The labor world. [volume] (Duluth, Minn.) 1896-current, 1903-05-09

Board proposed to take a hand in the
business. This it proceeded to do.
An immediate investigation was noti-
| fed. Both parties appeared-for, with
out confessing itself in the wrong,
neither party could we'll help so doing
and protested a perfect willingness
to submit their cases. No suggestion
of a readiness to abide by any deci-
sion that might be given thereon was
either asked for or given; but the
| Board proceeded to hear witnesses and
to elicit the facts. The inquiry was
continued through three days, and, on
the twenty first Of February, the report
Of the Board was made public, appear
ing in full in all the newspapers Of that
| date. In it the Commissioners, after
carefully and judicially sitting out the
essential facts from the evidence SUBJ
mitted, placed the responsibility for
the trouble where the weight Of evil
dence showed it belonged, and there
upon proceeded to make such recon-
mendations as in its judgment the ext
gencies called for. The effect was i'm
| mediate. An authentic record was be-
fore the community, and public opin-
ion, crystallizing, made itself decisively
| felt.
It is not necessary to enter further
into the history and merits-the rights
and the Wrongs-of that particular
struggle. My object is merely to call
attention to what was then done, and
done successfully, as constituting the
nearest practical approach consistent
with our American political and social
system to what is known as "Compul-
| sorry Arbitration" It was compulsory
inquiry only, and an appeal thereon to
| the reason and sense Of right of all
! concerned. Reliance was placed in an
enlightened sense of right Of all con-
| cerned, and an informed public opin-
ion.
Here then is a system. Under 1t
public tribunal is provided; that tri-
bunal takes official cognizance of what
is notorious; and, when either the
peace or the business Of the community
sustains prejudice or is gravely jeo-
pardized, it becomes it's duty to inter-
vene. 1t intervenes only for the pur-
pose of obtaining the information nee
essary to enable it to form a clear.
judicial opinion. It then sets the facts
before the community, and makes it's
recommendation. It locates RESPONSE
bility. There it stops; for it can COM
pei obedience on neither side.
Now, let us apply this proposed sys-
tenn to the conditions which, for the
last eight months, have existed in the
anthracite coal regions. Let us assume
that provision by law existed under
which the Executive, either national
or state, was empowered and directed
to appoint such d board pro hac vice,
calling it into existence to meet a sud-
den emergency. The chances, I SUBJ
NIT, are at least nine out of ten that,
if such a machinery had existed, and
had been judiciously employed either
by the Governor Of Pennsylvania or the
President of the United States, prac-
tical solution Of the difficulty which for
the last eight months has harassed the
country would have been reached. The
community began to sustain grave pre-
JUDGE at an early stage Of the troubles.
The resulting injury became more and
more fragrant as the weeks passed by.
The continuance Of such conditions not
only was injurious to private interests,
but, as we all know, the public peace
itself was involved. Under such cir
cumstances, experience shows that
neither party will, for obvious reasons
voluntarily call upon board or COM
|
is tantamount to a. confession of weak
ness Both will look at it askance. 1t
must rest, therefore, in the discretion
of the Executive to decide whether a
case has arisen which calls for public
initiative; the public being a third
party to the controversy. That it is
such, it is impossible to deny. 1t there
fore has rights and interests stand
ing in court It having been decided
in the exercise Of a sound discretion
/, that circumstances call for this third
party to act, the Executive gives notice
to all concerned that, at the proper time
and place, it is proposed to enter upon
an investigation. If both parties see
fit then to appear and submit evidence
as to the facts, that evidence becomes
l public property. If one party appears
> the other absents itself at its peril
Should neither party appear, producing
l authentic documents and putting in a
case, the Board would proceed to en-
tighten itself through all other Access
1 sible means. In behalf of the thir6
= party to the controversy, of which II
: Is the representative, it should be en-
' powered to summon witnesses, and tt
l enforce the production of documents
: Having completed it's investigation, il
1 would then make it's recommendations
e definitely, and, If it knows it's business
l concisely, locating responsibility where
!, the evidence shows it belongs. A prac.
e teal solution of the trouble, such as
4 would naturally commend itself to thu
; judgment of an unprecedented tribunal
n would be pointed out, A solution o.
that sort always exists. This repor
e would be transmitted to the appoint.
ing power, wether President or Cover,
$ nor. BY him it would then be com.
nunicated to the parties in interest
!. including the public; and, in due time
e submitted to Congress, or the Stat,
F." Legislature, always with such enforc
e ing or qualifying recommendations a!
d might commend themselves to execu
:, tive judgment. The report so mad,
e would carry with the public and will
e the parties concerned exactly tina
Y degree Of weight it's judicial characte
$ and reasoning might impart to it-that
Y and nothing more. It could not be en-