The record-union., 1895-05-18
ARBITRATION AND EQUITY.

Law Reviec of New York paper Of
strong character. in which he questions
the utility of arbitration either voluntary
or compulsory. The first he holds. is
provision for good advice merely, and is
therefore inadequate; the second is i'm
practicable. as is any enforceable obliga-
ton to abide by an award because strikes
themselves are often the reputation OF
contract obligation; and, also, because
the more intelligent leaders in labor or
CARNATIONS appear to be unwilling to
accept any plan of arbitration with COM
pulsion in acquiescence.
In other words, he holds that it is now
seen that compulsory arbitration will not
be accepted if it means compulsory
award. He finds no reason for regret in
this, because arbitration is not founded on
principles of uniform and instructive
justice. "Arbitrators are a law unto
out partiality or corruptness, and in
theory Of law there is no effective objec-
ton to contrary decisions in similar
cases."
But this should not, we think, pass
without challenge as to the first claim of
DR.. Austin. namely. that voluntary arbi-
tration is inadequate to the requirements
of the situation. Assuredly where under
statutory provisions parties substitute
arbitrators for the court. and their de-
cision becomes an enforceable judgment
in law, there must be adequacy, since the
decision becomes in fact a court judg-
ment. In practice arbitration under the
statute, we admit, is seldom resorted to,
an irresponsible for responsible court
Nevertheless, when it is availed of, we
think il must be conceded that, as it
has the effect of judgment, it is in fact
adequate to the requirements of the situa-
ton whether the judgment debtor thinks
it so or not. But if DR.. Abbott did not
intend to include statutory arbitration in
his sweeping assertion, then our criticism
is not we'll taken.
But concerning all other arbitration
there can be no question of the sound
ness of DR.. Abbotps reasoning. Invol-
untary, or compulsory arbitration, is a
misnomer, in fact an impossibility. If
it is enforced it is the substitution of an
irresponsible for responsible court in
violation of the human right Of some one
to have his cause determined by the
rules of law, which are the outcome of
all human experience and the sum of
human wisdom under experience.
Admittedly arbitration is weak in that
it is not uniform in similar cases, whereas
the law must be assumed, since its rules
are principles, and therefore uniform, to
apply alike in all cases of kind.
DR.. Abbott holds that no novel tribu-
nails are necessary because there is
ample power in our courts of equity to
decide labor controversies. He says:
The next step, we trust, will be to discover
that the existing courts OF equity are adequate
and ready prepared tribunals Tor this pur-
pose: and a short statute would be ample
which should require that the regulations and
dealings of every corporation enjoying fran
chise from the State or Nation shall be just
and lair. and that courts of equity shall have
Jurisdiction to enforce this rule by the ordi-
nary proceedings.
Courts of equity charged with such a duty
- untlld aDiYl
as case after case came before them, The just
application, to what is called the labor prob
lem, OF the same principles of equity and fair
dealing among men which they have success
fully worked out in reference to other rela-
tions which have been subjected to their
jurisdiction. We believe there is nothing in
this problem other than its bigness and the
warmth of the contending oppositions that
have been raised in the struggle, to d1Stin-
| guish 1t from other problems which the courts
of equity have successfully solved; and the
experiences of recent months, 1t appears to
us nave satisfied the majority of the COM
inunity that the problem is not too large nor
the opposition too strong to be successfully
dealt with by the regular judicial power to
which all other controversies are subjected.
Nevertheless, where arbitration is VOL
untary and the parties bind themselves
! to abide the award, and do so stand to it,
and the result is peace and harmony,
human judgment will not condemn ii.
It frequently has happened that by con-
cession, which is about all there is of
arbitration, conflict has been avoided and
great injury averted. Where it is hon.
estly and honorably entered into and
stood by, it is therefore a peace remedy.
But this does not shake the position of
DIR. Abbott that the courts of equity
should be and will be equal to the just
settlement of all labor controversies on
the principles of eternal justice.
MR.. Z. L. GooDKIN in his monograph.
Diplomacy and the Newspaper" says
| that the medium through which the
nawspaper acts most effectiyely on the