The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-18

but rules of business expadients 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 on them is to load
them with functions for which they are
not fitted at the cost of the due charge
Of the functions for which they are
fitted. The award, therefore, should be
impeachable in the circuit court only for
errors of law apparent on the record,
and should be filed in court only for that
purpose.
Enforcing the Award.
In the second place as respects the en-
forcement of the award two conSldera-
lions are involved. One is det1Ifte time
during which an award shall be in force
and not reversible BY another award
Such a time is essential because no busl-
ness can be satisfactorily conducted un-
less the conditions are reasonably certain
and stable. 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 the
fac1 that C1e of tie o. q s as the COMMON
carrier, will, indeed, almost invariably be
a railroad corporation. That is one par
" affected by the award, an employer
who is legally bound to continue TO do
business, however d1spleased with an
award The other party affected by the
award, on the other hand, il in the posi-
ton of employees generally, VINO may
operation of the award is inevitable and
may be counteracted only in part py max
Zig the submission provide that EMPLOYEES
q dissatisfied with an award shall not unere-
fore quit work until the expiration of
three or six months notice, or OF Sucn
other time as may be deemed sufficient
TO give the employer a, reasonable oppor-
trEnfty to supply their places. Such a
term of the award would not, OF course,
be specifically enforced-a man cannot be
made to work against his will amy more
l1ln1~ 1I RI
Neither would it be expedient probably to
make q. refusal to work under such cir
cumstances punishable by fine or impris-
onnent. The most to be expected of a
submission containing such a term would
be that more or less employees, from mo-
tVeS of expectancy or of honor, would
govern themselves by conditions which
they know had no effective legal sane
ton.
When Arbftra ton Fails.
No bill of this nature can be regarded
as complete Which does not anticipate
and provide for a condition of Ithings in
which arbitration is a failure, either be
cause not reSorted TO or because not ac-
guessed In, and in which the controversy
reaches stage Of heat and violence
causing or menacing great public mis-
chiefs.
The industry this bill deals with is of a
public nature and hal; often been pro
nounced SO by the courts. 1t is wise tc
faclMtate the speedy and peaceful settle.
nlenlt of the differences of those engaged
in 1T. But the paramount duty is to take
care ut shall go on at all hazards. Griev
anceS are to be redreSSed of course, WIFI
all the promptness which their invest ga,
: ton wfn permit. But in the interval TIT
public interest must suffer and the bust
p ness trouble is concerned with least pos
: sible interference. The bill, therefore
should contain a section to the effec
when either before arbitration or after it
or without arb itration, strife between EN-
: ployeeS and employers engaged in tn'
= business covered by the OH threaten
E to altogether obstruct or to So
riously hinder the transaction of bust
ness, the attorney-general ON behalf o
the United States may, by proper bill il
equity, ask for an injunction restraining
such obstruction and hindrance of sucl
! business and call for the appointment o
receivers to take charge of the bushes
/ and property involved until the conrover
: Sy is Settled.