The labor world. [volume] (Duluth, Minn.) 1896-current, 1901-11-02

ton. Of cost and Of marketing entirely
at variance with the conditions existing
In New Zealand. ,ss II d
- The Employers of New Zealand have
been quite content to accept the de-
crees Of the court In q majority Of in
stances where compulsory arbitration
has been applied. The labor organiza-
ton, on their part. have been quite as
content. This is because Of the pecu-
liar conditions existing. II
But compulsory arbitration has not
yet been tested in New Zealand. The
test will come when one of the parties
declines for economic reasons to abide
by the. decision Of the Court Of Arbitra-
tiop
The experience Of New Zealand.
therefore, ought to have little or no
weight in influencing parties in the
United States to advocate the applica-
ton of the principles of compulsory
arbitration, the underlying feature OF
which, as under any compulsory method
is and must be that which underlies an
action Of law
The antagonism which nearly always
arise between the parties engaged In a
suit at law are sufficient at the outset
to dampen the ardor of those who be-
lieve in compulsory arbitration in in
dustrial matters.
In an ordinary suit, either of tort or
Of contract, the aggrieved party may
summon the defendant into court. The
issue is clearly defined by the declara-
ton and the answer, and the court has
specific point or number of specific
points on which to base a decision.
In an industrial contest the aggriev-
ed party may state his demands, and
the respondent reply, setting up his own
view of <the grievances advanced by
the petitioner. The court, instead of
having a. clearly defined issue in the
contest, must make investigations to
ascertain which Of the parties is in the
right, and in nearly every case the re-
suit must be a compromise not fully
satisfactory to either party, or else an
arbitrary decree based on the demands
Of the complainant on the one hand
or the position Of the respondent on the
other.
Such a. course would inevitably have
the same effect Of ordinary suits at law
An increased irritation and a lasting
antagonism-andin instead Of resulting in
bringing employer and employee nearer
together as time goes on would drive
them further apart and make all efforts
at ethical Cancellation and consideration
even more and more difficult.
The matters referred to above. how
ever, are elementary. The chief diff
Guilty with compulsory arbitration re-
lates to production and the means by
which trade is increaed.' For instance,
the employees of a large concern, under
the processes Of compulsory arbitration,
summon their employer into court on
demand for an Increased rate Of
wages. The court, after investigating
the wholse subject, enters a decree in
| favor of the petitioners. The decree Of
a court can be executed by the officers
Of the court If they are able; if not, by
an increased force, even to the extent Of
the employment Of. the military arm
Of government. Thus the employer
would be compelled either to pay the
| increased rate when economic condi-
tons would not permit or to sacrifice
his business, thus throwing the petit
tioning employees out of work. .aS:s 2: - 80.
! On the other hand, suppose the decree
was in favor Of the employer. It could
be executed with all the force and pow
er of the state, the same az in the 9TH
er instance. Then the employees would
be obliged to accept the rate Of wages
! decided by the decree Of the court or
| take the consequences. These conse-
quences would be defined by the law in
the shape Of penalties.
One can easily see how under some
| conditions the results might be dis
astrous not only to the men themselves
but to the establishment involved. In
the last analysis, for economic reasons,
| production would be reduced, or at
least greatly retarded. and concerns
| would have to go out Of business, or
| else adulterate goods or resort to
| various other fraudulent practices in
| order to continue in business in ac-
cordance with the courts orders. The
| results might be still more far-reaching
| and necessitate not only what we now
know in popular parlance as the "trust'
| but the assumption by the government
Of productive industry itself.
Taking another view of compulsory
| arbitration, it would seem that it must
| inevitably result in the destruction Of
| trades unions. In order to meet all the
elements involved in any compulsory
method the unions would have to be in
| corporated or registered, or In some
| way constituted persons in the eye Of
| of the law, that they could sue and be
! sued.
A union, a party to a. suit in COM
pulsory court, must be able to sustain
| the penalty involved for a violation Of
! the decree, either in damages, which
must be met by a money payment or
in the loss of its charter.
It Is this particular condition which
makes nearly all labor organizations in
this country. especially those represent
ed in the American Fedora tiOn nf tn