American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1916-12-21
DoRAH DERTDRs LABOR MEASURE
Senator Says Compulsory Arbitration
Is Step backward and Not Spirit Of
Times.

Senator Borah of Idaho, who Il
looked upon as an authority OF Labor
legislation, having for some years beer
chairman of the committee on labor
has beer consulted freely during tn,
past two weeks by his fellow senators
regarding the compulsory arbitration
law which President Wilson has agar
recommended to congress, and TO then
he has voiced the view that such a law
II passed, will stand the test OF the
courts. As yet Senator Borah has moi
spoken On this subject In the senate
but when asked for his views for pub.
LEGATION. dictated the following state.
ment al giving his personal beliefs
and opinions. He said:
II do not see just how those who
are advocating the Canadian arbitra-
ton law for this country, or any Law
for effective compulsory investigation
and arbitration, are going to get by
certain well established legal princi.
pies. There seems to be an impress
sion that the whole thing Is made easy
= We q w bfdt " lln ~ bOu1 vi
men and not a single individual.
"In other words, IT. is supposed. APP
parently. that while you cannot COM
pei an individual TO work or TO pun
ish him because he quits work, that
you can compel a body Of men, acting
collectively or as a union. to work, or
punish them because they agree to
quit work. To say that the concerted
action OF powerful bodies OF men shall
not be permitted to stop the Industrial
process OF the nation does not meet
h situation at all II is true, how
ever. that powerful bodies Of men,
acting together, may quit work and
may decline TO accept employment
and II their quitting work has the ef-
feet OF stopping the operation . Of
trains. IL is nevertheless their right to
quit.
"A mans constitutional right. eth
er individually or collectively. cannot
be measured by the amount OF injury
which the exercise Of his constitution
al right may do to society. In my
judgment. employees have a right
either singly or collectively. to quit
work because they are dissatisfied
with their wages. or for any other
reason which has TO DO with their
welfare as 10 sanitary conditions. etc.
az workingmen.
1T Is Just as much an invasion OF a
mans personal liberty. and just as
much in conirayention ~ his consti-
.tutional right. To compel him 10 re-
main In the service Of another when
he Is a member or acting with his
union. as II would be To compel him
TO do so II he were acting individually.
IL has been decided a number Of
times. and in "a instance by no less
an authority than Justice Harlan, late
associate justice OF the supreme court
OF the United States. hat a labor
union has a right TO confer with refer
70 their wages and TO determine
as a matter Of fact whether they are
satisfied. and II not satisfied. as a re-
suit OF their conference. 10 quit work.
] am speaking nog, OF course. OF the
as between the employer and
employe. emitting entirely the
question OF interference with
else operating the train.
But as between the employer and
empioye. the employee mas a right
either singly or collectively 10 quit
work, in my judgment. and under the
OF the United States he
cannot be deprived Of that right sim
ply because he acts collectively. what
n party may do alone. he may
10 In combination with others, pro-
they have no unla wful object in
but the right 10 quit on account
unsatisfactory wages can never be
unlawful.
III you can prevent men from act
ng collectively and as a union In re-
gard to their wages. TO their sanitary
conditions and to questions OF health.
surroundings and such things. then
i've bargaining absolutely and have
ound a way by which to inhibit col
action upon the part OF labor.
II would be the beginning Of the
OF union labor.
collective bargaining and collec-
I've action, both upon the part OF cap
tai and labor. are In accordance with
he spirit and principles OF the age.
some other way will be found To
these matters than that OF TAX
ms 4 backward step and destroying
collective bargaining and collective ac-
ion. 80 long as the action Ii for law
'ul purposes.
Il have never believed that compul-
'ory arbitration was either practicable
" legal under present provisions OF
constitutions. both state and ma