The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-08-23


was state duty, and tho President vas
guilty Of uBurpslion when he thus,
without request, moved troops into tile
state for the purpose.
We cannot admit that tho position
taken Il oven plausible II has no war.
rant whatever In the federal eonstitu.
ton, which on tho contrary 10 distinctly
against II. The President 10 10 take
care that tho federal laws are faithfully
executed, and bis doing 30 IL no: made
to depend upon tho will or consent Of
any ono state. Duty 10 specially and In
tho plainest terms imposed upon him,
and In tho performance Of II no is sob.
ordinate 70 no state authority.
Yet Il the visWs Of the governor VerO
accepted ~ sound, tho malls might be
stopped Of Chicago, interstate com.
morce broken up and the process Of
United States courts refused service On
less tho governor, when disorder was
dominant, cav Gt 10 suppress Il or call
upon the President 10 do 50. II tho
protest Was yielded TO Il was u conces-
lion that the governor and not the
President was 70 take caro- that the laws
Of tho United States were faithfully OK.
seuted IN his state, aud il ho failed 70
do 90, q mob might at pleasure defy
them. The action taken by tho two
houses Of Congress In approving In en-
phatic terms what had been done by
the President was equivalent 70 an OK.
preston OF their opinion that tho pro-
test OF the governor was not only un.
warranted, but revolutionary. The
sentiment Of tho country as expressed
10 It's public journals and otherwise was
10 the same effect, and the question OF
constitutional law may DO considered
practically settled.
COMPULSORY Arbitration.
Speaking Of arbitration, no asked:
Suppose national law providing for
compulsory arbitration had existed,
and the strikers had demanded the in
tervention OF tho arbitration board,
what mnst have bOen the result2
Obviously. after tho board had looked
into tho case IL would have been COM
PEELED to say that under the law 1t
could give no remedy, for II had no APP
plication whatever.
The strike was by railroad omployos,
and they and their employers were tho
only parties 10 II But the cause Of
complaint which led 10 tho strike was a
controversy between other parties alto
gether; parties who stood indeed In
hostile attitude to each other, but wero
not parties to this strike, and could not
be brought in to take part in tho arbl-
tration demanded. The board sum-
moned To consider this would be wholly.
without jurisdiction TO determine or
even to look into the merits Of tho
controversy which, was the excuse Tor
the ono now brought 10 It's attention.
II, therefore, the board could tako any
action whatever 1t would DO morel y TO
report that the strike was not based
upon any complaint mudo against the
railroad companies; that there was no
controversy between the parties TO 1t to
be Investigated and passed upon. and
consequently the Board had no juris.
dictIoii and must dismiss tho case.
TIE LESSON OF IT.
The personal liberty of both tho GIN.
ployer aud the laborer is necessarily to
be respected, and every man must DO
left 10 determine for himself whether no
will observe and perform such moral or
sentimental obligations or recognize
such claims as the state has noveg
deemed Il wIso to convert into legal
duties or legal rights. Tho loyal diff
culties In tho why OF complete remedy
will remain and will DO serious at
almost every point. but tho worry
knowledge Of their existence will en-.
phasizo tho need OF precautions
10 prevent resort TO Violent
measures whom arbitration 10 mad
euuate, and to give additional force to
tho public opinion, which will look with
emphatic distayor upon any refusal OF
arbitration when that seems a
suitable and sufficient remedy
for alleged wrongs Our statesmen
leaders will never overlook tho fact that
there ls ono class OF strike that eau
never BIO settled by arbitration. That
Ia tho sympathetic strike, and tho ron.
aou Ia plain; tho partiea to tho strike
are not tho parties 10 the controversy
that needs to be settled, and II tho sym.
pathizers are held justified tho original
Quarrel still remains undetermined. A
finding made by givon number OF ar.
bitrators as to tho merits OF the original
controversy In such case would DO an
idle Illumination OF opinion, having be-
hind 1t no force Of law, and going no
further 10 fix any moral obliga'
ton upon tho party concerned than
would like expression by any other
equal number Of equally intelligent
membors OF tho community.
THE STATE o. U. A. NJ.