Omaha daily bee., 1903-06-11
rs IT coon LEGAL AUTHoRITri
Report of the Coal strike Commission
and the omaha Courts.

and the omaha Courts.
Louisville Courier-Journal.
Judge Dickinson OF Omaha. in granting
an Injunction against picketing, said that
the chief authority by which he was moved
to grant the temporary order was the re-
port of the Anthracite Coal Strike com
mission, which was made by a number Of
persons from different walks OF life, in
cluding members of labor organizations.
1t is an extraordinary thing that the
report Of the strike commission should be
cited as authority for the action OF a Judge
on the bench In a matter where the letter
Of the law was the sole guide upon which
he was entitled to reply. The coal strike
commission had no legal authority what
ever back of II. In no sense was II legal
tribunal. Its members may be regarded
as arbitrators, but they had no authority
to enforce their award. The finding Of
arbitrators may often be enforced in the
courts, but in the anthracite case the de-
cision was Of such a nature that It could
not be enforced by legal process. The OBJ
jeot OF the appointment of the commission
was the resumption Of work in the mines,
and both sides of the controversy agreed
to be bound by the decision. The men
went to work before the decision was rem
dered but there was no way to compel
them to remain at work after the decision
was given II they had chosen not to do So
The president admitted that he had no
shadow Of authority to appoint this COM
mission. and did not do 80 until he was
satisfied that a settlement would be popu-
lar. Even then he assumed to act simply
as an individual. Subsequently congress
undertook to pay the arbitrator as though
they had been appointed by the president
in his official capacity, but this did not
give an authority Of law to the transaction.
1t had no more legal validity than the de-
oision OF a country debating society.
The reasonableness Of the decision OF the
strike commission is, of course, another
question. Insofar as the views expressed
commend themselves to reason and COM
mon sense, to the sentiment of fair play.
to a conception of right and justice. they
may we'll be accepted by all concerned.
But that is q very different matter from
giving them authority as an adjudged case.
The distinction often made between moral
and positive law is that the requirements
Of the former are commanded because they
are right. while those of the latter are
right because they are commanded. This
is very nearly coinoident with the legal
distinction between mala in SO and mala
others wrong because they are prohibited.
So an authority in legal sense is an ad-
judged case. which is binding whether the
reasoning by which 1t is supported is salts
factory or not It has the effect OF posi-
tive law. Such an authority can only be
furnished by a competent tribunal when
deciding an actual controversy OF which II
has Jurisdiction The anthracite strike
commission had no Jurisdiction Of the ques-
tions submitted to 1t. was In no sense a
legal tribunal, and therefore incapable Of
settling any question OF law. That its de-
cision should be gravely cited by a Judge
in a case involving only legal technicali-
ties is a striking illustration Of the dangers
incident to a resort to expedients outside
the law for the settlement of controversies.
The strike commission was composed of
eminent gentlemen, not all Of them learned
in the law, and 1t rendered a real service
to the public that was suffering from the
strike, but its views are In no sense a
guide for legal tribunals in the discharge
OF the duty incumbent on them to inter-
pret the law as they find It written in
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