Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1923-01-26

already rather usual, that any disa.
greem meut shall be arhliIateI BY the
shipping Commissioner tnndef exist.
ing statutes THIS ineluaes eansulsl,
ana the Seamans right i wages. u
food to .aamaees under TIE Jones
Act. together WITH his present right
10 quit work in harboT. becomes void.
With the seaman the machinery is
there and ready. The shipeNner only
needs this hll 10 become law ami
noise. except such as the victim may
make. So much tor the seaman.
WAS ii the Protective anu lndem-
nifty Insurance lawyers that drew this
hill1 Hardly. There were others.
The bin applies te all workers in in
terstate anu foreign commerce and to
others, that are not necessarily work
efsz-to shippers and travellers. The
traveller and shipper too NAV become
victims, they toe may unwittingly or
By necessity, sign the agreement 10
arhitrate and thus lose the right 10
the protection of the Courts with the
machinery, which the Saxon eiviliza-
ton has built up around the perhaps
otherwise weak and defensoless.
Misealled equity has taken much Of
American freedom, now comes law
law to complete the job.
So far We have dealt with the IN
diNidual. What about those, who
shall seek to protect themselves
through mutual aid Some organ
izations are very strong In their CO.
hesiveness. Cannot those orgamza-
tions save not only the individuals but
themselves
The Supreme Court has decided
that voluntary organizations may be
sued. If they shall enter into an
agreement containing IN arbitration
clause. there can be little doubt that
the organization will be bound. But
would such action bind the members
The hatters' case and the Coronado
case seem to answer this question;
but, aside from these cases. does not
the principle of the corporation law
lexcluding limitation Of liability,
apply? Would ii not be held that the
members are the stockholders, the
convention the meeting of stockhold-
ers. and that the Executive Board Is
the Board of Directors And If such
should be the decision of the Court
land we have seen something more
remarkable than this would bel then
organization would be an added dam
ger.
OF course, specially capable law
vars might tnd way out, but We
are to remember, first, that especial
ly capable lawyers are too expensive
To be hired by the poor who might
and would suffer; second, that those
who have the means TO hire suehlaw-
yers are not liable TO sign such agree.
ments, unless il be 10 enforce the CON
sequsncas upon oFiefs.
Section 3 relegates the settlement
of all disputes TO the arbitrator and
imposes upon the Court the duty to
see that the arbitration Is proceeded
with.
Section designates the Courts to
which the aggfieyed party may ap.
peal to have the arbitration proceed
and determines the procedure.
Section 5 provides that II there be
no agreement for selection OF the
arbitrator, or If none is agreed UPON
then the Court shall select one.
Section Z authorizes the arbitrator
or arbitrators TO send for persons and
papers and to compel the attendance
of witnesses, and places the Court
with all its power behind the arbitra-
tor or arbitrators.
Section provides for jurisdiction
wheer there is differences of the clti-
zenship, either with reference To-
States or Foreign Country.
Section 8 provides that If the ques-
ton at issue Is justieiable IN admir-
alty--'then, Notwithstanding any.
thing herein to the contrary
the court shall then have Jurisdic-
ton to direct the parties to proceed
with the arbitration and shall retain
jurisdiction TO enter its decree upon
the award"
II is, Of course, presumed that the
arbitrator will do justice, but he
must primarily see that the contract
is carried out, whether il has refer
ence to the labor Of procuring, max
ing, transporting or delivering com
modities, or the labor Of repairing,
building, or erecting any structure,
or in the work performed to those
ends by individual workmen or me-
chanics. The contract being property,
the arbitrator must see that such
property is protected. Where he can