The Portland daily press., 1898-02-21
THE CUMBERLAND BAR
Hold Its Annual Dinner at the Con.
gress Square Hotel.

Hon. A. A. Strout Addresses the Bar-A
most Enjoyable Time-Those Who
Were Present.
The annual dinner of the Cumberland
Bar association was held at the Congress
Square hotel. Saturday evening and was
largely attended.
At O'Clock the members of the asso-
citation sat down to most elaborate menu,
served in Landlord Stearns's best style,
and after the good things had beon DIS
posed of and cigars were lighted, Hon.
II. B. Cleaves, president of the associ-
alton, arose and made the opening 40
DRESS Hon. A. F. Moulton was lntro-
duced as toastmaster Of the evening. AT
the close of his remarks he called upon
Hon. A. a. Stront, who was the speaker
of the evening. Mr.. Strout spoke OF
labor troubles and the efforts which
had been made to find method OF
settlement and he outlined plan Tor
dealing with the question. He said:
Many remedies have been advocated for
these evils, amongst which are voluntary
and compulsory arbitration. But IN my
opinion. arbitration is Intellectual and
there should be something more. There
should be judicial Investigation of the
pauses of the strike or lockout, the pur
poses of the persons advising or partict-
pating in them, and the consequences
which will grow out OF the continuance
of the contest, and that this should be by
a tribunal whose decision will command
respect, and which can enforce in proper
cacac ita ad ind iCatiOnS
1t is not. necessary tt. the success of the
suggestion am about to make, that there
should be any attempt to change, either
by judicial decision or by statutory enact
ment, the fundamental principles now
almost universally recognized, growing
necessary to compel the laborer to enter
upon, or contin ne in any given employ
ment, nor is it necessary to compel the
employer in tho absence of contract, to
continue in his service any party or par
ties whom he may choose for any proper
reasons to discharge. In word, it is not
required to interfere with the absolute
freedom of the laborer on the one hand to
enter into any contract Of labor with such
individuals and for.such time as he may
see fit, and for lawful causes, which con-
Germ himself alone, to put an end to his
term Of service; nor with the freedom OF
the employer to engage or discharge en-
ployes, and to employ. Others in the place
of those who are SO discharged. To do
| this. as have before shown, would be In
conflict with the liberty and inalienable
rights of both parties to control and dis
pose of their own skill and services on the
one hand, or upon the other, to conduct
their business in such manner as they
may deem best for their own individual
profit, which have long been recognized
as amongst the primary right OF mankind
| "a - 60, tel <rfh n1C
when authorized thereto, to examine Into
the causes which lead to these widespread
disturbances, and conflicts between the
employer and the employed, and to apply
such corrective measures as are author
lied and required by law, and as will
preserve the public peace and prevent in
jury not only to the parties concerned,
but to the state. which is deeply interest
ed that these contests shall cease.
| The suggestion which has always
seemed to me worthy of consideration and
likely to effect this end may be briefly
stated. would confer by proper statute
enactment jurisdiction Of all questions
growing out of labor and employment, to
be enumerated In the act, upon the courts
tricts of the Union. Whenever contro-
Yersy arises between labor unions, or a
specified number of unorganized laborers,
and.their employers, let summary petit.
ton be brought by either party interested,
setting forth the causes CT complaint
| which led to the strike or lockout, and in
case the immediate parties to the oOntro-
| versy neglect or refuse to avail themselves
of these judicial proceedings for the settle
| ment of their disputes, let 1t be the duty
of the district attorney Tor the district
where the controversy exists, to COM
lnence such proceedings in behalf of The
people, with the right to summon in all
1 Il 1910 sr~&1 Tod 10 41yl
thereto and be heard thereon. After due
notice, and within such time as the court
shall;fx let there essa full hearing of the
parties and their with esses in relation to
the matters set out in the petition before
the court, or in case that he shall deem 1t
proper, he may frame issues of fact TO be
tried by jury in the usual course OF
| judicial procedure except it's delay. After
| the court mas heard the facts, or had been
aided, by verdict of the jury, let the
court make a report Of its findings. defin-
| ing the nature of the causes giving rise to
| the conflict, the purposes of the ipersons
engaged therein, or their advisers SO far
as disclosed by the testimony, the conse-
quences to the parties and their business,
and to the peace and safety and welfare OF
| the general public which will result from
theirscontinuance, and such other matters
as the court shall deem 1t necessary Tor
the Observation-Disclosures the case, togeth-
er with the law governing the rights OF
the parties, which shall.be raised by any
party to the suit or deemed necessary by
the court, together with such plan OF
recommendations for the settlement OF
the controversy as the judge hearing the
case shall deem that the facts. the law,
and justice shall require. After such ind
ing and publication, would suggest that
it be established by statutory enactment,
that any combination or conspiracy for
the purpose of defeating the findings,
Recommendations and lawful DEGREES OF
the court, and of preventing the settle
nent of the controversy between the par
ties, shall be deemed and held to be un-
lawful, and that the court shall have
power to prevent by injunction or other
proper proceeding, such combination
from defeating the findings and recon-
mendations of thescourt contained in. Its
report. And I would further provide
that after the filing and publication OF
such report and recommendations. 1t
should be the duty of the court to enjoin
all efforts on the part of the employed
to prevent the employer from obtaining
the labor OF. Others In the place OF those
discharged, by combination, solicitation,
physical or moral intimidation, or coer
cion, and equally enjoin and prevent all
acts on the part of the employer which
shall operate to prevent the laborers frou
obtaining employment elsewhere in the