The labor world. [volume] (Duluth, Minn.) 1896-current, 1911-09-09

sanlzat1on or trade union !: is :recOg-
longing to. such a ! body does q work
man secure standing in court. Tne5
Of being legally recognized is appar-.
future. perhaps in the eds distant future re-
lnere VIII be in this land a. court Of
permanent arbitration, TO which will
oe submitted controversies between
Wnlch the labor organizations will
stand with the same power and dig
rs n1ey Nth Nth y which IN the middle ages
tyrant and defended successfully the
rights Of the people. ma "a. - :, q
Defect In Erdman Act.
ca ues Erdmsa referred Is to the so
national congress, June 4, 1898, entit-
led: An act concerning carriers en-.
gagged In interstate commerce and
their employees: in substance as fol-
In the: preceding language, L do not
wish to be understood as in any way
minimizing the importance OF the laws
passed by many OF the states, provid-,
called Erdman law, applicable to in
terstate transportation. has been Of
untold value and benefit to the peo-
when disputes arise between employ.
er and employee in interstate trans
Rortat1on systems. tine president OF
the interstate Commission and the ma
tional commissioner. OF labor shall in
the first instance act as mediators be-
tween the parties. Mediation failing,
provision is made for a tribunal. Of
arbitration Of three members. one to
parties and the third by the arbitra-
tors 50 CHOSEN. BY the intelligent and
patriotic action Of the officials above
mentioned and the cooperation Of the
employees, serious strikes and lock-
outs have been prevented during the
existence Of this law. It is, however,
almost meutraltxed by one of the most
a afseGu19 ~ provisions eyer ineorpor-
ton OF the law provides that The
status existing Immediately prior to
me me dispute shall not be changed dur,
proceedings" Under this provision an
appeal can be taken from the award
Of the arbitrators to the circuit court
OF the United States and from that
court to the circuit court Of appeals,
holding the case in court for period
OF from two to four years during ali
OF which time, the schedules of wages,
and other industrial conditions exist
ing at the commencement Of the con-
troversy must be maintained and re-
sPected by the employee under peril
OF contempt of court. Under this pro-
vision the railroad company by simply
compel the employees to accept fora
period of several years the very con-
ditions and wages against which they
are contending. ~.
switchmen's union Of North Americas,
IN the great strike then pending, It
became necessary for me to examine
this law critically and both as law
yer 9e d ana citizen zen YES astounded
effect, Of this provision It has re-
suited, of course in employees gener-.
ally refusing to accept arbitration un-
DER the act, except where the employer
mas agreed to waive the right Of ap-.
peal and the consequent advantage
given the employer under the statute
Old Age Pensions. &" -,
aged, while comparatively new in this
country. is in most of the countries of
Europe past the experimental stage.
The present Liberal government OF
legislation of the same kind, has en-
acted Into law a measure providing
Tor pensions for the aged and the sys-
tenn in different forms exists in many
Representative Victor Berger of the
Milwaukee district of Wisconsin has
introduced into congress a bill which
is now pending and which in all prob
ant question. The subject is one of
great Importance to the patriot and
humanitarian and is worthy Of deep
SIAuy duu CdTt4ul CONSIDERATION. IL is
a singular fact that in caring for the
welfare of their superannuated fell
low. citizens, the. people Of the United
States Stat lar; are backward in comparison
gress cannot, be attributed entirely
to motives of financial economy. 1t is
due, 1t seems to me, chiefly to the err
roneous idea that pensions are charit-
Of pauperism on those who receive
them. The people of this country
gladly pension the veteran soldier Of
the Union army. the retired officers
tss sna the and 1e1sS Of Gnss ted
federal bench. There is not the
slightest faint Of mendicancy in these
payments. The tax payers of. the
pay their proportion towards pensions
for: policemen, firemen and teachers.
All of these pensions both federal and
state, are paid as q compensation for
in the. not very distant future when
the relation Of the individual and of
the state will be more thoroughly
comprehended than 1t is today, and
person born into citizenship is entit-
led to maintenance in old age, by the
very fact Of manhood and citizenship,
ee 81 sa x nEn a saa 9see re
Emloyers' Liability or Workmen's
.: Compensation. ~:
During the past decade the labor
organizations and labor leaders have
aroused the public mind to the neces-
sity of radical change in the laws
regulating the right of the employe to
recover for injuries received during
the course Of his employment. It is
difficult for the average man to get
out Of the rut in which he has been
placed by the circumstances of his
environment. Most men keep on
thinking and doing the same as their
ancestors thought and did. Most men
also have a superstitious reverence for
the principles Of law to which they
nave grown accustomed. 1t is some
what startling to realize that two Of
the principle doctrines Of the law
OF negligence, namely the assumption
OF risk by the employee and his as.
sumption of the negligence Of CO.
dence Of Great Britain and the United
States. Both OF these principles are
.judge-made law" and were enacted
by Judges aon the bench and not by
Legislatures representing the people: i
assumption OF risk by the employee
was first laid down. There is no
special reason why the employees
should be compelled to assume the Or