The mirror. (Stillwater, Minn.) 1894-1925, 1894-11-15
LABOR UNIONS ARE ALL RIGHT.

LA $780,
CONTINUED FROM SECOND PAGE.)
NAV easily unite for the single purpose
of a strike. In that view, the brOJneI
hood constitution and rules may. well
he regarded as operating III restraint VI
strikes. BY compelling the queStlon oI
strike or no strike to be acteo 90 upon
affirmatively by four or hVe Glllelen'
and independent tribunals they GER
tainly tend to prohibit a strike CnaC IS
rash or reckless or tor other M, Inali
niahtv o.nCa x 4 * While
therefore. under the circumstances OF
the present case. the positive evidence
of a strike would seem to be mlnlmlZeo,
it should not be forgotten IN the SECOND
MACE that the receivers proposed
remedy. to wit, rule excluding or ols-
cbaroinc from service any and all mem
hers of the brotherhood, is itself open
to serious objections and disadvantages.
"When the treatment so apparently
unfair and discriminating Is duillili
istered through the lnstrumeIIailCy VI
a court. the resulting dlScOnten! diiu
resentment of employees are lnevltaply
intensified. because the law lCsel1 seenls
to have got wrong and IN some ulldc
countable manner to have taken SIDES
AGAINST them. Thus the mischlets APP
nTehended from membership OF tne
brotherhood by the receivers employees
lie wholly in the future and are aS
small as is possible in the nature OF
things. while the mischief to rise from
enforcing the receivers proposed rule
are real and Immediate. Whether ana
how far this may be regarded as OH
setting one another need not be ols,
cussed. The rejection OF the proposed
rule may reasonably be expected TO DE
attended with such substantial advan-
tages that the court can hardy nesi.aee
as to the course when Souliu oooiiio0o
policy dictates.
az OF the least of such advantages is
the avoidance of the necessary lnvldl
ousness of the illegal position that
man shall go without work unless ne
will give up legal right-a right M
may properly deem essential TO { ms
No better means for the settlement OF
contests between capital and LABOR ma:
vet been devised or tried than
ARBITRATION,
and arbitration as mode or SeCClill3
difficulties between capital ana ldoo
must necessarily be applied IN Ih
course of the receiverShip, and arDltra
tion in its best and most effective form
The court. by appointing receivers
constitutes itself not only an employe
of labor. but the arbitrator OF all dis
nntes between it and the receivers VIII
NAV Justly be regarded as representa-
tiyes of capital, and occupies the qua
capacitv of employer and arDltrauo
naturally and inevitably. 1t is an a.
hitrator whose wisdom and impartialit
are. certainly should be, beyond SUI
picion. 1t is an arbitrator with Whol
both parties have reason to be sdtlSlie'
both from its character ana us aplli II
to make it's award effective, ana mug.
well be expected to furnish. should q
cumstances permit or require, COZ
spicuous object lesson illustrative
the value of the arbitration prlnclpl
In short. the question being wheth
business policy requires the court
approve the rule that member OF u
brotherhood Of railroad tralnmen
iDs0 factO ineligible as an employee
the receivers of the Reading rallro
and an officer of the court, the co
elusive considerations may he SUNNI
up as follows:
First-The rule is of doubtful val
as preventive Of strikes, because
leaves employees to act upon lmpu
and from passion, and freed from [
restraints of the brotherhood fesu
tionS.
'SecOliu-lHo Iult Io5 VI Wv"
value when the court is the real
plover, both from the reluctance OF
EMPLOYED to defy the court author
and from the power OF the latter
speedily and summary vindlcate II
Third The rule is of positively
iurious tendency in the dlSattect
and discomfort engendered among
plove, by the denial to them OF rig
enioyed by citizens generally
deemed necessary for their security
comfort.
Fourth reputation Of the l
on the other hand has the post
merit. (a) of tending to secure for
service the good will Of employees
thus promoting its efficiency; (b) OF
organizing the real conditions OF
capital and labor problem and the
that labor both has the right to Orga
and is organized: &c, Of illustrating
working under the most favOr
auspices of the principle OF arbltra
as the means of adjusting the diffe
ces between capital and labor; "a
demonstrating that there is not
law for one class of the community
another for another, but the same
all. and of thus tending to preserve
the law and for the judiciary by W
it is administered the respect ana
fidence which have always bee
marked characteristic as we'll as
cellence of our institutions.
RICHARD OLNI