Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-06-18
URGE ARBITRATION
|. IN TRADE DISPUTES
Method Advocated for Com
merciaI House to End Court
Litigation.


turers and merchants here the bene-
fit to be derived from commercial ar
bitration.
The board is the only one in the
State with charter which allows it
to arbitrate commercial differences,
and the powers conferred upon il by
the act under which the board was
incorporated are equal TO those of
the Circuit Court of the County Of
Essex, insofar as commercial arbi-
tration is concerned. The board was
incorporated under an act passed
March L, 1859 and since that time
there has been legislation passed
which prevents any other Board of
Trade having similar powers con-
ferred.
THIS city ranks among The pioneers
of the country in seeking to secure
settlement of business difficulties
through commercial arbitration
committee of the Board of Trade or
Chamber Of Commerce, but the ideo
has been taken up during the last
| few years by cities all over the coun-
| try and abroad and the scheme has
| worked out with wonderful success.
| The object is to settle differences
| between business men out of court,
| thereby saving vast amount OF time
| and money in litigation, and 1t has
been found there where differences
were arbitrated those concerned
usually remained friends.
AS an instance of the success which
attends this method of adjustment a
case settled here this year by the
Board of Trades committee might be
pointed out. A manufacturer ordered
a quantity of oil The kind wanted
was specified, and the order shipped
by the refners. When the first prod
ucts of the manufacturer In which
this oil was used were completed they
were found to be below standard. In
vestigation led the manufacturer to
blame the fact upon the oil, and he
made this known to the retiner, with
| a request that check be forwarded
| to reimburse for the damage. There
was a controversy and both parties
| agreed to leave the matter to the
! commercial arbitration committee.
! A speedy session was arranged, and
| the committee had not half finished
| the case when the manufacturer ad-
| mitted that in his order ne mad failed
| to specify, as he usually had, just
| what the oil was to be used for.
| Although he lost hundreds of dollars,
| he told the committee he was salts
| fed; shook hands with the refiner
and gave him an order for more oil,
but gave him the right specifications.
Reports of happenings of the same
| kind have been received from boards
of trade and chambers of commerce
from all over the country.
On the committee of this city's
board are: Herman B. Good, chair
man, a leather manufacturer; Julius
s. Ripple, stock broker; Walter I.
Johnson, hardware merchant;
Charles E. Hetzel, a roofer and paint
merchant, and Joseph A. Beecher,
lawyer.
James NJ. Reilly. secretary of the
board, who keeps in close touch with
the work of all of the committees. had
the following to say of commercial
| arbitration when interviewed yeSter-
day: 1.-The members of the CONNER
cial arbitration committee are doing
everything i'll their power to make the
business men of the city see its
value. but it is difficult matter I'M
less the men approached are willing
to go into the matter in detail and
learn for themselves just what bene-
fits are derived from it.
"As you can see for yourself by
glance at the personnel of the COM
mittee, the members are all practlcal
linen of different professions and bust
nesses and men of high business
standing and aoumen. They know
conditions and they know business.
When a case comes before them for
arbitration the men who seek set
Element of a difference are dealing
with practical men who delve into the
matter in hand in businesslike way.
There is no waiting for a case to be
called on the calendar; there is no
adjournment from week to week, such
To- 4i.r ha
and yet the board has equal power
with the Circuit Court and its de-
cision is just as final.
zone feature, to my mind, of the
act which might be improved on Is
the fact that it demands that COM
mittee serves for full year. I think
it would be vastly better If 1t were
possible to appoint committee TO
hear each case as it came along, for
in this manner there would be a
surety that both parties would be
satisfied
THE sooner our business men see
the benefits the better it will be for
business conditions generally. Suits
which would take months of litiga-
ton are settled without the waste of
a day and both parties have the
privilege of having counsel present
their sides.
THAT portion of the charter which
relates to commercial arbitration is
as follows: That the corporation
shall annually elect five members OF
the Board of Trade. to be known as
the arbitration committee; vacancies
in said committee shall be filled by a
special election. 1t shall be COM
petent for said committee to hear
and decide such matters of contfo-
versy as might be the subject OF an
action at law or in equity, as may
arise between members of said cor
poration, or those claiming under
them, and as may be submitted to
said committee by an instrument IN
| writing, signed by said parties and
attested by a subscribing witness;
subpoenas for the attendance of wit
nesses before such committee of
arbitration shall issue out of the
Circuit Court of the County of Es-
sex in the usual way with like
penalties for n-attendanee; the
witnesses so subpoenaed shall be
| entitled to the legal fees of wit
nesses in said Circuit Court; a
| majority of the members of said
| committee shall be competent to
meet together and hear the proof and
allegations of the parties; said parties
may be represented by counsel, and
the award, signed by majority of
| said committee and proved in the
usual manner of proving deeds, may
be filed in the clerks office of the
County of Essex, and upon such filing
a Judgment shall be entered upon the
minutes of said Circuit Court, in ac-
cordance with the award of said COM
mittee, which said judgment may be
docketed, transcripts taken, and exc
cutions issued thereon, as in the case
of judgments rendered in said Circuit
Court; judgments entered in conform
~, With s,lcb amard shall NOT he re-