Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-06-18

An acton on the equity side OF the docket has
been brought by the city to enjoin the tramway
company from permitting its street cars to cease
operation.
The likely to produce such suspension
of business is a threatened strike of employees for
higher wages
The contention of the city is that, having under
taken to operate public utility for the convenience
of the public, the company is bound continue its
operation even at loss to itself.
Such theory of the law is at all new.
Hundreds of be found in the law books
where courts of last have held. They have
invariably been cases where the costs of operation
would exceed the income from such operation.
The special feature OF the present is the
labor dispute which the injunction would undoubt-
edly settle favorably to the men. Employees are
ceivng As cents per hour and are threatening to
strike for SO cents per hour The contention of the
company is that it cannot afford to pay SO cents
and will not attempt to operate its cars should
strike
The suit is to prevent the suspension of opera
ton, which only can be prevented by acceding to
the demands of the Therefore, should the
grant the injunction the strike would at once
be by the employees.
We would like know whether the labor Or
CARNATIONS will object to government by injunc-
ton when it is the employer against whom the in
junction will operate?
The only point being argued In the under
discussion is whether any excuse other than the
impossiblty of hiring at any price. however
excessivet should be accepted by the court rea-
for the performance of the service con-
tracted to be supplied.
In fact however. it goes much farther and in
wolves the question whether any public utility
cannot in effect, be compelled accede any de-
mand the employees may make in order to avoid
suspension of its functions
If this be done the injunction may become
dangerous to capital invested in such utilities as
il has been to labor. s---,.-
Mandamus used compel the union officials
TO withdraw the coal strike order last winter. It is
reasonable to assume that whose reasoning
would lead him to grant mandamus would have
reached the same end by an injunction had the
matter been brought TO him the strike order
was issued. An injunction would prevent its issu
ance; mandamus compels its recall after issuance
In both the tramway case against the employer
and the coal case against the employees the purpose
is the sameto prevent the interruption of Il public
utility essential to the convenience, peace and com
fort Of the public.
If public utility having assumed a duty toward
the public, must carry it at a loss until
bankruptcy prevents further operations and if labor
Is to be restrained from striking to prevent thel
tying up of public utilities. the logical end is APP
parent
Will not the next step in the evolution of our
Jurisprudence be that, in case such as the Denver
case, injunction will be issued against both the
company and the employees upon request of the
proper officials; the then be consolidated by
the court and the forthwith proceed to see that
equity is done to both by fixing the wage which,
must be paid and accepted?
Speculation may be futile but it is interesting |
1t is certain that the of public opinion
is drifting toward legal method Of settling con-
troverses between capital and labor instead of by
the force of strikes and lockouts.
Such solution seems 10 be poualIy hi
to both capital and labor. Will they, then, be wise
enough to get together upon some program which
Will protect the public and yet prevent the compul-
sorry settlement of disputes?
Aidelegate at the annual convention of the Am.
erican Federation of Labor held in Montreal recent
~, proposed that they cooperate with employers in
creating voluntary arbitration body to settle griev-
anees. e.
The Chicago Tribune discusses that proposal in
q way which meets approval. 1t says:
THE sponsor of the resolution asserted that it Il
would bring about more harmonious relationship \
reuuce the cost OF living, and end the present cycle
Of wage advancing and price increasing which it
seems utter folly TO continue Perhaps it would not Il
do all that but it would undoubtedly help British /
labor leaders recently have taken the same view
1T would seem TO indicate that organized labor l
particularly in the highly skilled trades is be-
ginning to realize the interdependence labor and
capital Capital furnishes the tools and labor uses H
them. Neither can succeed without the other Cap
ital has begun to show its realization of that fact by
the formation of shop councils, profit sharing II
schemes and so forth. Labor is beginning to show
its realization by such statements the one cited
The greatest gains in the present generation |
and against the greatest handicaps, have been by
labor. But victory, pressed far may end in de-
feat. tendency toward legal adjudication OF labor
disputes has become apparent of late. Probably
this is due to the fear of the unorganzied majority
constituting middle will
between the opposing forces of capital and labor
IF the A. J.. of l.. will adopt policy along the
lines of that suggested believe it will find capital
glad to cooperate and the great OF the people
to subscribe to the arrangement with deter
mination to secure justice to ALL" III
Major Llewellyn withheld announcement Of will II
inn ho