and prospecting parties. But, as in the case of railways and works of water supply, the Government were confronted by the extreme difficulty of providing safeguards against the misapplication of the funds. Direct control by the Minister of Mines was proved neither to yield good results nor to be satisfactory to the Minister, as he was subjected to continual pressure from Members of Parliament. Prospecting Boards were, accordingly, appointed in the seven mining districts into which the Province is divided, each Board consisting of five members, the surveyor of the district, a member of the Mine-owners' Association, a member of the Miners' Association, a member of the local mining board, and a representative of the municipalities. These men were authorised to allocate all votes, and, according to a statement of the present Minister, as they represented different interests in the mining and different localities, they took a parochial view of their duties and developed "a kind of unconscious log-rolling" {148} which caused the grants, in many cases, to be devoted to entirely unprofitable objects. The expenditure of the L800,000 is believed to have been of the greatest value to several mining companies, but has produced a direct return of only L11,526, an amount which would have been smaller had not the Minister threatened dividend-paying companies with the forfeiture of their leases unless they repaid their loans to the State.

The Government have also attempted to increase the export of such articles as butter, wine, cheese, and frozen meat, for which a large market is believed to be obtainable in Great Britain. Their policy has been to foster these industries by means of bonuses to producers, subsidies to owners of factories, and the free use of cold storage at refrigerating works, and to enforce a certain standard of quality as a necessary condition of their assistance. As the industry progresses the bonus is reduced and finally withdrawn, and charges are made for cold storage which are sufficient to reimburse the State for its outlay. Such a course has already been pursued in the most successful case, that of butter, in which the value of the amount annually exported has risen from L51,000 in 1889-90 to L876,000 in 1895-6. In this manner the State is not permanently engaged, but initiates its expenditure at the highest point and gradually releases itself from the obligation.

In 1893 the Government were confronted with {149} a large amount of misery among the working classes, much of it undeserved, which had resulted from the collapse of many land companies and banking and building associations. An artificial prosperity, caused by the inflation of metropolitan values, had created a demand for the services of a disproportionate number of artisans, who, upon the inevitable reaction, were thrown suddenly out of employment. Under these circumstances the Ministry were called upon to do something to relieve the distress, and passed a new Land Act which offered favourable terms, in the way of tenure and monetary advances, to those who were willing to settle upon the land. They were enabled to take it up either individually or in associations of not less than six persons who desired to live near each other. At the expiration of a year after the passage of the Act 4,080 applications had been received, of which 2,122 had been approved, 993 rejected, and 965 were under consideration; and, in order that the benefit might be immediate, the land had been made available as speedily as possible and applicants had not been compelled to wait until blocks had been surveyed. In view of the conditions under which the settlements were formed it is not surprising to learn from subsequent official reports that the favourable anticipations have, in numerous instances, not been realised, owing to the unsuitability of the soil, the inexperience or physical incapacity of the settlers, or the absence {150} of a local demand for labour or of a market for the surplus produce. Many of the associations have been disbanded as the members were unable to work together harmoniously; and those that are still in existence have, in almost every case, abandoned the co-operative principle and are working their blocks on individual lines. In 1896 the number of resident settlers was 2,127, who, with their wives and families, formed a total population of 8,802; they had received, during the three years, advances from the Government to the amount of L57,000.