Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-03-08
Judiciary Committee Says "Ought
Not TO Pass" Because UnCOnStitu-
tiOnal=-TeaCherS Pensions Passed
To Be EngrOssed==Test to Come.
Bar Harbor Automobile Bill Brings Warm Debate
Committee Hearings, on Friday.
DROPS 3. & A. STRIKE.


The Maine Senate has decided to
drop the Bangor & AroostooI railroad
strike and to let it adjust itself.
In that branch, Friday morning, the
report of the judiciary committee.
ought not to pass" on the compul-
sorry arbitration bill introduced by
Rep. George w Irving of Caribou was
accepted and the order providing Tor
a special joint investigating committee
was taken from the table and indefi-
nitely postponed.
The committee clearly defines the
bill as being far from conformity to
the constitution of Maine.
The Irving bill report came as a sur
prise, and evidently anticipating dis
seusion with the verdict, the commit
tee went through the unusual prece-
dure of attaching a statement of rea-
sons. In this statement, after re-
view of the bills history, it is noted
that any law enacted by this legisla-
ture. to be constitutional. must apply
to all public utilities alike, otherwise
ii would be class legislation.
we also agree continues the
statement, "as an elementary princi-
pie Of law, that there could he no
such thing as compulsory arbitration
between individuals. After careful re-
search, we were unable TO find any de-
cision of the courts holding lawful
any attempt to bring about compulso-
~ arbitration. No such law has ever
been eneeted, and we are left. if we
enact such a law, to be pioneers. We
are ready however, To take the adj
yanced- step live ca4 Dc - asa not
exceed the constitutional rights Of the
people. 1t is doubted whether. even
in Z case where employees on their
part agree to arbitrate, the Lesisla-
ture can obige the public utility to
arbitrate. hut if such an arbitration
could be made lawful By the consent
of one party and by compulsion on
the part of the other party to the dis
pute. thcn the decision of such court
must necessarily fail to settle the dis
pute or remedy the existing evil If
the decision of the court OF arbitration
is in favor of tho employees that their
contention is right, that they had just
cause to strike, that their wage was
too low. that they should receive a
higher compensation. or that other
conditions surrounding their employ
ment should be corrected by the pub
lie utility, what then? The Legisla-
ture has no power to arbitrarily fix the
wage between the public utility and
its employees or to oblge the utility
to receive back into its employment
its striking servants"
The statement concludes with de-
claration that the bill must fail to ac-
~ Mich tic ia1rr Of he
one sided and unconstitutional at
tempt to enforce it's DEGREES" and q
definition of the Gates relation to
its public service corporations.
Order indefinitely Postponed.
Immediately following the reading
of the statement, Senator Hersey of
Areostook offered an explanation of
his motion for tabling of the order on
February when ii was received from
the House, tpassed by that body)
By this order the joint committee
was to be appointed. made a thorough
investigation and report ''by bill or
otherwise" The Senator felt, as the
Irving bill was pending at that time
and apparently covering all the intent
of the order, that such an investiga.
ton could be of no help. He had
moved tabling in non-concurrence.
Now. he believed that the time stip-
ulated might be so amended as to
make the order as efficient as at the
time Of its introduction. He could see
no use in such investigation, how
ever, in view of the report of the
State board of Cancellation and arbi-
alton. He did not wish TO oppose
the order if any good could come from
Continued on Page Eight.