The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-09-24
SUBSCRIPTION TERMS
Prof. Clark's Arbitration Plan.

The papers on arbitration presented yes
+e,d.v before the national convention of
employer and employee were all interest
ing and enough in contrast to provoke
thought and beneficial discussion Herman
Justi of Chicago pictured arbitration as
sort of evil to be resorted to In the last
resort, when it becomes choice between
evils. Frederick w. Job, chairman OF the
Illinois state board of arbitration, brougnt
ont in strong relief the comparative ease
with which many disputes are settled Dy
cancellation when employers and employees
meet in a mutual "get together" spirit be-
fore relations have been actually broken
off. Professor John Bates Clark Of Col
umbia university discussed arbitration
from the standpoint Of a man who believes
it to be inevitable.
Professor Clark was the only one to pro-
pose a definite plan of state arbitration.
! He is not satisfied to wait for better capl-
tai and labor relations until the world is
peopled with better men. While it is true
that the perfect relation between employ
ers and employees will not exist until both
are perfect men, it ought to be within the
grasp Of the intelligence Of this age and
its power Of controlling the members OF
society to repress those concrete evidences
of bad relations which are SO disturbing
to society at large as we'll as injurious to
those Immediately concerned. Professor
Clark endeavors to meet this need by
proposing something well in accord with
the natural evolution Of the relations OF
labor and capital, something that he
thinks requires only reduction to forms OF
living law to spare us some of the disas-
tiers which continually menace us at pres
ent
He bases his suggestion on the idea that
has become pretty firmly entrenched, that
the faithful workman has a right to hold
his place. Employers continually recog-
nize this right. Even after violent strikes
they usually give the preference to old
men. The men now endeavor to assert it
by keeping others from taking the places
they have temporarily abandoned. Pro-
fessor Clark would have compulsory arbi-
tration only to the extent of legalizing this
tenure Of place idea. He would have the
state say to the striker in the event Of an
arbitrated dispute: "Such wage is fair
and the law will enforce your right to
your place. If you are not satisfied with
this conclusion you still have first choice
of the place. If you decline it the law will
effectually protect him who takes it,
Such strikes as those Of the coal mines
are driving public opinion in this country
to the conclusion that there must be some
sort Of compulsory arbitration for extreme
cases. Professor Clark is right in saying
that the present condition is a form OF
semi-anarchy. That being the case, the
taking of steps to improve conditions
merely calls for an exercise of the primal
function of government, viz, to protect
the citizen and the nation. There is moth
Ing dangerously novel in such an under
taking. New industrial conditions have
brought with them new and formidable
menace to millions Of employees and the
people at large. If old laws, designed
for simpler state Of society do not ade-
quately protect the individual, new ones
we must have.