The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-01-18
NEW LABOR ARBITRATION LAW.
Attorney-General Ulney Has q
Plan.
Introduced in the House of Repre-
sentatives.
intended as a Substitute for the Meas.
urs Frsmsd by Commissioners
Wright.


by Chairman MGGann of the house COM
mittee on labor. 1t is intended as
substitute for the one framed by Labor
Commissioner Wright, as q result OF
the labors of the Chicago strike commits
sion. In several points the bill is more
far-rssching in its proportion than any
that has yet been brought forward.
Tho wsges paid to employees, it ia
stipulated, shall be reasonable and just.
IN case of wage controveriea the chair
man Of the interstate commerce com.
mission and the commissioner oil labor
are to communicate with the parties,
endesvoring to effect an amicable settle
ment, and if this mediation fails the
controversy may BIO submitted to
board OF arbitration, OF which the
chairman of the interstate commerce
commission shall be chairman, and
which shall consist also OF one commits
sioner chosen by the employer and one
by the labor organization to which the
employees directly interested belong, or
if they belong to more than one, by that
one which specially represents en-
ployees OF the sRme grade and class and
engaged in services OF the same nature
as the employees in the controversy
Where two or more classes of employees
are interested their organizations shall
agree on their representatives. Other
features are: That the award Rhall be
final unless Set aside for error OF law
apparent on the record.
Employees dissatisfied with the
award shall not quit work without
three monthe' notice in writing. The
award shall be continued in force for
two years, and during that period no
new arbitration between the same par
ties on this same subject shall be had.
Membership in incorporated labor Or
CARNATIONS, it is provided, shall be ter
minated by indulgence in iawlessness,
violence, destruction of property, intim-
idation or threats by members during
strikes. but they are not to be held
individually liable for debts OF the Or
ganizations.
Employ ers who make it condition
of employment that men shall not be
members of any labor organization. or
discharge or threaten to discharge men
for ouch membership, or discriminate
against them because of it, or enter into
bhC LOCh w OOh"
tribute to any fund for charitable, social
o. beneficial objects; or, after disoharg-
ing men, oonspiring to prevent them
from obtaining employ msnt. shall be
guilty OF mademeanor. punishable
by q fine Of from 800 to $1,000.
Mr.. Olney accompanied the bill sent
to Mr.. McGann, at the lstter's request,
/ with a statement of his views on the
several provisions of the original bill and
his reasons for euch new matter as had
been incorporated into it. The attorney.
generals statement starts out by dis-
claiming for everyone save himself any
responsibility for the views contained
in his letter. Assuming arbitration to
be both desirable and needful, Mr.. Oh
ney contends that its tribunal should
be special body organized
on fixed principles with reference
10 each particular case as it arises
rather than permanent body with
general jurisdiction over all caees. The
machinery of arbitration, he thinks.
should not DO put in operation at the
instance of one or more isolated indi-
viduals but only at the instance OF a
class, that is, OF whole body of en-
ployees performing the same business
and of the came grade, in order that all
may be represented in the proceedings
and all be bound by their results. The
effect to be given to the enforcement of
it Mr.. Oney regards as a matter OF great
consequence.
In the fret place the arbitration tri-
buna is not judicial in character, but
administrative ii does not pass on
rights, bat rules OF business expedients
especially.
The courts are not adapted TO decide
questions of rates OF wages, OF hours of
employment and other like matters. To
impose such duties upon them is to load
them with functions for which they are
not fitted at the coat of the due charge
of functions for which they are fitted.
The award, therefore, should be i'm"
peaohabe in the circuit court only for
errors of law apparent on the record,
and should be filed in court only for
that purpose.
In the second place, as respects the
retirement of award, two considerations
are involved. One is q definite time
during which an award shall bs in force
and not revisable by another award.
Such @ time is essential, because no
business can be- satisfactorily conducted
unless the conditions are reasonably
stable and certain. An award. there
fore, should not be capable vi being re-
opened by a fresh arbitration for
period Of et least TWO years.
The industry this bill deals with is OF
a public nature and has often been pro-
nounced 80 by the courts. lt is wise to
facilitate the speedy and peaceful settle
ment of the differences OF those en-
gagged in it. But the paramount duty ia
TO take care it shall go on at all hazards.
Grievanoea are to be redressed, OF course,
with all the Dromptness which their in
vsstigation will permit. But in the in
terval the public interests must auaer
and the business trouble is concerned
with least possible interference. The
bill, therefore, should contain a section
to the effect that when either before
arbitration or after it, or without arbi.
tration, strife between employees and
employers engaged in the business
covered by the bill threatens to alto
gether obetruct or to seriously hinder
the transaction OF the business, the at
torney-general, on behalf OF the U nited
States, may, by proper bill 10 equity,
ask for an injunction restraining such
obstruction and hindrance OF such blsi'
ness, and cali fof the appointment OF
receivers to take charge of the business
and property involved until the contro.
versy 10 settled
wise North side Dog.
Coming down town on Lincoln ave.
Al. ,...