The Press., 1891-01-29

mutual agreement, the honor of the parties being the only surety. The best and per- haps the only signally successful example of legal arbitration and conciliation is to be found in the C0nseits des Pyud' honanaes, which have existed in France and Belgium for about three-quarters of a cen- tury. These are tribunals established by law, at the great centres of industry, for the purpose of settling labor differences. The submission of disputed questions may be either voluntary or compulsory, and upon the petition of one of the contending parties. These tribunals possess judicial power, but this power IS not resorted to until all attempts to reach an agreement have failed then the party declining con- ciliation is compelled to accept arbitration, and the award can be effectuated the s,me as the judgment of a court of law.
 1 All of the classes connected with the in- dustries over which the coaseils extend, employers, managers, foremen and work men, take part in the election of the mem- bers of the conseits. A public officer pre- pares the voting lists, aud state officer of conspicuous station acts as returning officer. The members of the conseiLs hold office for three years, and are composed of equal numbers of employees and workingmen, each class electing it's own representatives, the president and vice president being des- ignated by the government.
 The authority of the conseiis extends to
 every possible question that can arise in
 the workshop, not only between the work man and his employer, but between the
 workman and his overseer or foreman. It
 will be remembered that the authority of
 the conseits can be put into operation up. | On tha anplication of aithnr no rtv to diff
 ference, but upon such an application the
 conseiL cannot act with reference 10 one
 questionable rate of future wages if,
 however. the parties mutually agree to
 submit the latter question the coraseiL may
 then act and render decision which shall
 be binding the same as that of any court
 of law.
 These conseiLs have been of inestimable
 benefit to French industry, and their con-
 stitution and methods seem we'll adapted at
 least to the conditions of industrial life in
 that country. A great strike or lockout is
 an almost unheard of occurrence among
 French workingmen, while the industries
 of England and our own country are in
 continual danger of interruption by these barbarous and wasteful contests.
 Outside of France and Belgium legal ar-
 bitratlon and conciliation have been little
 
 during the reign of Queen Eliz ,beth pro-
 vided for the regulation of wages in certain
 trades and the compulsory settlement, by
 the magistrates of disputes between mas-
 ters and apprentices. During later reigns
 these statutes were modified and at length
 the power of arbitration was taken away
 from the magistrates and lodged with ar-
 bitrators, recognized as such by law. Fi- nally the Act 5, George W, was passed. } This was patterned after the French law } establishing the conseiLs. It provided for the com pulsory submission to arbitration of disputed questions in certain trades and upon certain subjects. Shortly after the passage of the act, voluntary boards of arbitration and conciliation were largely introduced into the industries of England. These boards became so numerous and successful that in 1867 an attempt was
 made to give them a legal basis by the passage of the law commonly called Lord St Leonard's Act.
 ) In both of these acts special care was ta- ken to provide against the fixing of future rates of wages, one of the most prolific 3 sources of dispute. This was regarded as t serious defect, and accordingly an aci t was passed in 1872 which provided for sub g mission to arbitration of future disputes : by anticipation, without waiting until { r dispute has actuaify arisen. en----------- !, These English laws, however, have j. been of little practical value. They have s followed, not preceded, the voluntary prac g tice of arbitration and conciliation, anG '' they have only aimed to give the forms 3 and sanctions of law to practice that wa. f successfully in force without such forms
 and sanctions.
 !, Turning to our own country, we fnd that in several states of the union laws have Z been euacted providing for the formation d of boards of arbitration and conciliation o : a quasi-legal character. The Pennsylvanis e law, which may be taken as @ type, pro ,f vides that the judges of the state courts k may issue licenses within their respective = districts, for the establishment of tribunals e which shall have the settlement of labol d differences in certain trades. The boards ), of arbitration under this law are made uE l. of members chosen by the parties to tht e difference, an equal number representing > each side, and the umpire being mutually O chosen. The law judges under the Penn d powers. When the umpire makes al
 award the judge, under whose authority n the tribunal was instituted, may approve e the finding, and if he endorses his ap e proval thereon, and the same is entered ol 't the records of the court, the award IS ther d capable of having judgment given upon it y and final and other processes may enter il le its favor.
 ss The Pennsylvania law is very closet. n modelled after the French conseils. Eith e CT can take cognizance of any question 1t submitted to it, and in neither can ques d tions relating to future rates of wages b le considered without the consent of the par ], ties; in the conseil, however, when tn of parties have once agreed to submit tn y question of future rates of wages, the de d cision is binding on both, and judgmen st may be entered and enforced the same a D. any other judgment. This is not true o 'n the Pennsylvania method of arbitration 'n and at just this point the weakness of tn 'd methods which have been in vogue in ou a country is manifest. Boards have bee h. formed under laws passed by several states y but they have had brief existence. Wit w hardly an exception the questions sub If mitted to them have been the settlemen a. of future rates of a0ages. in a brief tim 1T decision has been given that has not me S, the views of some of the parties concerned O. and as there has been no power to compe y it's acceptance, and as the sense of homo lt of the parties has not seemed fine enouQ