The herald., 1894-07-29

feel impelled in my infatuation to re-
turn to the consideration OF that lin.
possible thing"
Arbitration in some form has been
recognized as a useful accessory to law,
at least as long ago as the time OF Jus-
tinian, and has been adopted by all
countries that have inherited the Roman
jurisprudence, and at least two others
England and the United States.
The good service it has lately per-
formed in the former country by settling
the great coal minere' strike after dur
alton OF four months, and when it threat
ened to paralyzs the industries OF the
whole island, is well known. Massa-
chusetts, too, has state board of arbi-
traton, and OF it the Boston Advertiser
aays: MANY strikes have been quietly
settled by the state board within q yeaI
rarely, Il ever, have their decisions
been attacked as unfair or unreasonable
| and in no case has there been any charge
OF intentional iniustics."
To be perfectly fair, however, it must
| be admitted that that which has most
excited Mr.. Bierce's ire, and which he
| calls "a brand-new fad" and an i'm
possible thing" ia compulsory srbitra-
ton, and neither in England nor the
| United states can it be eaid to exist in
| that form. But it so happens that in
one country it does exist in that
form. BY a provision of the civil code
| of France, all deagreements between
| partners with reference to their busi-
ness relations must be referred to arbi-
tration, and the decision haa all the
force of law. This is an old provision of
the French law. and, as it has never
been repealed, it may be assumed to
have worked we'll. So it appears. not
withstanding Mr.. Berce's assertion,
that compulsory arbitration is not "a
brand-new fad" and also that the
French have succeeded in accomplish
ing the impossible"
| SO great is Mr.. Bierce's indignation at
any attempt, aave his own, to settle the
labor question that his wrath rises TO
J fever heat, and, when stigmatizing all
| ouch attempts, he may be said to ex-
hibit the fury OF his convictions; his ar
ticles have contained more of vituper-
| alton than argument, 80 that it is diff
| cult to select matter proper for dis
cussion. The following, however, l will
| venture to touch upon:
He says compulsory arbitration is
not arbitration, the essence whereof is
voluntary submission of differences and
| voluntary submission to Judgment" 1t
is useless to quarrel about terms, or
might have something to say about that.
In any case compulsory arbitration ia
certainly something, and that some-
| thing is what we-the gentle idiots-are
deHirous of having. Again, he says, "If
either reference or obedience is enforced
the court is simply court with no pow
ers to do anything but apply the law"
"If party to a labor dispute is COM
| PEELED to invoke and obey decision of
! arbitrators, that decision must follow
strictly in the lines of law"
1t seems to me that reference and
obedience might be enforced" and
even il the arbitrators were "a court
with no powers to do anything butapply
the law" they would still be useful
and inexpensive adjunct to the courts ;
but the fact appears plain that. admit
ting that their decision ''must follow
strictly in the lines of law" if the law
gave them jurisdiction within clearly de-
fned limits, their decision would be the