Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-08-29
In Line With Courts Position.

."These proposals were exactly in line,
| it is interesting to note, with the posi-
ton taken by the Supreme Court of the
United States when appealed to to pro-
tect certain Htigants from the financial
losses which they confidently expected
liz they should submit to the regulation
of their charges and of their methods of
service by public legislation. The court
has held that it would not undertake to
form a Judgment upon forecasts, but
could base Its action only upon actual
experience; that it must be supplied
with facts. not with calculations and
opinions, however scientifically at
tempted To undertake to arbitrate the
question of the adoption OF an eight
hour day in the light of results merely
estimated and predicted would be to
undertake an enterprise of conjecture.
No wise man could undertake it, or. If
| he did undertake it, could feel assured
of his conclusions.
Il unhesitAtingly offered the friendly
services of the administrator to the
railway managers to see to II that JUS
| ttce was done the railroads In the out
come 1 felt warranted in assuring
| them that no obstacle OF law would be
suffered TO stand in the way Of their.
increasing their: revenues to meet the
expenses resulting frcm the change so
far as the development Of their bust
ness and of their administrative eff,
fciency did not prove adequate to meet
them. The public and the representa-
tives Of the public. felt JUSTIFIED in
assuring them. were disposed to moth
ing but justice in such cases and were
willing to serve those who served them.
Brotherhocds Accept.
The representatives of the brother
hoods accepted the plan; but the repre-
sentatives of the railroads declined to
accept it, In the face of what I can
not but regard as the practical GER
tainty that they will be ultimately
obliged to accept the eight-hour day
by the concerted action of organized
| labor, backed by the favorable judg-
ment of society. the representatives Of
the railway management have felt iusti-
I fed in declining a peaceful settlement
! which would engage all the forces of
Justice public and private. on their
| side to take care Of the event
They fear the hostile influence Of
shippers. who would be opposed TO an
increase of freight rates for which.
however, of course. the public itself
would pay): they apparently feel no
confidence that the interstate commerce
commission could Withstand the objec-
lions that would be made. They do not
ances of the Congress or the President
They have thought it best that they
should be forced to yield, II they must
yield not by counsel. but by the suf-
fering Of the country. While my con-
ferences with them were in progress
and when to all outward appearance
those conferences had come to a stand
still the representatives of the brother
hoods suddenly acted and set the strike
for the 4th of September.
Basis for Rejection.
decision to reject my counsel in this
matter upon their conviction that they
must at any cost to themselves or to
the country stand firm for the principle
| Of arbitration which the men had re-
iected I based my counsel upon the in
disputable fact that there was no
means of obtaining arbitration. The law
| supplied none. earnest efforts at media
ton had failed to influence the men in
i the least. To stand nrm for the prin-
| eiple of arbitration and yet not get ar
hitrAtion seemed to me futile, and some
! thing more than futile. because 1t in
voIyed incalculable distress to the coun-
ftry and consequences in some respects
| worse than those of war. and that in
| the midst OF peace.
| Il yield to no man in firm adherence,
| alike Of conviction and Of purpose. to
| the principle of arbitration in Industrial
disputes; but matters have come to o
sudden crisis In this particular dispute
and the country had been caught un-
| provided with any practicable means Of
| enforcing that conviction in practice
! tby whose fault we will not now stop
| to inquire).
/ "A situation had to be met whose
elements and nxed conditions were in
dispntabie. The practical and patriotic
.course to pursue, rs ii seemed to me.
was to secure immediate peace by con-
ceding the one thing in the demands Of
1.-THE men which society itself and any
tarbitrators who represented public SEN
ftfment were mostly likely to approve.
land Immediately lay the foundations
for securing arbitration with regard to
has confirmed that Judgment.
| Would Safeguard Future.
| Il was seeking to compose the pres-
emit in order to safeguard the future:
flor I wished an atmosphere Of peace
land friendly cooperation in which to
take counsel with the representatives
LOT the nation with regard to the best
means for providing, 50 far Is it nisht
prove possible to provide, against the
recurrence of such unhappy situatfons
lin the future-the best and most prac.
itical means Of securing calm and fair
Iarbitratfon Of all industrial disputes In
fine Days - Genre. This q. .ao0nref3ly
namely. having failed to make certain
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