The workingman's advocate. [volume] (Chicago [Ill.]) 1864-1877, 1876-03-11
ARBITRATION No. II.

and pointed out a few Of the surface diff
culties which, presented themselves in its
practical application 10 the settlement of
disputes between capital and labor, under
existing circumstances. ia the United
States. Our design in SO doing was to
awaken ii possible, an interest in its con
sideration among our trade and labor I'M
ions, rather than magnify these dithc Iltles,
OF prove them insurmuugtahl'-fi from
it. We are satisfied, and have been for
years, that our trades unions are too CIR
cumscribed in their views, in their field
of operations that a broader, mort Cath.
Ole and comprehensive line of action,
must control their operations before their
sphere If usefulness will be enlarged. their
rights recognized, their demands acceded
to or their influence extended and each
and every question having direct or indi-
rect bearing on the relationship existing
between employer or empioye, calculated
to allay or remove the irritation existing.
should command their respectful and earn
est attention. In the discussion of this
as in all questions affecting their interests,
We know they will be placed at disadvan-
tage the moment they attempt to measure
swords with their opponents, unless they
prepare themselves for the conflict 10
be forewarned is to be forearmed. We
have seen many scores Of times the most
defiant, non-thinking, outspoken radical
placed at bay by the acceptance Of his
challenge by his cool, calculating educated,
bloodless andapparently logical antagonist.
There is no royal road to learning The
workingmen Of America must THINK- and
| think for themselves mist be able to give
a reason for the hope that is in them, #
| they expect t. make their rights recog-
nized or respected. - much by way Of
preface.
Accepting then, toa certain extent, the
propositions laid down IN eur last 10 be
true-in the malu-it does not follow that
| Arbitration Il ar must eventually prove a
| failure, or that earnest or intelligent in
yes;igation cannot .tisfac;orily solve the
problem; and We know 81 no class more,
aye, 50 deeply interested in its solution as
the working people themselves.
The question then arises " By what
| agency Or means can the system Of ArbI-
tration be successfully adopted Ri In
answer thereto we will refer to few Of
the propositions put forth BY a number w
its advocates as likely 70 accomplish the
end in view, leaving our readers to draw
their own conclusions as to the merits or
weakness ~ the arguments presented for
OF against their adoption
Isl. That an trade disputes should Be
iscids{ BY TIE judiciary.
This proposition we deem inadnissible,
50 long As our Judiciary Is an elective ju-
dietary -suchas as present exists depend
ent On the caprice Of this or that party
for support or re-elect.on, as no such ele-
ment can ever command the confidence OF
the producing classes in such an emergen-
cy. The prostitution Of a Barnard and
Cardoza-judges Of the supreme bench
the plant tools Of Fisk and Gould, the
legitimate offspring Of our social and tinan-
clal system, who became as clay in the
hands Of the potter, whenever the behests
Of their bribers had to be obeytd, affords
too recent a warning 10 tolerate for mo
ment the suggestion that our Judges can
or ought to b. the tribunal If final resort
Again, the laws are too frequently framed
with an eye single 70 the interests OF capt.
tai and will continue Il be 80 long as labor
uurepresented, and as the functions Of
a Judge are to administer the law, no
matter how iniquitOus, the supposition is
that whenever or wherever an association
Of workngmen had even technically viola
ted its provisions, the referee, if taken from
the bench, would be more apt to act the
martinez than the dtstJttereSted arbitrator
and as such appointees could only officiate
by State authority, tribunal 50 constitu-
ted would have no legal jurisdiction, or
power to enforce its decisions outside Of
the State in which such decision vas rem
dered. As the interests, influence aud de-
mands Of our labor organizations frequent
ly affect craft throughout the length and
breadth Of the country settlement in
particular location, under such circum-
stances would only be accepted as a partial
settlement at best In order to make it
universal in its application similar boards
Of arbitration would have to be created in
all the respective States, while it is by no
means probable that the decision awarded
in each case would be the same.
We have made no reference to the ap
polntment Of Federal judges, exercising
national authority. because there is not
the remotest probability Of such action be-
ing taken, their jurisdiction and authority,
defined by the constitution, precluding
the acceptance Of such position But even
we're these difficulties removed their ap-
pointment, with plenary power, would
smack too much Of the arbitrary to
satisfy men who prefer confidence to Co
ercion, mutual, voluntary concession advo-
Gated IN the spirit Of justice and conciIia-
ton, 70 an ultimatum rendered through
a Judiciary that would brook no appeal.
OF course We accept it as foregone con
clusion that power to enforce their decision
would necessarily accompany their dictum.
In fact this is one of the strongest argu-
ments employed by those who invoke their
aid.
The truth of the matter il If sncb line