The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-08-23

needless TO discuss this protest: the action
taken by the two houses OF Congress in ap-
proving in emphatic terms what had been
done by the President was equivalent TO
an expression of their opinion that the
protest OF the Governor was not only un-
warranted but was revolutionary. The SEN
public journals and otherwise. was 20 the
same effect. and the question OF constitu-
tlonal law may be considered practically
Arbitration. as the word has come 10 us.
is understood 10 mean the voluntary sub
of the matters on which they differ 10 the
ueclslon or one or more impartial persons
whose award thereon shall be final The
most notable characteristic is that the ini-
uatlon or the proceeding is voluntary; SUCH,
at least, has been the understanding hither-
compulsory power over the Controversies
Oh individuals are the courts. and even
legal right and legal obligation: they can
not ENFORCE mere moral duties unless the
law has made such duties legal also. But
me vast majority OF labor controversies
involve. as between the parties TO them,
no question whatever of legal right. They
invoIve disputes over wages or hours or
labor where no binding contract exists
that fixes them; disputes as 10 continuance
or the relation. when one party or the other
desires to terminate il and his moral right
TO do so is disputed. but not his legal right:
men and the like. If arbitration could en-
brace only the labor controversies in re-
spect to legal rights it would be of very
vi a OlLAee
submission may in other cases establish a
legal right which the courts can enforce.
respect must be very narrow. No employer
can be compelled to continue his business
when for alleged want of capital or Of prof
its or for any other reason he refuses 10 do
so. and laborers. cannot be led by the sher-
IN to their daily task when they refuse
to obey the arbitrator's award that l. is
their duty TO continue at their work. The
award may in a sense be binding on the
one or the other. but when IL is the party
obtaining IL must in such cases content
himself with an action for damages.
PERSONAL LIBERTY.
I'm what 1 have here said 1 have en-
deavored to point out in few words some
of the obstacles in the way of making
compulsory arbitration the effectual rene
dy in labor controversies. which many
seem to think it must in time become. The
personal liberty of both the employer and
the laborer is necessarily to be respected
and every man must be left to determine
for himself whether he will observe and
perform such moral or sentimental obliga-
tons or recognize such claims as the state
has never deemed 1t wise to convert into
legal duties or legal rights. Upon these
am htharsu suDlecns a true Ieader may
destructive conflicts will become inexcusa-
BILE and also uncommon. He can clearly
snow that boards Of arbitration with their
orders. and L may add also courts with
their iniunctions. If they heed the funda-
ell laws OF the ld0Q. CAN no WOl0
hold men to involuntary servitude for even
a single hour than can overseerS with their
who's. But he can also point out that by
contract when the service begins the peace
ful remedies provided by law can be great
ly extended; that a sudden termination or
damaging change of the relation by either
party can be provided against. and that
any other stipulation important for the
security of rights or TO guard
against the consequences of mis-
tbe Terms may ~ e6 6e mace rPPs part nsofn OF
ness of such stipulations may be made so
plain that they will, as time passes along.
be more and more resorted 10 and the
legislation in furtherance OF Deaceable set
Elements. though il must fall far short of
adequately providing for all disputes likely
TO arise between employers and their men,
public sentiment against existing methods
that We may reasonably expect such
methods will in a little time become far
less common than now, If they do not
altogether cease to be resorted to. Toe
legal difficulties in the way OF a complete
remedy viii remain and will be serious at
edge Of their existence will emphasize the
need of precautions TO prevent a resort
to violent measures when arbitration is
Inadequate, and TO give additional force
emphatic disfavor upon any refusal OF
arbitration when that seems a suitable
and sufficient remedy for alleged wrongs.
The employer cannot be compelled to con-
tipue his business when IL has become un-
profitable; that is plain. but IL the con-
tract of service is for a definite time he
terminates 1T before the time has expired.
whatever may be his excuse. If the laborer
leaves the service before the time Of hiring
is completed he too NAV be liable in dam
ages, and the employer must rely upon
this liability for redress and will be sup
posed TO take in account the possibility
as one of the incidents necessarily affect
ing the pecuniary results of his business"