The record-union., 1898-06-18
THE ARBITRATION LAW.

of disputes between railway employees
and employers is now a national law.
1t relates only to interstate carriers, of
course. It is said of it that it is a
law to protect the rights of labor in
railway employment, and at the same
time to sustain the rights of railway
employers Carroll D. Wright says of
it that it is a law that will allow set
Element of issues to go on without
stagnating traffic, stopping commerce
or kindling anger on either side. We
hope it is all that is claimed for it, and
that its effect may be as benefcent as
its friends believe. We have, how
ever, very limited faith in any settle
mentl brought about under such laws.
There is a declaration that both wages
and regulations for the employees shall
be reasonable. But that is only of
moral influence. No law, we apprehend,
can establish and enforce schedules of
wages where individual Judgment must
be exercised as to who may be en-
ployed, for what purpose, and to what
extent AS no man can be compelled
to employ another, the whole wage
mattersnust be one of contract, agree
ment, bargain.
Thesnew lawsrecognizes railway labor
organizations. and gives them power in
case of arbitration to name an arbi-
traitor to represent the employees in the
organization or union. 1t gives them.
by their officers, the right to be heard
before receivers and courts controlling
railways under receivers as to wages
and regulations, and it prohibits re-
ceiwers of railways from reducing
wages without order of court after due
notice to the employees
1t is also provided that incorporated
unions Of employees shall provide in
their articles of Incorporation and laws
that member shall cease to be such
for using or instigating force or vio-
lence against persons or property dur
ing strikes. lockouts or boycotts, and
they are prohibited also from using any
means to prevent other workers from
seeking employment. In so far as re-
sorts to violence, threats and the like
weaken the usefulness of labor organ
fzations this provision is beneicent, and
Will greatly strengthen labor assoca-
tions. But there is no requirement that
all such shall organize as incorporated
bodies to secure recognition; at least,
from the synopsis of the law at hand,
no such Requirement is discovered.
When a controversy arises threaten
ing to interfere with traffic or business
on the lines, at the request of either
side, the Interstate Commerce Commits
sion shall open communication with
both sides, and at once seek to bring
about adjustments by conciliation and
mediation. IF these fail, then arbitra-
ton may be resorted to.
But the arbitration is not compul-
sorry. Nor in fact can there be any
such thing as compulsory arbitration
the terms are contradictory and arbi-
tration compelled is compulsion alone
with no element of arbitration in it.
Both sides, therefore, must be willing
to arbitrate the issue pending. Each
side is then to choose one person, and
these two the third member of the
board. If there is failure for forty
eight hours to select the third mem
Der, he is to be appointed by the Com
missioner Of Labor and the Chairman
Of the Interstate Commerce Commits
sion
Peuding arbitration, it Is unlawful to
disturb the status existing just prior
TO the dispute arising. In this we find
protection for the public which is not
party to the dispute. The award is to
be final and conclusive, and under the
law binding upon both parties, and
practically may be enforced as a court
judgment. In this respect it conforms
10 arbitration as recognized and pro-
vfoed for in all the State statutes, and
which has been the law from the be-
ginning Of statute-mal1ing in all CIV
ilized countries
If the ernploye Is dissatisfied with
the award, he shall not on that ac-
count quit the service of the employer
for' three months, without giving thirty
days notice. Employers in like man.
ner are prohibited from making dis
charges within the same period with
out giving similar notice in writing.
But this can have only moral force.
since other cause will always be found
to Justify evasion Of the law. But the
moral effect upon organizations of
either side viii be good, since it will
enable them to hold their membership
to performance under the law under
PENALTY Of being cut off from the ben
efits Of organization.
The Act may be productive of good !;
assuredly, its moral influence will be
great; and in that the hope for its
beneficence resides. But as legal or
compulsory method Of adjusting labor
issues, we cannot see that it possesses
much virtue. 1t is said that the law
as thesresult Of long study Of the whole
question by some of the best minds
Oh the country, representing both en-
ployes and employers, and the public
standing between the two. Let US,
therefore, hope that it will be pro-
ductive of good.
In the month of March, 1898, the
value Of merchandise carried between