The labor world. [volume] (Duluth, Minn.) 1896-current, 1900-12-29
= The clerk of the circuit court shall
record the papers delivered to him as

- line CLERK of the circuit court shall
record the papers delivered to him as
directed in the last preceding sectior,;s
in the order book of the, circuit court.
ANY person who was a party to the ar
filtration proceedings may present to
the circuit court of the county in which
the hearing was had: or the judge
thereof, in. vacation, a verified petition
referring to the proceedings nd the re- 1
cord of them in the order book and
showing that said award has not been
complied with, stating by whom and
In what respect it has been disObeyed..
And, thereupon, the. court or judge
thereof, in vacation, shall grant rule
against the party or parties so charged,
to show cause within five days why
said award has not been obeyed, which
shall be served by the sheriff as other
process. Upon return made to the rule
the judge, or court if in session, shall
hear and determine the questions pre-
sented and make such order or orders
directed to the parties before him in
personam, as. shall give just effect to
the award. Disobedience by any party
to such proceedings to any order so
made, shall be deemed a contempt of
court and may be punished according
ly. But such punishment shall not ex-
tend to imprisonment except in case of /
Willful and contumacious disobedience.
In all proceedings under this section
the award shall be regarded as pre-
sumptively binding upon the employer
and all employees who were parties to
the controversy submitted to arbitra-
tion, which presumption shall be over
come only by proof of dissent from the
or one of them, in writing before the
commencement Of the hearing"
1t will be observed that this may be
called voluntary arbitration" because
it is voluntarily entered into. The
parties agree from the very beginning,
that if they for some reason sufficient
to themselves, should decline to abide
by and perform the award, they are
willing that the judge alone, without
any jury and without any limit as to
time, may send them to prison until
they had consent to perform the labor
which the award enjoins upon them.
The thought underlying this law. is
that the Individual may ALLEVIATE his
destructive of the fundamental prin-
ciple of the Republic Of the United
States. 1t is equally dangerous with
the New Zealand law, the Hungarian
statute, or the proposed law of Ger
many, because it aims at tying the
worker to the mine, the factory, or the
means of transportation upon which
he works, in the same way in which
the agricultural worker, during the
ifeudal era, was tied to the SOIL We are
not singing out the Indiana, law as
different from all the rest, or as worse
than the rest-We quote it simply be-
cause it. is before, us. t5IsI4gs
ss Paragraph 5a, Of the Illinois laW,s
slss In the event OF q failure to abide
by the decision of said board in any
case in which both employer and ems
tion, and person or persons aggrieved
thereby may file with the clerk Of the
county court or the circuit court Of the
county in which the offending party
resides or in the case of an employer
in the county in which the place Of en-
ployment is located, a duly authentic
ated copy Of such decision, accompanied
by verified petition reciting the fact
that such decision has not been COM
piled with and stating by whom and in
what respect it has been disregarded.
Thereupon, the circuit court, as. the
case may be, or the judge thereof, If in
vacation, shall grant rule against the
party or parties so charged to show
cause within ten days why such deci-
sion has not been complied with which
shall be served by the sheriff as other
process. Upon return made to the rule
the court or the judge thereof If in va
cation shall hear and determine. the
questions presented and to secure :. a
compliance with such decision may
for contempt but such punishment
shall in no case extend to imprison-
ment' -"
\ The difference between this section
aud the one quoted from the law of In
:di; ma, aside from the final proviso, the
val We of which is doubtful, is in ver-
biae e only; any. further comment is
there fore unnecessary.
c>@ We are informed. that the manufac-
turers' association Of the south meeting
during \the last year decided to submit
to the legislature of each of the South
ern stat es a law providing for term con
tracts the violation Of which would be
punished las felony, and that they did
this withA the specific purpose of pre-
venting :,tr. likes and of inviting North
ern capital When their; attention was
called toi the. fact that they were as yet
not .:"bothere.d" by labor organizations
they are said: to have answered That's
true; and THAT'S just the reason why
we decided to take steps to prevent the
formation of any and to stop strikes in
the mos t effective manner" --.-.
p; All II 1ese laws are :re-actionary In
their character. They mean simply
that th@ employers Of today find them
selves In somewhat similar position
to. the: mployers of kngland after the
BLACK Death."- The. King issued q
proclaim alton at that tim e that any one
who wot Nd refuse to con, inue to work
for the wages usually pai1A in a speci'
fled year of the Kings reign>' would, b,
the state4 be compelled to lab pr at sucf
wages eeardless of any wishe g that n
or she might have. The Engl. \shs par
liamen, It later enacted this unto "a sta
trte X nOwnt as the ssStat,,ta nf Tabor