The herald., 1894-11-09

the single purpose OF strike. In that
view, the brotherhood constitution and
rules may we'll be regarded as operating
in restraint OF strikes. By compelling
the question of sCrike or no strike to be
acted upon affirmatively, by four or five
different independent tribunals, they
certainly tend to prohibit q strike that
is rash or reckless, or for other than
weighty cause.
While, therefore, under the circum-
stances OF the present case, the possible
evidence OF a strike would seem to be
minimized, it should not be forgotten,
in the eecond place, that the receivers
proposed remedy, towit: A rule ex-
cluding or discharging from service any
and all members of the brotherhood, is
itself open to serious objections and dis
advantages.
Whom treatment go apparently unfair
and discriminating ia administered
through the fundamentally OF court,
the resulting discontent and resentment
OF em mployees are invariably intensified
because the law itself seems to have got
wrong and in some manner have taken
sides against them.
thus the mischiefs apprehended from
mem bership of the brotherhood by the
receivers employees lie wholly In the
future and are ss small as is possible in
the nature Of things, while the mis-
chiefs to rise from enforcing the receiv-
ers' proposed rule are real and immedi-
ate. Whether and how far these may
be regarded as offsetting one another
need not be discussed. The rejection OF
the proposed rule may reasonably be
expected to be attended with such sub.
stantial advantages that the court can
hardly hesitate as to the course which
sound business policy dictates.
Not the least of euch advantages is
The avoidance OF the necessary invidi-
ousness OF the illegal position that a
man shall 90 without work unless he
will give up legal right-a right he
may properly deem essential to his
safety and welfare.
No better mode for the settlement Of
contests between capital and labor has
yet been devised or tried than arbitra-
ton, and arbitration AZ mode OF settling
difficulty between capital and labor must
necessarily be applied in the course OF
the receivership, and arbitration in its
best and most effective form. The court,
by appointing receivers, constitutes
itself not only an employer of labor, but
the arbitrator of all disputes between il
and the receivers, who may justly be
regarded as representatives OF capital.
1t occupies the dual capacity of employer
and arbitrator, naturally and inevitably.
1t is an arbitrator whose wisdom and
inpartiality are, certainly should be and
must be assumed to be beyond susr
picion. 1t is an arbitrator with whom
both parties have reason to be satisfied.
both from its character and its ability
to make it's award effective, and might
we'll be expected to furnish, should cir
cumstances permit or require. con-
splcuous object lesson illuotrative of the
value of the arbitration principle.
In short, the question being whether
business policy requires the court to ap'
prove the rule that q member OF the
Brotherhood of Railway Trainmen is
| ipso facto, ineligible as an employee Of
the receivers OF the Reading railroad, ar
officer of the court, the concluding con-
sidera.lons may be summed up az fol
| lows:
First-The rule is of doubtful value al
preventive of strikes, because i
leaves employees to act upon impulse ant
from passion and freed from the re-
straints OF the brotherhood regulations
oeCOHu no fui0 ID Vi uoubtiui NoiN'
when the court is the real employer
both from the reluctance of the EN-
ployer to defy the courts authority, ant
from the power OF the latter to speedily
and summarily vindicate it.
Third-The rule is of positive in
jusrious tendency in the disaffecton ane
discomfort engendered among employ eel
by the denial to. them OF rights enjoyed
by citizens generally, and deemed
necessary for their security and comfort
Fourth The repudiation of the rule, ,or
the other hand has the positive merit o
tending to secure for the service th'
good will OF employees and thus pro
noting it's efficiency Of recognizing thu
real conditions of the capital and lsbo
problem, and the fact that labor boil
has the right to organize ant
is now organized; of ilustratinl
the working under the most favorable
auspices of the principle of arbitration
as the means OF adjusting the difference
between capital and labor; of demon
strating that there is not one law TO
one class of the community, and an
other for another, but the same for all
and OF thus tending to preserve for tn
law and for the judiciary, by which it i
administered, that general respect an
confidence which have always been
marked characteristic, as we'll as the OK
celence of our institutions.
(Signed) RICHARD OLNEY.