The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1895-03-08
AN BILL.

AN ARBITRATION BILL.
The bill approved By the lower house
81 congress for arbltrating disputes be-
tween railroad companies and their em-
ployes is one whose entire efficacy will
depend upon the good faith and fairness
with which the workingmen affected
agree to sustain it's provisions. This is
due to the TACT that, rs far as they are
concerned, it's term cannot be made OBJ
aligatory. "A corporation is an entity
that can be reached by the pains and
penalties OF the law, if it sees fit to dis
regard the law. It's employee cannot.
He may enter into a contract to per.
form certain services for a certain time
at a certain compensation. 1t the em-
ployer violates any one OF these cOndi-
tions. the law steps in and says he must
fulfill them or take the consequences in
damages. If the employee violates, there
is no remedy. A contract to render
personal services cannot be enforced in
any community without creating a con-
dition M uniting to virtual slavery.
Therefore we say that such an obliga-
ton as this bill creates must necessari-
lY be one-sided. tits a legal obligation
on the companies, a moral obligation
On the men.
Endeavor has been made to meet this
objection by q clause which allows labor
organizati ons to incorporate, and re-
quires their articles to contain q clause
whereby a member forfelts his member
ship if he does not carry out an agree
ment into which the order has entered
IN good faith. This ls well as far as it
goes. But the organ izatlon may not IN
corporate. If all orders do so, if they
come. in under the act voluntarily, reali-
zing that there future quite as much
as that OF the railroad companies de-
ponds upon avoiding and making impos-
sible the disturbances Of the past.
then the law can be oper alive on both
parties and will be valid. If they do
not, in must be only a dead letter, since
no courts will persist in imposing penal
ties on one party where the other avoids
responsibility. It is for this reason
that we say that the efficacy
and value OF the law depend upon the
action of labor itself.
The main provisions of the bill re-
main as they were drawn by Attorney
General Only. Whenever a difference
arises between railroad companies and
their employees, the commissioner Of
labor and the chairman Of the inter-
state commission are to begin an In
v estigation, and endeaver If possible, to
secure an agreement. Failing in this
they are to obtain the consent, if it can
be had, OF both parties to submit the
questions at Issue to a board of arbit-
ration consisting OF three member; one
selected by the company, one by the
organization representing the dissatis-
fed employees, and the third by these
two. To such conclusion as these may
reach after thorough consideration
both parties are to pledge themselves IN
advance to agree. 1t is in enforcing that
conclusion that the question spoken
Of above will arise. The companies can
lie compelled to acqulesce. The men
cannot. And they are relieved from the
possibility OF coercion by an amendment
offered by Mr.. Tawney, providing that
no emplove who rejects the award of
the arbitrators shall be punished
for contempt of court.
The only punishment that can
be Inflicted on HIM will be by members
ot the order to which he belongs.
It remains to be seen how this will
work IN practice. The best feature OF it
seems to be the responsibility which it
will throw Upon the men IN case of
strikes without notice or without ade-
quate cause. With this machinery in
exlstance for the adjustment Of grew
ances, they will be held to a severe &C.
counting before public opinion if they
refuse to submit their case to arbitra-
ton or to abide by the award of the
arbitrators. The method of choosing a
commission is excellent. By authoriz-
ing a separate board for each case, two
out whose three members must be per-
sonally familiar with the details of the
business in question, instead of q Fixed
national board OF a~rbitrators, the on.
fidence OF both parties in a just and in
telligent settlement OF their case should