New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-08-12
Arbitration VS.. Peace.

holds over the heads of modern commu-
nifty has but just been relieved in the case
OF our New York City streetcars. 1t still
impends. though postponed by mediation,
in the far more dangerous proposal of a
nation -wide railroad strike. AS seldom
before there is. brought home to every
American the colossal peril to prosperity,
to health, to lives, of such total severing
of the arteries of modern life. The minds
Of all are turning to arbitration as the
one possible preventive; what are the
forms which arbitration can take and what
hope does it offer of a permanent solu-
ton?
To begin with, there is the situation
which obtains in this state and in the
country at large. The streetcar employees
in this city were entirely within their legal
rights in striking when and as they
pleased They were under no legal obi
cation even to listen to Mayor Mitchels
plea for compromise. All transit in
the city could have stopped without the
publics having the slightest word to say.
The same is true of the appalling pro-
posal of a nationwide railroad strike. A
Federal mediation board exists which can
tender its services for purposes of con-
citation exactly as they have been ten
dered and accepted now. That is simply
a standing board authorized to do in gen
eral what Mayor Mitchell and Mr. Straus
did of their own will in a specific case.
Such an offer may or may not be accepted.
A step, and long step, ahead Of such a
laiSSez-foire condition is the system pro-
vided for in the Canadian industrial dis
putes act, which has now been in force
over nine years and has been copied in a
Colorado statute. This does not go to the
whole length of providing for a compul-
sorry arbitration the terms of which shall
be binding upon employers and employees
wily-nilly. 1t does provide for CON-
pusory investigation and prohibits either
lockout or strike until the investigation
is complete, a report made and an impair
tial view Of the dispute thus on record
before the public.
The scope of the act is limited to those
industries in which the public's interests
are vitality concerned. 1t applies to all
public utilities, including municipal SER
vice corporations, transportation COM
panies of all kinds and occupations (like
stevedoring) subsidiary to transportation
and also to coal mines and metal mines
The theory is plain and straightforward
1t is that the production of the necessaries
of life is so affected with public interest
that capital and labor involved therein are
not altogether free agents. If an indus
trial dispute threatens in such an indus
try it is the right of the public to halt
action and insist that status quo be
maintained until the facts of the dispute
and the Justice thereof are public prop
erty.
The machinery of the law is simple
Any proposed change in working condl-
tions, whether demanded by employers or
workers, must be preceded by notice of
thirty days before the date on which such
changes are to become effective. If such
change or any other point at issue
threatens to end in a strike or lockout
either party may apply to the Dominion
Labor Department for board of conclia-
ton and investigation and may not alter
the condition of work until the dispute has
been dealt with by the board. The board
consists of three members, one chosen by
the employers, one by the workers and a
chairman selected by agreement of these
two members, or, in the event OF their
failure to agree, by the government. In
formal sessions aiming at Cancellation
usually open the hearings; whether agree
ment results or not a report is made de-
scribing the conditions that cause the dis
pute and recommending what appear fair
terms of settlement. The reports are at
once published by the government.
After such report has been made the
employers and employees are at liberty to
resort to the last measures of industrial
warfare. For causing a lockout prior to
this point a fine ranging from 500 to
$1,000 is imposed upon the employers; the
penalty for striking Under like conditions
is a fine Of from $40 to $50 upon each
striker.
The law is not = cure-all. 1t has not
always succeeded even in delaying strikes
in accordance with its own terms. In
seven and half years of operation 1877
Investigations have been ordered. In 1875
of these settlement was effected through
the Offices of the board. Thirty-two strikes
have taken place, of which IS were I'M
lawful-that is TO say, begun either be-
fore or pending an investigation. Over a
third Of the disputes have arisen in the
operation of railways.
The Colorado act gives an industrial
commission wide general powers following
largely the outline of the Canadian act.
It's aim is to prevent the interruption of
industry p1til investigation has taken