The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-08-23
Several Noteworthy Changes in
Statutory Law.
ABLE PAPER BY JUDGE COOLEY
1t Dealt With Some of the Most
Important Questions of
the Day.

sent ON account of illness. his address
was read by the acting president, Judge
Samuel F. 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
The thought aetuating the movement
was that the country of their birth or
which they had selected to live in owed
them the duty 10 see that the means of
! support we're provided them, and that the
| Government must perform this duty. No
attention seems TO have been taken by
them of the app0rti0nment of powers be-
| tween the States and the General Govern
menL The States were passed unuoticed,
though to one familiar with our institu-
| tiOns it was plain enough that the duty
insisted upon, if it existed at all, must rest
upon the States, and the armies marched
directly upon the national capital to de-
mand the action of the General Govern
ment
"This caused unrest everywhere, and, as
they represented notions which are antag-
onistic to the existing social and political
state, they were everywhere public dan
| ger"
Abiding to the recent railroad troubles
he said: "a sympathetic strike is bad in
morals and must be quite as bad in policy,
when the probable injury to,innOcent par
ties will exceed the probable benefit to
the parties it aims to assist"
Referring to State and Federal rights
and the protest OF Governor Alleged he
says: There were national duties to be
performed in Illinois. National orders,
agents and courts to whom in part their
performance was entrusted were inter-
fered with by disorderly parties and pre-
vented from rendering a difficult aud
otttimeS impossible performance. But
the position OF the Governor was that the
maintenance of peace and the repression
OF disorder was state affair, and that the
President was guilty Of usurpation when
he thus without REQUEST moved troops into
that State for that purpose. We cannot
admit that the position taken is even
plausible. 1t has no warrant whatever in
the Federal constitution, which on the
contrary is distinctly against it. The
President is 10 take care that the Federal
laws are faithfully executed. and his doing
so is not made 10 depend upon
the will or the consent of any one
The duty is specially and in the plainest
terms imposed upon him and in the per-
fOrmance of 1t he is subordinate to no
State authority. Yet il 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 fit, to suppress it or call upon the
President TO do so. Ii 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 this
State, and il he failed 10 do so a 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 President was equivalent
20 an expression of their opinion that the
| protest of the Governor was not only un-
| warranted but revolutionary. The 'senti-
ment of the country as expressed in the
| public journals and otherwise was to the
same effect, and the question of c0nstiiu-
tl0nal law may be considered practically
settled"
Speaking of arbitration he asked "Sup-
pose national law providing for compul-
| sorry arbitration had existed and the strik-
| ers had demanded the Intervention of the
arbitration board, what must have been
the result? Obviously after the board
had looked into the case it would have
been coE PEELED to say that under The law
! they could give no remedy. for it had no
| application. The strike was by railroad
employees, and they and their employers
were the only parties. But the cause of
complaint which led to the strike was
controversy between other parties alto
gether; parties who stood, indeed, in hos
tile attitude to each other. but were parties
to this strike and could not be brought into
that part in the arbitration demanded.
! The board summoned to consider this
would be wholly without jurisdiction to
| determine and even look into the merits oil
the con troversy. which was the excuse for
the one now brought 10 its attention.
| Our statesmen leaders will never over
look the fact 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-
versy that needs to be settled, and if
sympathizers are held justified the original
quarrel still remains undetermined. A
finding made by given number of arbi-
traitors as to the merits OF the original
controversy in such cases would be an
Idle elimination of opinion. having behind
1t no force of law and gong no further to
fix moral obligation upon any party cou-
cerned than would a like expression by
any other equal number of equally intelli-
gen. members OF the community"
The secretary. John Hinckley of Balti-
more, reported the membership as lib
and the election of six new members.
Every State but Nevada and three out of
five Territories are represented. The
treasurer, Francis Rawle of Philadelphia.
reported the finances in Furnishing con-
dition by the comfortable balances in the
| bank.
This afternoon the chairman's address
was made by Henry Wade Rogers, presi-
dent of the Northwestern University Al
Evanston, Ill. Papers were read bv
Judge johnson of New York on
The True Professional Idea," and bv
| John ID. Lawson of the University Of
| Missouri Ct T,nuis on ss'Iba