The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1897-04-09

Ouuse baluWih Explains ehe "oAb
mems Courts in France-Difficulties In
Way of Arbitrating Labor Troubles Here
Merits and Dement'S of Presents Sys-
tenn of Litigation.
The last regular meeting of the sea-
son of the Social Science association,
held last evening, was a lively one,
including among other interesting fea-
lures running discussion of the ad-
Visibility of arbitration Of labor trou-
bles, Imprisonment for debt, municipal
control of corporations and other kim
dred questions and questions not kin
dred.
The topic of the evening was Work
ingmen's Courts in France" and
paper by Judge Simeon E. Baldwin fur
nished the material around which the
discussion centered.
Judge Baldwin commenced by saying
that his attention had been attracted
to an article in the American Fabian,
in which it was asserted that in France
there were courts Of arbitration in
which 1000 cases were arbitrated every
year and urging the adoption of SINH
lar arbitration courts in this country.
"On investigation" said Judge Bald
win, II find that this statement is er-
roneous and that there are no courts
of arbitration in France. What the ar
ticle in the Fabian probably referred
to was the system of werkingmen's
courts, which are established all over
France
"These courts number in all 14O and
are apportioned according to the num-
Der of factories in the canton.
'"The court is composed of working
men and employees; each class electing
half of the number of judges. The
court has no jurisdiction over any alb
stract questions which may arise but
only in the settlement of the minor
causes of difficulty between the en-
ployers and employees.
"The courts meet once in a fortnight
and as much oftener as occasion may
require. No lawyer appears in the
court and it is presided over part of
the time by one of the laborers and
part of the time by one of the employ
erS.
This court is known as the council
of the wise men, and two of It's mem
bers form bureau Of reconciliation,
before which all claims are brought
before they are tried by the council and
the bureau attempts to arbitrate them.
ITO a certain extent this court has
the same authority that the court of
common pleas or the superior court of
Connecticut has over petty civil cases
perhaps up to claims of $40. Its de-
ciSion in these cases are final.
''Above this amount they go to the
commercial court, which deals with the
larger claims which arise between mer-
chants and business men. About two
thirds of the claims brought before the
bureau of reconciliation are arranged.
Certain questions, however, which
arise, could not by any possibility be
settled.
TRADE unions in France are greatly
restricted and coalitions of labor, If
any force, threats or fraud are en-
ployed, are punished as a penal Of
fence.
"The question may arise as to the
advisability of adopting these courts in
America, and the following difficulties
may be suggested:
"First-Because it Is a class system
remaining from the medieval ages
when each class had its courts.
"Second--Our constitutions guarantee
trials by jury, and many cases would
have to go to jury in the United
States which would naturally come up
before this court.
"Third-It would take too much time,
which the higher paid laborers Of this
country could not afford.
"And this thing tends to make the sys-
tenn less adapted to our country. The
fundamental difference between arbi-
traton and law suit is that arbitra-
ton depends upon the agreement of
parties. The moment you make arbi-
tration compulsory you have law suit
which must be governed by all the rules
of a law suit"
Mr.. Cowles-"Judge Baldwin, isn't ar
bitration means of saving time to the
workingmen?"
Judge Undoubtedly it saves
time for litigants, but it takes the time
of the workingmen who compose the
court"
Attorney Russell-"Did you say that
strikes were prohibited in France?"
Judge Baldwin-"Not exactly that
but in cases where force, threats or
fraud are employed it is made a penal
offence; not where the strike is peace
able
The Debs case and general discussion
as to strikes followed
Attorney Russell said that in Eng
land strikes in certain employments of
peculiarly public nature are where
the strike would result in danger and
harm to the public were forbidden; in
other employments the laborers were
free to strike.
Another member thought that there
would be considerable saving in the
cost of litigation If arbitration was re-
sorted to to settle difficulties, as it
would do away with lawyers fees.
Attorney Newton-''Weren't lawsuits
much more frequent in the early history
Of New Haven when lawyers were for
hidden to enter courts?''
Mr.. Cowles-"The people were more
pugnacious then"
Attorney Arvine gave an interesting
description of his personal observations
of in,