The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-08-23

Saratoga, n. Y, Aug 22-The Ameri-
can Ear association, of which Judge 7.
n - Cooley, of Ann Arbor, Mich, is presi-
zsnt, began its seventeenth annual meet
ing here today. The president being alb
sent by reason 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 en-
points of general interest which have been
made in several states and by Congress
during the preceding year.
Where Coxeys Erred.
OF the Coxey armies Judge Cooley said:
1.-The thought actuating .he movement
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
81 I'M of the appoctionment of powers be-
D cen the states and the general govern
Er,nt; the states were passed unnodeed,
though to one familiar with our institu-
tions, 1t was plain enough that the duty
insisted upon. II it existed at all, must
rest upon The state; and the armies
marched directly upon the national CAPT
tol to demand action of the general
government. This caused unrest every
where, and, as they represented notions
which are antagonistic to the existing
social and political status, they were
eyery where 4 public danger"
state and Federal Rights.
Abiding to the recent railroad troubles,
he said:
"a syrnpathetic strike is bad in morals,
and must be quite as bad in policy, when
the probable injury to innocent parties
will exceed the probable benefit to the
parties it aims to assist"
Referring to state and federSl rights
pnd the protest of Governor Altgeld, lie
Says:
soThere were national duties TO be per-
Formed in Illinois, national officers,
agents and courts, to whom in part the
performance was intrusted, and disorder
w parties were interfering and rendering
performance difficult oftentimes impos-
sible But the position of the governor,
that the maintenance of peace and the
,.epression OF disorder was a state duty
end the president was guilty Of usurpa-
ton when he thus, without request
moved troops into that state for the pur-
pose. we cannot admit that the posi-
ton taken is even plausible. 1t has no
.sxarrant whatever in the federal consti-
1@elhon, which, on the contrary, is dis
tinctly against it. The president Is 10
take care that the federal laws be faith
1nade to depend upon the will or the con-
Aant of any one The duty is specially,
ard in the plainest terms, imposed upon
him and in the performance of it ne is
subordinate to no state authority. YET
81 the views of the governor were ac-
cepted as sound, The mails might be
stopped at Chicago, interstate commerce
broken up and the process of United
Rtates courts refused service unless TBS
governor. with disorder dominant, saw W
to suppress it or call upon the president
TO DO So If the protest was yielded TO,
it Was a concession that the governor and
NJ the president was to take care that
Che laws of the United States were faith
fully eAecuted in his state, and if he
failed to do so, a mob might at pleasure
DEFY them The action taken by the two
houses of Congress in approving, in en-
phatic terms, what had been done by the
president was equivalent to an expression
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 journals
and otherwise was to the same effect, and
the question Of constitutional law may be
considered practically settled"
Sympathetic Strikes and Arbitration
Speaking of arbitration, he asked:
Suppose a national law providing for
compulsory IdQ existed, ana
the strikers had demanded the interven-
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 under
che law they could give no remedy for
had no application whatever been
de. The strike was by railroad en-
yoes; they and their employers were
.fe only parties to it. But the cause of
complaint which LED to the strike was a
controversy between other parties alto
ether; parties who stood, in1ee1 in hos
lie attitude to each other, but were
Iarties to this strike and could not ,,e
,rought into that pare in the arbitration
emanded. The board summoned 10 con-
y slider this would be wholly without juIis-
diction to determine or wen TO look into
" the merits of the controversy, which was
the excuse for the one now brought 10
fits attention.
look the fact that there is one class of
strikes that can never be settled by ar
b.tration; that is. sympathetlc strikes.
f1Sstrike are not the parties &c The con-
tfoFersy that needs to he settled and If
sympathizerS are held justified the o-igi-
nal quarrel still remains undetermined.
A finding made by a given number of ar
bitrators to the merits Of tie original
controversy in such cases would be an
idle elimination Of opinion, In ing be-
hind it no force OF law and going no
any party concerned than wGnld Ike
expression by any other equal number
of equally intelligent members OF the
community"
other Business.
The secretary. John Hinckley. of Bal
tfrnsre, reported the membership at l. ia
and the election of sixty new members.
Every state bur Nevada, and three out
of five territories were represented. The
treasurer. Francis Rawle of Philadelphia
reported the finances in hoErishing
condition ard comfortable balance in
IN bank.
his afternoon the chairman's address