Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-03-08

| Also agreed, as an tttment2ry princi-
pie OF law, that there could be no
such thing as compulsory arbitration
between individuals. After careful
| research. we are unable to find any
| decision Of tho courts holding lawful
| any attempt - bring about compul-
| sory arbitration. No such law has
! ever been enacted and We are Ief:.
| if We cnpt such a Raw. to be pioneers.
We arc ready. however, To take the
| advance stcf, If We can do SO and not
! exceed tire constitutional rights of tho
| people.
1t is doubted whether even in II ease
where tie employees on their part.
agree ia arhitsatc the LEGISLATURE cap
oblige the public utility To arhitratc.
but if such an arbitration could be
made lawful by the consent of one
party and by compulSion on the part
Of tho Other party To tho dispute. then
the decision Of such court must
necessarily fail Ia settle the dispute
or remedy the existing evil If the
decision Of III" court of arbitration Is;
in favor of the employees, that their
contention was right, that they had
! just cause To strike. that their wage
was too low. that they should receive
! ii nigh cumpo nsatiun, or that Other
| conditions surroundinc their employ
ment should Sc corrected by the pub
| lie utility, what then? The Leeisla-
| ture mas 10 power To arbitrarily fix the
| wage between the public utility and
| its employees, or to oblioe the utility
| To receive back into Its employment
| the striking servants The right OF
the public service corporation to hire
| its servants and To Discharge them
| cannot be taken away - any act OF
Il Legislature. On the other hand, II
| the decision of the arbitrator is in
! favor of the pablo utility, and decides
that the pehlc service Corporation
was right in its contention in the
matters in dispute, what then? No
! law enacted by this Legislature and
no decision from such arbitration
could compel such striking employees
To return Ia their Ia Dor under the
same wages or return To their labor
| under the same conditions Such
compulsory arbitration. if il could be
| lawfully brought about, must thereby
| fail to accomplish its purpose by rea-
son Of the one sided and uncOnsti-
| tulional attempt to enforce it's de-
| creeS
The State has the right to interfere
ana take control of its public utilities
| and Ia manage, own and control them
as state institutions are now mana ged
and controlled. We do not believe the
State is ready or desires to undertake
| the burden and experiment of State
ownership of its public utilities, and
we 40 not recommend IT,
Under our present laws, if any
| public service corporation fails or
neglects To carry out the purpose for
which il was organized, and it's con-
duet and management will cause
great loss and injury to its stockhold-
ers, bondholders and creditors the
State has a right through such credi-
tors and bondholders To have a re-
ceiver appointed and thereby place
such utility under another and better
management. Further than this the
Legislature cannot go.
tSigned1 Fer order.
DERfIN for the committee
The report was accepted to concur
onee.
Mr. HERSEY OF Aroostaol: Mr.
President. move that we take from
the table the order for the appointment
of joint select committee to inves-
tigate the strike on the Bangor e
Aroostooll Railroad.
The motion was agreed to-
ar. JERSEY Mr.. prGsif1eht, ] ask
that the order be read
The order was read by the scere-
tary.
Mr.. HEESEY: Mr.. President when
that order came in from the House
tabled it for reasons Which / cx-
pressed then To the Senate. that there
WAS pending before Tic committee on
Judiciary bill for compulsory arbi-
tration, and | asked that this order
lie ON the table until that committee
could make Il report. That report has
been read, this morning. in the Senate
and House, and has been adopted. And
the 10 lawyers of the judiciary com
mittee decide that compulsory arbi-
ttltion is not possible; that the State
may Interfere by government owner
Ship to take control of its utility and
operate ii, but until it does that, il
cannot compel arbitration in the case
of disputes and lockouts.
Now, Mr.. President while this order
may be amended so as to extend the
time of making the reports, etc, il
calls for an investigation of this strike
of the employees Of the railroad, and
II further investigation of all the bust
ness of the road, and to report by bill
or otherwise to the Legislature.
| do not wish to be put in the posi-
ton of opposing any such matter. il
anything can come ont of il for the
good OF the state AS ! have said be-
fore, ii seems to me that in the face
of the present situation. any inVesti-
CATION additional to the one already
made by the State Board of Arbitra-
ton, must result in failure to accom-
plish anything ON behalf Of this Leg
isiatlne to settle this strike If Il
committee of this Legislature should
take the time of the Legislature to
investigate this matter, and should
make report To the Legislature as
to the conditions of the parties, as
To which was right and which was
wrong, it seems to me they would be
unable to report any remedy. They
could report\no bill il seems to me.
that would meet the matter, and an
investigation must necessarily fail ia