New-York tribune., 1902-12-26
COURTS OF INDUSIRI4L ARBIIR
4rgument for Their Establishment THIS Country Based on
Success in

To the Editor OF The Tribune
Sir: As Mr.. Charles Francis Adams has taken
pains in his address before the Civic Federation
to try and prove the impracticabiltty or COM
pulsory arbitration In industrial disputes,
would crave some space in your columns Tor
few statements in advocacy of this very system
the honorable gentleman finds so inadequate
First and foremost l may state that the state
of Pennsylvania seven years ago passed a law
requiring a Common Pleas Judge to appoint ar
bitrators on the application OF either party ID
a labor controversy; but. unfortunately. II gave
10 power to such arbitrators TO compel attend
ance of witnesses the production OF DOCKS
and papers Such a travesty Of statute was
ridiculous to contemplate, and, or course 'heie
were no good results from II.
But how different the case IN faraWay
Australia, Curious 10 relate, almost on the
very day on which the anthracite coal miners
of America were called upon to cease work ana
practically-though not, of course, nonllhahS
! to appeal to force for the vindicaton OF wha'
they considered their rights, another body OF
miners, some ten thousand miles away were
bringing their alleged grievances for the hrs'
time before q duI- constituted court or equity
charged in the ins .ests of society with the duty
of seeing substantial. Justice done between Work
ers and operators The newly constituted court
State of the Australian Commonwealth was
holding it's first session. and one of It's earliest
cases embraced questions to hours OF LABOR
and remuneration of miners in the New South
Wales coal fields, which to-day supply not only
all Australia, but also all the best coal to be
found in the ports Of our Western States
The coal mining industry of New South Wales
is to-day more important to the prosperity or
the four millions of Australian citizens than the
coal mines of Pennsylvania are to the seventy
six millions of American citizens. The miners
form larger proportion of the population OF the
Australian Federation by far than the anthra-
cite miners do of that of America They are, on
the whole far better educated and more IN
telligent body OF men, and their political IN
huence and power ere enormously greater than
those or the anthracite coal miners: and yet or
their own deliberate choice, they have brought
their grievances to the newly formed court for
settlement.
The court to which these thousands OF men
are bringing their case is one il which they
have confidence, because II represents them
selves and the other party to the dispute equally
Three Of its judges have just been elected by
their own votes and those Of other registered
unions of workers, and two of them have actual
lv been working miners Three other judges
were elected only two months ago by the
votes of the registered associations of labor en-
ployers each one of them being a well known
man OF large experience as an employer oi la
Dor, one being an engineer, one coach anu
carriage builder and the third a leather manu-
facturer The president OF the court is selected
by the government and is a highly esteemed
judge of the Supreme Court Of the State.
The court possesses and has exercised the
power OF bringing the mine owners OF the ui9
trict before 1t on the complaint of miners
l,y,e exactly other court
of equity would have done. and II has enJolneo
the owners against shutting down the mines OF
dismissing any OF the miners concerned IN the ao
ton until the shall have been heard anu oe-
cided. The court has power to summon ana eo'li-
pei che attendance of witnesses as well as the
production of all books of account 1t may consio-
er necessary to enable It to arrive at the true
state of affairs and its decision when gwen VIII
not be subject to appeal 10 any other court
whatever. except Of course, Ike all otner courts
the tribunal OF public opinion.
Had such a court been in existence the o'her
dav I'm Pennsylvania when the coal miners de-
sired TO refer the questions at issue between
themselves and the operators 10 arbitration
there would have been no temptation 10 declare
a strike, for arbitration would have peen reaoy
IN their hand whether the operators wished for
It or not An appeal to the court wonld nave
saved the sudden stoppage of the work OF I4o'-
600 men the f1eld, ana lne "lioIlS iLS"iSala
bile disturbance of industry far and wide
throughout tho country.
What the decision of the Australian court
NAV be on the questions referred to 1t we have
no means of knowing yet, but at least. It's
Judgment will be arrived at after hearing al
the evidence which each party cares to pro-
duce as well any other evidence which the
court itself thinks likely to assist 1t to fair
decision The evidence will all be before the
public as well as before the court, and the COM
munity q. large will be able TO form an opinion
almost as we'll the judges themselves or the
fairness of the decision arrived at.
It may be said that the decision OF the Aus
traiian court may be wrong; that It may unduly
favor the workers, to the injury of the owners,
or the owners, to the oppression of the workers
1t is possible that it may do SO; but all the
proba bilities are the other way. There is
full knowledge of the facts to assist it. there is
absence of personal interest on one side or other
to guarantee It; there is the light Of full pub
! iicity to safeguard it.
The reply to all this be easily foreseen.
1t will be said that 1t is ridiculous to talk OF
the advantages Of a system which is only just
vbnDrppTTT u0TnS IMPROVEMENT