Birmingham age-herald., 1894-07-17
WHAT'S THE MATTER?

To the A Herald:
 The progress made in the arts and sci ences during the last fifty years is truly wonderful.
 Men of middle age have a vivid recollec- tion of the days when we were without the most useful and necessary articles of every day use. Then we had no railroad, no steam vessel, no telegraph, no electric light, no telephone and no photograph. All of these have really become essential to our comfort and necessary in our business affairs at least.
 In medicine the progress of the science and the discoveries in furtherance of it's truths have been astoundingly great; and, indeed, in every avenue of life, in all it's business and concerns, the spirit of prog. ress has made rapid strides, and almost all are up with the needs of the hour.
 The eminent conservatism of one of the learned professions has kept out progress, and the familiar features of today are rec. ognized as the very same of the days of our childhood. The gray, which commanded our reverence in the morning of life, tells us that the law, though heavy, with age and loaded down with precedents, has made no substantial advancement. Legal principles never die-and a principle could be found to apply, had we the necessary machinery of a statute or such application of it in every day use, that the memory of man would run not to the contrary-but the question confronting us is this: What law have we applicable to this or that con- dition of things, say to such as now con- fronts us with guns and accoutrements?
 We venture the assertion that some of the most momentous questions are wholly unprovided for. We deny the charge or insnuation that our people are not law abiding citizens. If one makes you pay usurious interest you may make him repay it, and you have an action for It; but If my employer keeps commissary and purchase IS made by me, the fact that my debtor is his own precious self does not make the security for the debt good enough to satisfy him, aud must pay him from 50 to 15O per centum above the market price to get even the necessaries of life for myself and my children. The law pro- vides no remedy for such thing and l am the victim. Just such things have brought upon us this horrible "strike."
 But the trouble is not one-sided, for my employer has rights as well as myself, and the other side of the picture is equally exasperating. For instance, many others and myself have induced him to invest his money in buildings, machinery and such like costly things, and we have hired to him for such and such wages for certain definite period. Scarcely has his enter prise gotten upon paying basis when we perceive the importance of full number of efficient hands to meet and fill by steady labor his numerous contracts. All at once we demand higher wages because he Is getting rich and we are not, and we force him to pay more than we contracted for, or else to suspend work and meet the con- sequences. Just here the arbitrator IS ln- yited in and the result is easily predicted.
 There is, however, another view of this case, seen so often by the laborer. Per haps the laborers are in debt, times are hard and depression in business stalks abroad throughout the land. The laborer cannot turn loose without endangering his family's health and comfort, or, perhaps. existence, and the employer drops a 'cut'' upon him under suchtrying circumstances. Win any cne deny the great evil in each instanceY Certainly not. If the law were abreast with the needs of the hour all of these things and many other unprovided- for instances of injustice and wrong would be swept away.
 The idea that arbitration, however con- ducted is u remedy for the evil, is very far from the truth. It would never take the place of good, wholesome laws.
 Besides, how do we read it; 'Arbiters, arbitrators, umpires and referees decide according to their best judgment on prin- ciples of equity after iul hearing or the case referred 10 them; judges must decide as the law prescribes." Here, then, are two propositions, uamely: The decision must be "accordlng to their (the arbitra- torsO best judgment,' etc., aud second one. that tjudges must decide as the law prescribes,' hence it will not do 10 look 10 judges and the law for relief in such great matters as arc now filing the pubic mind and awakening such painful apprehensions.
 What does tue experience of every man teach him? That an arbitration Is, in very truth, a surrender oi something on