New-York tribune., 1918-12-22

year His men, he said asked only
| $l4O and wanted no overtime. To the
statement that the eight-hour ray was
unavoidable, he cited the PENNSYLVANIA
and other lines which work the eight
hour day.
Mr.. Taft, who arrived after most Of
the evidence was in, interrupted Vac
arelli to say the board was not ging
into the merits of the case, but on the
question as to whether or not the boat
owners were not bound to arbitrate
before duly formed agency that has
jurisdiction.
Taft Announces Decision
$50 long as there is any agency that
can adjust this matter without
strike" replied Vacarelli, "thc men
will not strike"
Judge Taft, speaking for the board,
then announced it's decision
owe find" said he, "an agreement to
arbitrate all differences in respect to
wages and the conditions of labor ex-
cept two things which are not here in
question-the recognition of the union
and the closed or open shop. We find
hereto to arbitrate before a board. the
provisions for the appointment of the
! mem bers of which are clear and spe-
| cific in the agreement and its modifica-
i tions.
ave find nothing in the facts stated
, that in any way relieves the parties to
that agreement from the obligation to
continue to comply with the award.
The board finds no reason for holding
%h,f IN
existence and that there is not the
means by which the board may be prop
erly constituted under the agreement
and may continue its questions.
THE assertion by some Of the parties
that they do not like the board of ar
bitration and they don't think that if
is fitted to meet present conditions does
no appeal to this National War Labor
Board. They made contract to sub
NIT to such a board. Those considera-
tions should have appealed to them be-
fore the board was constituted.
Got to Play Game"
"When you enter submission yo,
have got to play the game. 1t ism
Heads | win; tails you lose 1t is ar
arbitration and an arbitration unde1
the terms of the contract, and whethel
they be employees or employers they
must live up to that contract. Ger
tainly nothing from this National Wa
Labor Board will excuse any departur,
from the obligations of the submission
because this board itself was found
ed for the purpose of securing an ad
justment of controversies by Just sucl
agreements. The offer of one side nov
, to have a different board to be differ
entity selected because that side doe
not like the constitution of the boar.
to which they have agreed is an offe
that does not appeal. to our sense O
equity or law.
"Now it is objected that the perio,
( during which this contract is to last i
ended. The term fixed is "during tn
{ period Of the war 1t is objected tha
} there is an armistice, suspension O
, of the war.
J "The Supreme Court of the Unite,
States has decided that peace come
and war ends when :he President ha
proclaimed peace under treaty rati
fed by the Senate Until then war, il
it's legal sense, continues
Covers Situation
, "Nor in this case is there an,
equitable ground for saying that tn,
war is over. This agreement certainl,
] SnOulu cover Cne present SITUATION III
volving the transportation of troops
involving the sending across of relic
= for our Allies in this war, the sending
across of provisions for suffering peo
Piles, the condition of whom might leat
to continuation of war on the othe1
side; might produce a state of pessim
! ism, further developing the awful con
i dition of Bolsheviksm. Therefore tt
: say that the war is over is to fly il
the face of the conditions that exist.
eve may add, if we can take judicia
, notice of newspaper advertisement:
, and appeals to the public that have
!. been referred to, such continuing wal
conditions seem to have impressed
themselves on the minds of the boa
owners in this case, who, nevertheless
contend that the war is over. There
, fore we hold that the contract of sub
mission with the amendments is still
: in effect and binds all parties thereto
5 that it is the duty of the appointing
5 powers when their action is properly
| invoked to supply vacancies which may
: have been created by the resignation
= of those who have recommended the
dissolution of the board.
"The members of the board canno
lift themselves by their bootstraps
The ycannot dissolve board that the,
: did not create. They may resign ant
| they may recommend the death of tn,
: board, but until the executoner is ap
: pointed by law, or the parties all agree
oft, the board continues to live
"What we think is that the parties