Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-08-30
CUMM|NS DOUBTS
FORCED ARBITRATION
Asserts Compulsory Settle
ment of Disputes Would Be
Unconstitutional.
SAYS CONGRESS FACES
PERILS IN LEGISLATION
Voices Opposition to Some Of Presi-
dents Proposals Meeting Present
Situation.

Senator Cummins of Iowa, one of the
Senate interstate commerce committee
voicing opposition in the Senate today
to some of President Wilson's legisla.
tive proposals to meet the railroad
crisis. said that Congress-. in its voyage
in search of legislation, was confronted
by "a Scylla and a Charybdis." and that
ut will be interesting to consider how
far we can steer away from one without
encourtering the perils of the other"
Senator Cummins insisted that COM
pulsory arbitration was not only i'm
practicable, but unconstitutional. and
that any attempt to establish maximum
wages for railroad employees was
doomed to complete and immediate
failure" although Congress undoubt-
eddy has the right to prescribe both
minimum and maximum wages.
Proposes Legislation.
The senator proposed as a possible
deterrent to industrial disputes. with
out advocating it or expressing any
opinion on the justice or wisdom of it,
legislation that would impose a "modi-
fed or partial restriction of the right
to strike in combined way" which. he
said, would make for industrial peace
and at the same time would not unduly
infringe upon personal liberty"
ut is my deliberate judgment" said
Senator Cummins. that there is no
method for the prevention of strikes
by force of law. except to deny to
union or in concert; that is to say. to
make it unlawful to enter into an
agreement or understanding that they
will cease to work at a prescribed time
and in a body. To do this, which l be-
lieve to be within the constitutional
authority of Congress, without provid-
ing an efficient substitute, is to prac-
tically prohibit unions. for while the
unions have other and notable func-
lions, il they are deprived of their right
to quit work in a body as the outcome
of an understanding or agreement, they
will be shorn of their real power. and
will rapidly become mere benevolent
societies.
Strikes Not ofense.
II, for one, am unalterably opposed
to any such legislation. unless it is ac-
companied with sure relief for injus-
tice. There are some misinformed peo-
Pile who believe, apparently, that it
was the act of 1915, generally known
as the Clayton law. which permits
members of labor unions to strike in
pursuance of an understanding or
agreement. but this is not SO, for the
heretofore repeatedly held that a
union strike, peacefully begun and
peacefully carried out, was not an Of
Tense against the antitrust law.
Senator Cummins asserted that Con-
gress undoubtedly could prescribe
maximum hours Of work upon rail-
WAYS, but insisted that 'if this were
done there would still be wide op-
portunity for disputes between en-
ployers and employees"
Difficulty Apparent.
at may be that 1t would be wise to
establish minimum wages but when
the variety of employment and the
difference in ability and skill required
to perform the several tasks of rail-
way operation are considered, the I'M
mense difficulty of the undertaking is
at once apparent. When we advance
toward the establishment of maximum
compensation these difficulties are In
finitely multiplied, and I look upon
any attempt to restrict the freedom Of
contract in this respect as doomed to
complete and immediate failure"
Discussing compulsory arbitration.
Senator Cummins said there was no such
thing, never had been and never would be.
Forbidden in Constitution.
1.-THE point which desire to empha-
size," he said. lis that direct compulsory
arbitration is forbidden by the Constitu-
ton; is repugnant to the enlightened
sense of human liberty; would destroy the
entire fabric of organized society and may
be at once dismissed as solution of the
problem before us.
II do not doubt that Congress could
create a tribunal and confer upon 1t
Jurisdiction to seize upon controversy.
such, for instance. as the Brotherhood
Of Locomotive Engineers and the rail-
way company which employs the en-
gineers, then call the parties before it,
take evidence and render Judgment. II
this procedure is what the people have
in mind when they speak of compulsory
arbitration, the plan is, I believe, well
within the constitutional authority Of
Congress"