The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-07-16
IT IS NOT A NEW QUESTION
What Arbitration Has Effected
in Other Countries.
How 1t Has Been Used in France
and England.
A Brief Resume of tho History OF At
tempts to Adjust Labor Dis
putes by Arbitration
and Cancellation.


tional prominence by the events OF the
great strike, so that oil information
bearing upon the subject is peculiarly
pertinent OF this time.
1t ia not by any means new question
nor one upon which there is not album
dance OF material.
Among the compilations giving his
tory OF industrial arbitration and ooncil-
iation, one OF the most complete is that
prepared under direction Of the Msssa-
chusetts legislature, which embraces
the efforts in this direction, not only in
this but in other countries, and from
" hich the facts OF the present article
are mainly derived.
Arbitration was frat established in
France in the early part of the present
century. 1t was the outgrowth of trade
| guilds which had existed in that coun-
| try in some cases from the middle ages.
| These guilds were abolished during the
lsst days of the monarchy Of Louis
XVI.
In 1906, at the request of the work.
ingmen of Lyons, France, and by the
command of Emperor Napoleon, courts
| of arbitration and Cancellation were
established by law. Under slight modi-
fications they have continued to the
present time, their title being Conaeils
des Prud Hommes.
These councils are judicial tribunals.
constituted under the authority OF the
Minister OF Commerce, through cham
bers OF commerce, established at import
ant trade centers in France.
They are composed of an equal num-
Der OF employers and Workingmen, each
class electing its own representatives.,
with president and vice president
named by the government.
The authority of these councils ex-
tends to every conceivable question that
can arise in the workshop, not only be-
tween the workmen and his employer,
but between the workman and his APP
prentice or foreman. There is but one
question they cannot settle-future rates
of wages but even this can BIZ done by
mutual agreement. Arbitration is COM
pulsory upon the application OF either.
and the decisions of the court can be
enforced the same as those of any other
court of law.
The workings of these courts have
been beneficial to French industry, es-
pecially in Cancellation, by which more
than 80 per cent of all cases brought
before them are settled. In lS47 the
SO councils then in existence had before
them 10 27l cases, OF which 1881 were
settled by Cancellation in the private
bureau, 519 more by open Cancellation
aud j u only. 52Q casss wa il .ee0es5f I'd a
000 cases rs. 800 were settled By concilia-
ton. At the close of 1874 there were
liz councils in France and the number
has since increased.
Tribunals similsr to those mentioned
are in existence in Belgium, but their
success has not been 90 marked as in
France, owing, it ia thought, to the fact
that they have criminal jurisdiction in
some cases.
In Great Britain, though low some
what similar to that of France has been
on the statute books since the reign of
George ~, (1S24). so little use was made
of it that its existence was practically
forgotten. The mpusory features
seemed obnoxious both to employers
and employed.
Previous to the year 1850 arbitration
had been frequently applied to the set
tlement of industrial disputes in Eng.
land, but always voluntarily by both
parties. These arbitrations were not
only frequent, but ia some trades were
systematically used in every dispute
that arose, notably that of the pottery
trade. In that industry, one OF the most
difficult in which to harmonic conflict
ing views OF capital and labor. by reason
OF the large number OF trades into which
labor is divided, there has not been
general strike since 1886, disputes in
variably being settled by arbitration.
Toe year 1860 marked an epoch in
England in the history of arbitration,
for in that year the frat permanent or
continuous board of arbitration and con.
Citation was established, in the hosiery
and glove trade at Nottingham. The
distinguishing feature of the board or
ganzed by Mr.. A. j. Mundella and the
marked characteristic OF arbitration in
England since 1860, is that it ia sys-
ganized on a purely voluntary basis,
without any appeal to legal processes,
even to enforce it's decisions.
The hosiery and glove trade is one OF
the most localized in Great Britain.
According to all accounts the relations
between employers and employed in
these trades prior to 1850 were as ugly as
could be imagined. From 1710 to 1920
there was frightfu list of murders,
riots, arsone and machine breaking. In
1916 six persons suffered the death PEN
atty Tor machine breaking. In the re-
naming 40 years of the century and a
half from ITO, the worst features disap.
peared, but strikes and lock-outs con.
stantly occurred.
Since the organization of boards OF
arbitration friendly feeling has taken
the place OF hostility, and strikes and
lock-outs are unknown.
When a difference arises the eecre-
taries endeavor to arrange it. In event
OF their failure it is brought before the
committee of inquiry; and, it being I'M
able. it is then brought before the board.
Work is continued pending the trial OF
the case.
Three years after the establishment of
the Nottingham board system OF arbi.-
tration was adopted in thu building
trades at Wolverhsmpton which has
worked well. In mono OF the trades in
England has there been greater success
in arbitration than in the manufactured
iron trades, and in the coal trades, al |
though there have been many failures,
arbitration has accomplished much.
In our own country formal arbitration
and cohciliation, in the sense that the |
words are understood in England, has a |
very meagre history. The cases are few
yet IN which boards have been on a
auia -