The Washington critic., 1886-05-27
JUDGE COOLEY ON ARBITRATION.

COOLEY ON ARBITRATION.
The opening article of the June
number of The Forum Is upon "Arbi.
tration in Labor Disputes, by Thomas
NJ. Cooley of Michigan, whose char.
actcr as q citizen, profound learning in
the law and eminent record on the
bench entillc whatever he may say
upon this or any other public question
TO the serious consideration of the
country. Judge Cooley S opinions,
like his judicial decisions, are singu.
larly clear, incisiye and impartial, and,
as bearing upon one of the most i'm.
portant issues that has yet arisen in our
history, will be certain to command the
approval not merely Of statesmen, leg
islators and political economists, but of
the intelligent rank and file of the
classes whose interests are Immediately
involved
All remedies for existing troubles
that are what he calls "hostile" in their
nature, sometimes "avowedly destruc.
tive" and leading to violence or "the
partial overthrow of the civil al.
thority," he of course, condemns un-
quali6edly. "The best remedies" he
says, "here as everywhere else, are
preventive in their nature, having for
their purpose to prevent q mere differ
ence becoming an unfriendly contro-
versy." 1t is essential, therefore, that
there should be mutual recognition
of interest between employer and en-
ploye to start with. Each should have
due regard for the welfare and pros
perity of the other. In the writer 5
estimation:
The evils which now convulse the coun
try are due more to failure to observe this
primary duty than to all other causes com
bined, and they are now so aggravated that
even general observance of the duty from
this time forward would not readily cure
them or remove the hostile feelings which
have resulted. Who has been most at fault
for this Is immaterial; more often 1t has
been the fault Of thoughtlessness than Of
intent.
1t is in arbitration only that Judge
Cooley perceivcs n way out of this un-
wholesome condition of affairs, to the
cultivation of more just and amicable
relations and to the satisfactory settle
ment of difficulties outside OF the
courts and without resort to violence.
AS to methods, he suggests that statu.
tory tribunals, either with or without
compulsory powers, are less likely to
effect the objects in view than tribunals
established by the parties themselves
to the controversy, especially where
the business concerned is permanent
and steady, as in the case of rail
ways, mines and manufacturing estab
lishments. The board of arbitration
should be also permanent, composed
of an equal number of employers and
men, and with power to call in an um
pire for final decision when necessary
"The award of the board or Of the um
pire," says Judge Cooley, would no
be binding in law, but the parties
would be pledged in honor to accept 1t
and the experience in England is tina
the pledge seldom fails in redemption.
Voluntary boards of arbitration foI
single or isolated controversies are alsC
recommended, where the element o
permanency is not required. AS Il
Government boards Of arbitration
Judge Cooley believes they might b.
of some value in settling disputes an,
prove useful in calming the passions o
men and creating better tone of senti
ment, but the paternal system is to b.
avoided If possible. Arbitration by
the parties in contention is to be pre-
ferred as remedy. AS the writer says
Its use is reformatory measure, and
therefore, unless the tendency Of society |
backward, its adoption is certain. Genera
adoption cannot be immediate all true re
forms are likely to work their way slowly
but society and the State are not transient
they are for all time, and whatever tends t,
make them peaceably accomplish their pur
poses in like degree tends to give ther
benefcent strength and to insure thei
pcrpetuity.
In this view of the case, there woult
seem to be little need of direct Con
gressional legislation on the subject
What Congress ought to do is to pas
such legislation as will tend to lighte
the burdens of the people, open com
mercial markets and make the genera
situation sasier. Were our legislator
to do their full duty in this regard
there would be fewer controversies t
adjust between Capital and Labor,
greater disposition to adjust them fairl
= and a gradual assent to the principle c
voluntary arbitration as to the propC
method of adjustment.
A CoRNFIELD SCHOONER.