Deutsche Geschichte: Neueste Zeit

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1892063557

Document type:: Multivolume work

Author:: Lamprecht, Karl http://d-nb.info/gnd/118569015

Title:: Deutsche Geschichte

Place of publication:: Berlin

Publisher:: Gaertner

Year of publication:: 1891-

Collection:: Economics Books

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Volume

Identifikator:: 1892071576

URN:: urn:nbn:de:zbw-retromon-237660

Document type:: Volume

Author:: Lamprecht, Karl http://d-nb.info/gnd/118569015

Title:: Neueste Zeit

Volume count:: Abt. 3

Place of publication:: Freiburg im Breisgau

Publisher:: Heyfelder

Year of publication:: 1906

Scope:: VIII, 302 S.

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: I. Entstehung und erste Entwicklungsperiode des modernen Bürgertums

Collection:: Economics Books

350 THE FEDERATIONS AND THE UNION [paArT IV arbitrator must obey the law he would be unable adequately to settle disputes, and that the award of the Arbitration Court being a federal law was paramount over the state law. The former proposition was so extraordinary a one that it could only be accepted if express language compelled it to be accepted, and the second argument was based upon an obvious fallacy. The function of a tribunal of whatever kind was to declare and administer the law, not to make it. It was impossible to accept the argument that, though the Commonwealth Parliament had admittedly no power to interfere directly with the domestic industries or police power of a state, it might by appointing a judge and declaring him an arbitrator empower him to interfere. It had been argued that though the industrials in the respective states were bound by the state law, yet if a group of such industrials being dissatisfied with that law associated themselves with a group of industrials who were dissatisfied with the law of another state, the whole matter was potentially lifted out of the plane of state law, but he held that the notion that any group of persons could by their mere volition free themselves from the obligations of the law with which they were dissatisfied, without the aid of a competent legislator, was inconsistent with the elemental conception of the law. The Chief Justice held, however, that the actual award proposed could be maintained on the ground that the parties to the case could legally have agreed to do what the award proposed to lay down. The minimum was higher than that laid down by the Wages Boards, and therefore if the higher minimum were paid, the state law would not be broken, and he so construed the award as to render it consistent with the rules as to the payment of old, slow, and infirm workers con- tained in the Victorian law. He felt some difficulty as to the form of indenture of apprenticeship which it was proposed to acquire, as the law of South Australia laid down another form, but he considered that that objection was not fatal. The Chief Justice noted also the Act No. 2241 of Victoria passed after the special case had been brought before the

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