The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-22
The Democratic Candidate for Cow


The Hon. d. CADY HERR1cK of Albany
county has been known for years to the
people of the State as practical poll
tician of considerable ability and jurist
Of respectable attainments. If we men,
ton his political activity ahead of his
judicial service, it is because Mr.. HER
RICK has been criticised severely. and we
fear justly, for attempting to be useful
in the two fields at the same time; and
many historians would think of him first
in his relation to the caucus.
1t is especially interesting this morn
ing to recall the circumstance that JUS
tice HERRIcK has figured prominently in
yet third capacity, namely, that OF a
reformer OF the laws of this State with
reference to strikes and other disputes
between employers and employed. With
the exception of Governor PEABODY of
Colorado, there is no candidate now run
ming for Office in either party on any
ticket State or national who has pre-
sented for the consideration Of the
thoughtful so definite plan for the set
Element of what are styled labor troubles
as that which Justice HERRICK formu-
lated nearly two years ago when he pro-
posed the establishment of a new Court
Of Compulsory Arbitration, and drafted
a Constitutional amendment to lay the
foundations for such court. These are
the provisions which Justice HERRIcK
proposed to add to Article vi. of the
State Constitution.
The Legislature may establish court to be
known as the Court of Arbitration to hear and
determine differences and controversies between
employers and employees, with power to enforce
Its decisions and DEGREES by order decree other
wise. and 10 punish for dsobedionce OF such orders
or DEGREES. and with such other powers to enforce
Its ORDERS DEGREES and decisions as may be pro-
vided by law. The court created shall be com
posed Of a presiding Judge and not moro than six
Associate Judges: the presiding Judge and four
Associate Judges shall be designated and appointed
by the Chief Justice Of the Court OF Appeals from
former members OF tho Court of Appeals and OF the
Supreme Court and Justices of the Supreme Court
who have served such Justices at least fourteen
years.
Such designations to be made within ten days
after the passage OF the law establishing such
court and every year thereafter between the LIST
and 18th of January. After the f,rst designation
the persons designated shall hold once for the
term OF year and until the determination OF any
controversy pending before such court
The remaining two members Of said court
shall be selected In the manner and for the length
of term to be designated by law.
The members OF said court, other than Justices
OF the Supreme Court then In once. shall receive
. yearly compensation. TO be nIed by law.
The Legislature shall determine by law when
and under what circumstances and over what class
Of differences and controversies between employ
ers and employees the said court shall have and
entertain Jurisdiction nothing therein herein
contained. however. TO limit the Jurisdiction OF
existing courts
Such court shall have power TO establish rulcs
OF procedure and to appoint such ofT,cers and at
PENDANTS as may be provided for by law"
1t will be seen that the only difficult
point untouched by Judge HERRICK's
amendment concerns the methods by
which the DEGREES of the Court of Arbi-
tration should be enforced upon the
respective parties to the labor contro-
versy heard and decided by it. Those
methods he proposed to leave to the
Legislature, although it would appear
that he had reached some conclusion in
his own mind, for he frankly said:
1t does not seem 10 be prudent at this time TO
submit any detailed statement as to how the scheme.
should he worked out or The manner In which the
DEGREES OF the could be enforced lest the DIFF
ferences OF opinion upon details might defeat the
whole project. Let the State be put In a
position so that we may. " we so elect, create q
tribunal for the purpose desired; the Legislature
can be trusted TO work out the necessary details
and perfect them from time to time. as experience
shows II 10 be necessary"
Justice HERRIcK' s project and his pro-
posed Constitutional amendment derive
new importance by the harmonious
action of the Democrats at Saratoga
yesterday. II elected he will be in q
position to impress his views most effeo-