The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-08-22

opportunity to protest but their losses
were not taken into account as reasons
against the boycott and strike. On the
contrary they were looked upon as favor
able features since they rendered sue
cess more probable. But a sympathetic
strike is bad in morals and must be quite
as bad in policy, when the probable in
jury to innocent parties will exceed the
probable benefit TO the parties It aims to
assist
Referring to state and federal rights
and the protest Of Governor Altgeld, he
said:
Gov. AItgeld was Wrong.
"There are national duties 10 be per-
formed in Illinois, national officers,
agents and courts to whom in part the
performance was intrusted and disOr-
derly parties were interfering and rem
dering performance difficult, often times
impossible. But the position Of the gov
ernOr was that the maintenance of peace
and the repression of disorder was a state
duty and the president was guilty Of
usurpation when he thus, without re-
quest, moved troops into the state for the
purpose.
I'VE cannot admit that the position
taken is even plausible. 1t has no war
rant whatever IN the federal constitution,
which is, on the contrary, distinctly
against il. The president is to take care
that the federal laws be faithfully exc
cuted, and his doing 50 is not made to
depend upon the will or consent of any
one state. The duty is specially, and IN
the plainest terms, imposed upon him,
aud IN the performance of it he is subor-
dina'e to no state authority.
Yet il the views Of the governor
were accepted as sound. the mails
might be stopped at Chicago, in
terstate commerce broken up and
the process of United States courts
refused service unless the COVER
nor when disorder was dominant 1T
to suppress it, or call upon the president
to do 50. If the protest was yielded to.
1t was a concession that the governor
and not the president WAS to take care
that the laws Of the United States were
faithfully executed il his state and if he
failed to do so, mob might at pleasure
defy them.
..The action taken by the two houses
Of congress in approving in emphatic
terms what had been done by the presi-
dent was equivalent TO an eXpresSiOna Of
their opinion that the protest Of the gov
ernor was not only unwarranted, but
revolutionary. The sentiment Of the
country as expressed in its public jOurn-
ais and otherwise, was TO the same ef-
feet and the question OF constitutional
law may be considered practically set
tied
What Gould Arbitration Have DOne2
In speaking Of arbitration he asked:
"Supposs national law for compulsory
Arbitration had existed and the strikers
bitratisln board. what must have been
the rc-uits Obviously after the board
had lOo1 ed into the Case it wofld have
been compelled 10 say that under the
law. they could give no remedy for It
had no application whatever.
The strike WAS by railroad employees
and they and their employers we're only
the parties 10 it. But the cause Of com
plant which led to the strike was a con
troversy between other parties alto
49,
in hostile attitude to each
other. but were not parties to this strike.
and could not be brought in to take part
in the arbitration demanded The board
summoned to consider this would be
wholly without jurisd ctiOn to determine.
or even TO look into the merits Of the con-
troversy, which was the excuse for the
one now brought TO its attention.
If, therefore. the board could take any
action whatever il would be merely to
report that the strike was not based upon
any complaint made against the railroad
companies. that there was contrO-
versy- between the parties to it to be in
vestigated and passed upon, and conse-
quenuy the board had no Jurisdiction and
must dismiss the chse.
ssThe personal liberty of both the en-
ployer and the labOrer is necessarily to
be res spected and every man must be left
to determine for himself whether he
will observe and perform such moral, or
SenLlmGnIdl ODIRdtlO0ss OF recognize
such claims as the state has never deemed
it wise to convert into legal duties or
legal rights. The legal difficulties in the
way of complete remedy will remain
and Will be serious at almost every
point, but the very knowledge of their
existence will emphasize the need Of
precautions to prevent resort to violent
measures when arbitration is Inadequate
TO give additional force to the public
opinion which will look with emphatic
disfavOr upon refusal of ar bitratiOn when
that seems a suitable and sufficient rem
edy for alleged wrongs
Sympathetic strikes Can't BE Arbftrated.
sOur statesmen leaders Will never over
look the fact that there is one class of
strike that can never be settlhd by arbi-
tration That is the sympathetic strike,
and the reason Is plain; the parties to
the strike are not the parties to the con-
troversy that needs to be settled. and if
the sympathizers are held justified the
original quarrel still remains undeter-
mined.
"a finding made By a given number of
arbitratOrs as to the merits OF the orig
inal controversy in such cases wOnld be
idle Illumination of opinion, having be-
hind il no force of law and going no far
ther to nix moral obligation upon any
party concerned than would a like ex-
preston by any other equal number of
equally intelligent members of the com
munity."
the secretary, John Hinckley of Bal
timore, Md, reported the embership
as lib and the election OF sixty new
members Every state but Nevada and
three out of the five territories are repre-
sented. The treasurer, Francis Rawle,
of Philadelphia, Pa. reported the
finances in a hourishing condition and