The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-11-09

sonably be expected to be attended
with such substantial advantages that
the court can hardly hesitate as to the
course which sound business policy die
ltateS.
mot the least of such advantages is
the avoidance of the necessity of that
invidious illegal position that a man
shall go without work unless he will
give up a legal right-a right he may
properly deem essential to his safety
and welfare.
AS to Arbitration
| NO better mode for the settlement of
contests between capital and labor has
yet been devised or tried than arbitra-
tlon, and arbitration as a mode of set
ting difficulties between capital and
labor must necessarily be applied in
the course of the receivership, and ar
bltra'tion in its best and most effective
form. The court, by appointing receiv-
ers, constitutes itself not only an en-
p!oyer of labor, but the arbitrator of
all disputes between it and the receiv-
ers who may justly be regarded as
representatives Of capital. 1t occupies
the dual capacity of employer and ar
bltrator naturally and inevita BLY,
1T is an arbitrator whose wisdom and
lmpartiality are, certainly should be- and
must be assumed to be, beyond suspision
1t is an arbitrator with whom both parties
have reason to be satisfied, both from its
character and its ability to make its
award effective, and might well be ex-
permit or require, a conspicuous object
lesson illustrative of the value of the
arbitration principle
In short the question being whether
business policy requires the court to aD-
prove the rule that a member of fhe
Brotherhood of Railway Trainman is
receivers of the Reading railroad. and
officer of the court, the concluding con
slderations may be summed up as follows:
rlrst.Tbe rule is of doubtful value as
a preventative of strikes, because it leaves
employees to act upon impulses and from
passion and freed from the restraints of the
Brotherhood regulations.
''Second-The rule is of doubtful value
When the court is the real employer, both
from the reluctance of the employed to
defy the courts authority and from the
marily Vindicate it.
''Third-The rule is of positively in
furious tendency in the disaffection and
discomfort engendered among employees
by the denial to them of rights enjoyed
by citizens generally and deemed neces-
sary for their security and comfort.
'Fourth-The Reputation of the rule, on
the other hand, has the positive merit Of
tending to secure for the service the good
will of employees, and thus promoting its
ditions Of the capital Land and labor e Pre- probiem
and the fact that labor both has the
right to organize and is organized; of IL
Illustrating the working, under the most
favorable auspices of the principle of ar
bitration as the means Of the. adjustment
of differences between capital and labor;
of demonstrating that there is not one
law for one class of the community, and
another for another, but the same for
all, and of thus tending to preserve for the
law and for the judiciary by which II IS
administered that general respect and
confidence which have always been a
marked CHARACTERISTIC as we'll as excel
lerce of our institutions.
1890 "RICHARD OLNEY."