White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1913-08-24

to submit the matter 10 arbitration
by a board chosen as. provided in the
Newlands act.
Only within a comparatively recent
period. has the United States govern
ment formally recognized the fact
that in all these controversies there
is a third party to be considered, the
great body of the public. They are
interested not only in seeing that
justice is done between employer and
employee, but also that public in
terests and convenience are not dis
turbeG.
While II is thought by the legal
profession that under the federal
constitution it is not possible for
congress to enact a law compelling
arbitration, yet congress has gone as
far in that direction as it can with
out passing a compulsory arbitration
act. Congress assumes. and properly
exercises, its function with regard to
railroad employees under the very
broad terms of the federal constitu-
ton comforting power upon on
gress to regulate mme among
the states.
In 1898 an arbitration act, known
as the Frdman act, was passed by
congress. providing for the voluntary
submission TO arbitration of any con-
~troyersy between railroad carriers
and their employees, concerning
wages, hours or labor, or conditions
of employment. the arbitration was
10 be had before a board of three
members. one appointed by the en-
ployes, one by the employer, and the
third by the Two first appointees. In
the event OF the failure to appoint
the third, the chairman of the inter-
state commerce commission and the
commissioner of labor were TO select
the third arbitrator. Numerous arbi-
trations we're had under this act. A
very conspicuous example of the
benefits of arbitration was the arbi-
tration held in 1912 between the
eastern railroads and the Brother
hood of Locomotive Engineers. The
threatened strike of engineers affect
ed railroads having oyer &c 900 miles
of main track, or one-quarter OF the
total mileage of railways in the Unit
ed States. A board of seven arbitra-
tors was agreed upon. and after ex-
tended hearings five of seven united
in an adjustment of the controversy
that saved the public from the dire
consequences of the stoppage Of
traffic outlined by the arbitration
board in its report, in part as fol-
lows:
An effective strike on these rail-
roads would have had most dis
asterous effects upon the commerce
and industry of this whole region, to
say nothing of its effects upon the
remainder of the country. Indeed,
1t would be difficult to exaggerate. the
seriousness of such a calamity. 1t is
safe to say that the large cities of the
east. if the strike had taken place,
would have found their supply Of
many articles of food exhausted with
in a week.
"Of so an important a commodity
as milk, the cities have not usually
more than a days supply. Many OF
the people in the cities would, there
fore, have been short of food if the
strike had taken place. Assuming
that no damage were done to their
property, the loss of the railroads
through cessation of business would
have been enormous. The total OPP
rating revenues of the ffty-two rail-
roads concerned amount to over
twenty million dollars a week, and
the net operating revenue to nearly
seven million dollars a week. The
loss to the engineers would likewise
have probably run into the millions.
Their present payroll to
over 100000 per week"
These observations apply to any
! strike, the effect of which is to tie
up a great system of railroads, or a
number of systems. II one pauses
to consider the effect upon his COM
fort and upon his business of the
cessation of railroad traffic, the need
for the interposition of the federal
government to the fullest extent per-
mitted under the constitution is
at once apparent.
The Erdman act. however, was not
satisfactory TO the organization OF
railway employees, and indeed was
criticized in many respects by dis
interested persons of civic prom
inence, who were studying the
ouestion of arbitration solely from