The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1916-12-21
Compulsory Arbitration I'm
possible Under United
States Law.
FORCED ARBITRATION
Would Kill Labor Unions -
Members Have Right to
Quit Jobs.
RY Ashmun Brown

Washington, Dec. Is. - compulsory
arbitration is what President Wilson
has proposed to congress as means or
dealing with the railroad employees
situation. Compulsory arbitration Is
resisted by labor leaders, chief among
them Samuel Gompers, president OF the
American Federation of Labor, and
Frank Morrison, secretary. Compulsory
arbitration can not be established
under the Constitution in this country
in the opinion of some of the leaders
of the United States senate.
These are the essential facts in the
interesting problem which is now be
ing worked out here in Washington,
not In the public eye, of course.
Congress met and congress, 1t was
reported, was to get extraordinarily
busy to put through the presidents
program of legislation. But congress,
in these ante-holiday days, has not
been extraordinarily busy, and on the
surface no progress has been made to-
ward dealing with the great subject OF
the presidents message.
Progress All Outside Congress.
But progress is being made, though
not in congress. Outside of congress
an effort is being made 70 draft legis-
lation which will appear to be what
the president has asked, and that at
the same time will be satisfactory to
the labor leaders. The labor leaders
and the friends of the president are
working together to this end. Theirs
is a hard task
In view, then, of this condition, an
opinion was sought by your cor
respondent of Senator Borah. Admit
tedly he is one of the ablest consti-
tutional lawyers in the senate. The
author of much labor legislation, he,
while, of course, being a republican,
has no part i'm any discussions that are
now being held outside of congress, Is
an authority on the subject.
Can compulsory arbitration be es-
tablished in the United StatesT is the
question that was put to him. In reply
Senator Borah said
Canadian Law Not Practical.
: Il do not see just how those who are
5 advocating the Canadian arbitration
: law for this country, or any law for
effective compulsory investigation and
arbitration, are going to get by cer-
t tain well established legal principles.
! There seems to be an impression that
= the whole thing is made easy because
= we are to deal with body of men
t and not single individual
n I'm other words, it is supposed, ap-
parently, that while you cannot com.
t pei an Individual to work or to punish
S him because he quits work, that you
e can compel body of men acting col
!, lectively or as a union to work or pun.
e ish them because they agree to quit
t work.
: ITO say that the concerted action OF
S powerful bodies of men shall not be
tn i.,I
] of the nation does not meet the situa-
+ ton at all. 1t is true, however, that
e tpowerful bodies of men acting together
! may quit work and may decline to ac-
2 cept employment, and if their quitting
+ work has the effect of stopping the
: operation of trains it is nevertheless
their right to quit.
Have Right to Quit.
g "A mans constitutional right, either
4 individually or collectively, can not be
g measured by the amount of injury
which the exercise of his constitutions
al right may do to society. In my
: Judgment employees have a right either
D singly or collectively to quit work be-
cause they are dissatisfied with their
wages or for any other reason which
: has to do with their welfare as to sani-
tary conditions, etc, as workingmen.
1t is just as much an invasion of a
mans personal liberty, and just as
much in contravention of his consti-
:, tutional right to compel him to remain
: in the service of another when he is q
: member of, or acting with, his union
e as it would be to compel him to do Sc
: if he were acting individually.
e Many Decisions on Point.
: 1T has been decided number OF
times, and in one instance by no less
o an authority than Justice Harlan
u late associate justice of the supreme
l. court of the United States, that mem
bers of labor union have a right tt
e confer with reference to their wages
y and to determine as a matter of fac
y whether they are satisfied, and if mo-
II satisfied as a result of their confer
+ ence, to quit work.
e Il am speaking now, of course, o.
is the rights as between the employees
r and the employe, emitting entirely th'