The record-union., 1894-08-23

Wholly Without JurISdiclIOH "
Determine the Merits of a Sympa-
thetic Strike.
Special to the REcoRD-UNroS.
SARATOGA (N. ", Aug. 22.-The
American Bar Association, Of which
Judge 7. NJ. Cooley of Ann Arbor.
Mich, is President, began its seventeenth
annual meeting mere to-day. The Presi-
dent being absent by reason of illness.
his address was read by acting President
Judge Samuel +. Hunt of Cincinnati. 1t
was very lengthy, and communicates the
most noteworthy changes in statutory
law on points of general interest which
have been made in several States and by
Congress during the preceding year.
OF the Coxey armies Judge Cooley
said: 1.-THE thought actuating the move
ment was that the country OF their birth
or which they had selected TO live in
owed them the duty to see that the
means OF support were provided them,
and that the Government must perform
this duty. No attention seems to have
been taken by them of the apportion
ment OF powers between the States and
the General Government and the States
were passed unnoIiced, though, TO one
familiar with our institutions, IL was
plain enough that the duty insisted upon,
ii it existed at all, must rest upon the
States, and the armies marched directly
upon the national capital to demand the
action of the General Government. This
caused unrest everywhere, and as they
represented notions which are antago-
nistic to the existing social and political
state, they were everywhere public
DANGER
Alluding to the recent railroad troubles,
ne said: "a sympathetic strike is bad IN
morals, and must be quite as bad in
policy, when the probable injury TO in
nocent 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
says: ''There were national duties to be
performed in Illinois, national officers,
agents and courts 10 whom in part the
performance was intrusted and disor-
derly parties were interfering and
rendering this performance difficult and
at times impossible. But the position Of
the Governor that the maintenance of
peace and the repression Of disorder was
State affair, and that the President was
guilty of usurpation when he thus, with
out request, moved troops into the State,
we cannot admit is even plausible. 1t
has no warrant whatever in the Federal
Constitution, which on the contrary is
distinctly against it. The President is to
take care that the Federal laws are faith
fully executed, and his doing so is not
made to depend upon the viii or the con-
sent of anyone. The duty is specially
and in the palmer terms imposed upon
him, and in the performance of it he is
subordinate to no State authority.
"Yet if the views of the Governor were
accepted as sound, the mails might be
stopped at Chicago, interstate commerce
broken up, and the process of United
States Courts refused service unless the
Governor, with disorder dominant, saw
ht to suppress it or call upon the Presi-
pent to do SO. If the protest was yielded
to, it was a concession that the Governor
and not the President was to take care
that the laws of the United States were
faithfully executed in his State, and if he
failed to do so a mob might at pleasure
deiy them. The action taken by the two
Houses of Congress in approving, in en-
phatic terms, what has been done by the
President. was equivalent to an express
sion of their opinion that the protest of
the Governor was not only unwarranted,
but revolutionary. The sentiment OF the
country. as expressed in its public jour-.
nails and otherwise, was to the same effect,
and the question of constitutional law
may be considered practically settled"
Speaking of arbitration. he asked,
''Suppose national law providing for
compulsory arbitration had existed, and
the strikers had demanded the lnterven-
ton of the Arbitration Board, what must
have been the result? Obviously after
the board had looked into the case it
would have been compelled to say that
under the law they could give no remedy
for it The strike was by railroad en-
ployes, and they and their employers
were the only parties to it. But the cause
of complaint which led to the strike was a
controversy between other parties alto
pether; parties who stood, indeed, in
hostile attitude toward each other but
were parties to this strike and could not
be brought into that part in the arbitra-
tion demanded. The board summoned to
consider this would be wholly without
jurisdiction to determine and even look
into the merits OF the controversy. which
was the excuse for the one now brought
TO its attention.
ssOur statesme leaders will never over
look the TACT that there is one class of
strikes that can never be settled by arbi-
tration. That is sympathetic strikes and
the reason is plain-the parties to the
strike are not the parties TO the contro-
yersy that needs To be settled, and if
synpathizers are held justified the origi-
nal quarrel still remains undetermined.
A finding made by given number Of
arbitrators as to the merits of the original
controversy in such cases would be an
idle elimination of opinion, having be-
hind il no force of law, and going no fur
ther TO fix a 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, J ohm Hinckley of Balti-
more, reported the membership as ,1I3,
and the election of sixty new members.
Every State but Nevada and three out OF
the five Territories are represented.
The Treasurer, Francis Rawle of Phila-
delphia, reported the finances in a
fiourishing condition by the comfortable
balances in the bank.
This afternoon the Chairman's address
was made by Henry Waue Rogers. Presi-
dent OF the Northwestern University at
Evanston, III.
Papers were read by Judge johnson
Dillon of New York on True Profess
sional Idea,' and by J Ohm Lawson. of the
University OF Missouri at st. Louis, on
1.-THE Standards Of Legal Education in
the West"
STRIKE INVESTIGATION.
The Inquiry Concluded From the Side
of the Employees.
CHICAGO, Aug. 22.-Several witnesses