The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-18

effect to be given TO the enfocement or It
Mr.. Olney regards as matter of very great
consequences
CONSIDERATIONS INVOLVED.
In the first place. he says, 1.-THE arbi-
tration tribunal is not judicial in character.
but administrative-it does not pass on
rights, but rules OF business expediency
and policy. The courts are not adapted to
decide questions OF the rates of wages, or
the hours of employment and other Ike
matters. To impose such duties on them
is to load them with functions for which
they are not fitted at the cost of the dis
charge of the functions for which they
are fitted. The award. therefore. should
be impeachable in the Circuit Court only
ord. and should be filed in court only for
that purpose.
forcement of the award, two considerations
are involved. One is a definite time during
which an award shall be IN force and not
is essential, because no business can be
satisfactorily conducted unless the condi-
tons are reasonably stable and certain
An award, therefore, should not be capable
OF being reopened by a fresh arbitration for
a period of at least two years.
The other consideration relating to the
enforcement of the award arises from thu
fact that one of the parties is a common
a railroad corporation. That is, one party
affected by the award is an employer who
A. legally DQuHQ o commune 10 90 DuSlHtSSs
however displeased with an award. The
other party affected by the award, on the
other hand, is in the position of employees
generally, who may quit work at pleasure.
This one-sided operation of the award is
inevitable, and can be counteracted only. in
part by making the submission provide
that employees dissatisfied with an award
shall not, therefore, quit work until tha
expiration OF three or six months notice;
sufficient to give the employer a reason
able opportunity to supply their places:
course, be specifically acknowledgements
be made to work against his will any moro
y wonld Z II morse he e can 6e maa er % drink- 10 Ne mass
a refusal to work under such circum-
stances punishable by fine or imprisonment.
The most to be expected of a submission
containing such a term would be that more
or less employees, from motives of expedi-
by conditions which they know had no eff
fective legal sanction.
mo bill of this nature can be regarded
as complete which doeS not anticipate and
provide for q condition of things in which
arbitration is a failure, either because, not
and in which the controversy reaches q
stage of heat and violence. causing or
menacing great public mischiefs. When an
industry Is of a strictly nrivato character
the quarrels of employees and employed, SO
ions ns as they y DO lot not result IN n a r breach OF
orally and may be left to go on indefinitely.
even to the entire exhaustion of the parties
and to the complete ruin of the industry it
self. But the industry this bill deals with
IS of a public character and has so often
been pronounced by the courts. 1t is wise
o facilitate the speedy and peaceful set
tlement of the differences of those engaged
in it. But the paramount duty is to take
care that it shall go on at all hazards.
grievances are to be redresseo, of course,
with all the promptness which their investi-
cation will permit. But in the interim these
pubnc interests must not suffer and the
business concerned must go on
with the least possible interference. The
bill therefore should contain a section 10
the effect wherever either before arbitra-
ton or after arbitration. or without arbi-
tation, strife between employers and en-
ployes engaged in the business covered by
the bill threatens to altogether obstruct
or to seriously. hinder the transactions OF
half of the United States. may by proper
bill In equity ask for an Injunction restrain
ing such obstruction or hindrance of such
ceivers to take charge of the business ana
property involved until the controversy is