The herald., 1894-08-23
AMERICAN BAR ASSOCIATION.
President Cooley's Annual Ad-
dress.
Recent Changes In Statutory Law
Reviewed.
The Coxey Movement, Railroad Trou-
bles and Strike EVIL Exhaustivsly
Discussed-Gov. Altgold
Roasted.
By the Associated Press

SARATOGA, Aug. 22.-The American
Bar association, Of which Judge T. M.
Cooley. of Ann Arbor, Mich, ia presi.
dent, began its 18th annual meeting
here today. The president being ABB
sent by reason of illness, his address
was read by the acting president, Judge
Samuel F. Hunt Of Cincinnati. 1t was
very lengthy, and comments on the
most noteworthy changes in statutory
law on points of general interest, which
have been made in the several states
and by congress during the preceding
year.
THE CoxKY ARMIES.
OF the Coxey armies Judge Cooley
said:
1.-THE thought actusting the move
ment 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
20 have been paid by them to the ap-
portionment of powers between She
states and the general government; the
states were passed unnoticed, though to
one familiar with our Institutions it was
plain enough that the duty insisted
upon, if it existed at all, must rest upon
the states, and the armies marched
directly upon the national capital to de-
mand the action of the general govern
ment. This caused unrest everywhere,
and as they represented notions which
are antagonistic to the existing social
and political state. they were every
where public danger"
RECENT RAILROAD TROUBLES.
Alluding to the recent railroad troub-
les he said: "a sympathetic strike is
bad in morals and must be quite as bad
in policy, when the probable injury to
innocent parties will exceed the prob.
able benefit to the parties it aims to
sssist."
STATE AND FEDERAL RIGHTS.
Referring to state and federal rights
and the protest of Governor Altgeld, he
says: "There were national duties to
be performed in Illinois; national OIL
GERS, agents and courts to whom in part
the performance was intrusted, and dis
orderly parties were interfering and
rendering the performance difficult,
oftentimes impossible. But the posi-
tion OF the governor was that the main
tenance of peace and the repression OF
disorder was state affair, and the
president WAS guilty OF usurpation when
he thus, without request, moved troops
into that state for the purpose. We
cannot admit that the position taken is
even plausible. 1t has no warrant
whatever in the federal constitution,
which on the contrary ia directly
against it. The Presidents to take care
that the federal laws are faithfully exc
cuted, and his doing 80 is not made to
depend upon the will or the consent of
anyone. The duty is specially and in
plain terms imposed upon him, and in
the performance of it, he is subordinate
to no state authority.
"Yet if the views of the governor were
accepted as eound, the mails might be
stopped at Chicago, interstate commerce
broken up and the process OF the United
States court refused service, unless the
governor, with disorder dominant. saw
tit to suppress it or call upon the presi-
dent to do so. II the protest wss yielded
to, it was a concession that the governor
and not the president was to take care
that the laws of the United States were
faithfully executed in this state, and if
he failed to do go q mob might at pleas.
ure defy them.
THE action taken by the two houses
OF congress in approving in emphatic
terms what had been done by the presi-
dent was equivalent to an expression of
their opinion that the protest OF the
governor was not only unwarrantsd but
revolutionary. The sentiment OF the
in hn -
journals and otherwise, was to the same
effect. The question of constitutional
law may be considered practically set.
tied"
STRIKE ARBITRATION.
Speaking of arbitration, he asked !:
"Suppose national law providing for
compulsory arbitration had existed and
the strikers had demanded the interven.
tion 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 that
under the law they could give no remedy
for it, had no application whatever been
made. The strike was by railroad en-
ployees, and they and their employers
were the only parties to 1t. But the
cause of complaint which led to the
strike was q controversy bstween other
parties altogether; parties who stood,
indeed, in hos.ile attitude to each other,
hut we're parties to this strike and could
not be brought into that part in the ar
duration demanded. The board sum-
moned to considsr this would be wholly
without Jurisdiction to determine or
even look into the merits of the contro-
versy. which was the excuse for the one
now brought to its attention.
NoN-ARBITRABLE STRIKES.
"Our statesmen leaders will mover
overlook the fact that there is one class
OF strikes thai can never be settled by
arbitration. That ia sympathetic strikes,
and the reason is plain. The parties to
the strikes are not the parties to the
controversy that needs to be settled,
and IT the sympathizers are held iusti-
ned, the original quarrel still remains
undetermined. A finding made by q
given number OF arbitrators as to the
merits OF the original controversy in
such eases would be On idle elimination
OF opinion. having behind it no force of
law and going no farther to fix a moral
obligation upon any party concerned
that would like expression by anv
other equal number OF equally intelli-
gent members OF the commuuity."
REPORTS OF OFFICERS.
The secretary, John Hinokley of Balti.
more, reported the man, harahi, no 111o