The sun., 1902-02-11

In the labor interest 70 which the attenuou
SsieSed eSe PeSp that the aggregate mem
bership of labor organizations In the United
States at the present time IL nearly 500 900.
The tendency toward unified control OF
capital and business has only intensified.
without essentially changing, the disad-
vantages Of the wage worker In his deal
ings with employers. Even when the
number OF employers Is considerable, the
number Of workmen Is far greater.
IF the principle OF limited compulsory
arbitration be approved, IL would appar-
emily be wise for the United States Gov
ernment 10 enact legislation on this sub
ject to apply to interstate carriers. A
national board Of arbitration could be
constituted the authority OF ultimate APP
peal In the case OF disputes between en-
ployers and employees engaged in inter-
state transportation,
The Department OF Labor has endeav-
ored to compile figures showing the losses
OF employers and employees as result
OF strikes and lockouts. According TO
these statistics the aggregate loss to em-
ployees In wages. az the result OF labor dis
putes from 1881 to 1900, inclusive. was $780,
8s3. .22S, or a little over 1900 900 yearly.
| The loss TO employers during the same per-
| iod Is stated at si42 $50 ,i0a. or rather less
than one-half OF the amount lost by strik-
| ers. Tho aggregate losses thus amount
TO nearly 460.0oo,Ooo, or an average of
| about S22 10000 yearly
1T may be concluded that the general
| policy OF striking, as last resort, is econo-
| lnically justified, and that the advantages
| secured through strikes by the working
| classes are on the whole, greater than
| the Losses which they suffer, or which are
| inflicted upon employers and the general
| community This 10y no means Implies
that every strike is economically or morally
| Just ifiable.
If the cause Of strikes is just one.
| II seems legitimate for them 20 try TO per-
suade the public Of that fact and for the
| public at will 10 withhold its patronage.
| When, however. workingnen threaten
refusal of patronage to those who patroniZe
| the employer, thus endeavorng To force
| them not TO do "a thing which they have
| a legal right 10 do, the act seems not only
| unlawful. but economically and morally un-
| justifable. As matter OF fact. the cause
OF workingrnen is undoubtedly injured
much more than II Is benefited by attempts
| TO compel others against their will to help
| in their disputes, A large proportion
| OF the community objects 10 such coercive
measures, and will be more apt to take sides
against the workingmen where they are
| resorted TO
| .The most severe criticism brought
against the modern use Of the injunction
In labor disputes is that by this means
| citizens are deprived Of their Constitutional
right Of trial by jury as regards criminal
| acts. A large ma jority OF injunctions
In labor disputes have prohibited acts
which. according 10 common or statute
| law, are - TfpiV 10 tDt CTltiClsfn
Ia made on the ground that modern con-
| ditions call for new remedies, particularly
| as regards labor disputes connected with
| interstate carriers: and that the Antitrust
act OF 1890 grants specific authority for
| injunctions against combinations in re-
| straint of interstate commerce.
1T Is undoubtedly desirable that this
extraordinary process OF injunction should
| be employed with greater conservatism
than has been the case during the past
ha nnfG Of
/ strikers against which injunotions are
usually directed may be condemned. this
Is, in many cases scarceiy proper method
of checking them.
are the following;
The commission are Of opinion that
simple statute ought TO be enacted by all
the States TO regulate the length OF the
working day for young persons In factories
(neaning by young persons those be-
tween the age Of majority and IA: and in
view OF the entire absence Of protection
now accorded by the laws Of many States
to children OF tender years we think that
the employment Of children in factories
age Of H. should be prohibited.
Under the Interstate commerce power
Congress might well enact that no person
under IS should be employed as telegraph
operator upon railroads. following the
Colorado and Georgia statutes, and that
all engineers and switohmen should sub
NIT to an examination for color-blindness:
also that Il be made a misdemeanor for an
engineer or switchman TO be intoxicated
while on duty
"A simple and liberal law regulating the
payment Of labor should be adopted in all
the States. providing that laborers shall be
paid, for all labor performed, In cash or
cash orders, without discount.
Provisions for the fair weighing Of coal
at mines before passing over a screen or
other device, In order that the miner NAV
be compensated for all GOAL having market
value, should bs adopted: and the miners
should have the privilege of employing
check weighmsn al their own expense.
The question OF the enforcement OF
the labor contract by injunction or con-
tempt in equity process IL a very difficult
one, mainly 80 made by the abuses which
have arisen from iDjunctions careleesly
issued by learned Judges or by the un-
learned Judges Of inferior courts in States
which confuse chancery and common
law jurisdiction, The injunction il high |
prerogative writ, and should be awarded |
only after the most careful examination |
by tribunal thoroughly competent. !
Wherever possible, and wherever the |
transaction complained Of 10 a simple GRIM |
inal offence. it should be left to the juris- !
diction of the local criminal courts, aided, |
If necessary by the police or military |
authorities; but when the case is one which !
is properly a subject Of equity jurisdiction. !
and where issuance OF an injunction is I
really necessary to prevent irrepsrable |
loss or wrong, IL seems 10 be going too !
far to say that no contempt Of the injunc- |
tion shall be punished without all the de- |
lays and safeguards Of an ordinary jury !
trial. II might be well TO limit punish |
ment for contempt 20 Imprisonment for a !
brief period, but equity courts must not !
be deprived Of the power 10 protect them |
selves and make their DEGREES respected. !
There should lie no unnecessary departure /
from the time-honored principle that the |
contract of personal service cannot be |
specifically enforced, because to do so
entails a condition Of practical slavery"
On the subject Of railway labor, which |
10 undoubtedly covered by the Jnterstates !
powers OF Congress, the commission Us |
Of opinion that Congress should adopt a |
consistent code Of law regulating all matters |
concerning employment In that industry. |
The use OF private police detectives, |
or other armed bodies OF hired men, gen
orally imported from one State 70 another,
TO rcpel strike or defend property. or
newly engaged employees, in times OF |
labor trouble, has aroused the anxious |
attention OF many State Legislatures, some |
of which have gone 10 the length Of passing |
laws Of doubtful constitutionalty for
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