Kansas agitator. [volume] (Garnett, Kan.) 1890-1905, 1899-09-01
Compulsory Arbitration.

The great strike of street railway
employees in Brooklyn, and similar
strikes in Cleveland and elsewhere,
have again made prominent the old
question:: How can the occurrence of
such disastrous industrial battles be
averted? 1t is clear that the remedy
must be such as to render them unnec-
essary, by offering a method of equita-
bly, adjusting differences in peaceable
manner. Measures looking to moth
ing but suppression of expression Of
discomfort would be manifestly absurd,
and so hostile to ideas now governing
as to be incapable of enforcement. Just
now, in New York, compulsory arbi-
tration' has the favor of many labor
leaders, corporation lawyers, promi-
nent social economists and leading ed
itors. Compulsory arbitration" may
to assent OF your free will"; and in
strictness the term carries a contradic-
ton with it. But the New York idea
is more reasonable than that. 1t would
make compulsory arbitration" apply
only to corporations enjoying public
franchises, on the ground that since
the public gives them much, they in re-
turn should and Of right ought to sub
NIT to outside interference in their af-
fairs in the interests Of the community
at large, for whose accommodation
their business is presumed to be con-
Quoted. So far there is nothing new in
all this. When a strike is on, arbitra-
ton is discussed. But note a varia-
tion from the old-fashioned, non-ef-
fective kind Of discussion that Is en-
couraging, and promises substantial re-
suits. A leading newspaper Of New
York has retained several lawyers Of
great ability to consider and draft a
bill prescribing such compulsory arbi-
tration, and announces that the matter
will be made an issue in the next cleo
tion of state legislators. And the bill
is not to be of the usual labor kind,
designed solely to say that particu-
lar grievance shall no longer exist.
Fundamental principles and existing
conditions are to be recognized. AS a
gentleman concerned in its framing
writes: 1.-THE bill needs to be and will
be drawn with the greatest care. The
common law and court decisions are
in their general trend, If not opposed.
at least along different lines from the
principle advocated. The laws of the
past are based upon fundamental idea
which modern civilization has out
grown. The idea can be seen in the
general title under which such topics
are considered in the laws. That title
is master and servant Labor through
these laws, is generally looked upon as
a commodity. The old economists
treated labor and wages as merely C
question of supply and demand. a
mans work was regarded as worth
what it could fetch. The whole theory
OF modern sentiment and practice,
however, has tended toward a higher
view of the wage-earner considered as
a man, a unit of the state, upon whose
welfare and happiness the welfare and
stability of the state depend. There
is nothing in the constitution of New
York state which directly prohibits
such reform as compulsory arbitra-
ton. technical objection likely to
be raised is the point that the consti-
tuition, already having provided ju
dietary, prohibits. by implication, the
creation of another body with powers
and duties analogous to those Of the
courts. This contention presents merely
rock in the channel which can be
avoided by the enacting body"