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the boycott, the manner in which it only survive the defeat and destruction conducts itself toward other unions, of those organizations which obstinately and its rules and general policy. The adhere to vicious principles and practices verdict of intelligence concerning most but the genuine progress of the labor of those matters is clear that movement will be substantially addiscussion would hardly be warranted. vanced every time such deserved deA wise policy will prevent any labor feat is administered. union from discouraging the introduc- While this progress is being made totion of improved machinery, from re- ward the attainment of better things fusing to accept or opposing fairly for- and substantial results are awaited, mulated efforts of employers to obtain the public properly searches for a means greater loyalty from employes, from of preventing or mitigating the counseling against the ownership of noyances and losses that spring from the homes, from upholding the boycott, interruption of production caused by from preventing the industrial edu- labor conflicts. Until employers and cation of intelligent youth and from employes learn such sweet reasonablepermitting controversies with other ness in bargaining together as to avoid unions to interrupt work or occasion strikes how shall their number and their inconvenience to blameless employers. evil consequences be reduced? ObThat particular organizations have griev- viously the demand is for a temporary ously erred in these matters is perhaps remedy for a difficulty which ought ultimuch better known than that some mately disappear.
With this have stood steadfastly for sound prin- fact kept carefully in view it is ciples.
safe to consider the remedy of arbitraThese defects in the current beliefs tion. This has actually been one form. and practices of some prominent labor To be arbitration at all it must be wholly organizations have been pointed out voluntary. The term compulsory arbiin no spirit of intolerance. The evils tration is self-contradictory, and howare wide-spread and serious; they must ever it may be disguised it really means be plainly pointed out and bravely over- the creation of new type of court encome; but they are not necessary ac- dowed with authority to make contracts companiments of such organizations. relating to labor services. ArbitrationIn fact, as to most of them the history voluntary arbitration-is of several highly successful unions can be grateful to the ear to which it comes cited to show that among organiza- as a substitute for the clash of bitter tions composed of the most intelligent industrial struggles that it seems unworkmen they are likely to be eliminated. gracious not to commend it without It is even more true that the much less
qualification. If men cannot agree what pardonable practices which involve black
be better than to submit their mailing employers and combinations differences to the settlement of a diswith unscrupulous representatives of interested and impartial third party? Capital to rob consumers and destroy If men cannot agree. This qualification competitors are merely temporary conse- begs the entire question. Reasonable quences of an early recognition of strength can agree and unreasonable men which is not restrained by a sobering must become reasonable or be replaced, consciousness of responsibility or by in industrial affairs, by those who are. ability to perceive the consequences of One way in which unreasonable men such injustice.
arrange for their own replacement is by ARBITRATION THAT DOES AND DOES NOT. getting themselves into situations out
The conclusion is that while the labor of which they cannot be extricated except problem must always persist, the or- through the
assistance of others. ganization of labor will continue and The adjustments of industry will increase its power to be of service too delicate to endure, without not only to workmen but also to society. injury all concerned, the freThe principle of organization will not quent interference of the disinter
ested. A strong personal interest is the element which is most effective in preventing irreparable mistakes. Arbitration may be the smaller of two evils, but no one should fail to recognize it as an evil.
Aside from the fact that it leaves the determination of matters of primary industrial importance to persons who will neither gain nor lose by the success or failure of the industry, it is evil in its consequences, because, when there is reason to rely upon its being arranged for, that fact constitutes an incentive to making, and insisting upon,
unreasonable demands. The easy going policy which consents to the submission of questions vitally concerning the welfare of an enterprise to persons who have no stake in its success naturally leads to the easygoing method on the part of arbitrators which is expressed by “splitting the difference” between the conflicting demands of both of the contending parties. This is the almost uniform result of arbitration. If
will turn to the decision and award of the recent Anthracite Coal Strike Commission you will find that that ablest and most impartial of arbitration boards was not able to avoid this nearly inevitable result. In its pages you will read the contradiction of every substantial averment of the striking mine worker. You will find that the wages of the employes of the anthracite operators did not, in April, 1902, compare unfavorably with those of bituminous miners or men in other employments of similar character. You will find that the conditions of life and the standard of living in the anthracite counties of Pennsylvania
not lower than in comparable regions. You will find that the substantial averment of the striking mine workers. You will find the United Mine Workers described as a body too strongly influenced by bituminous coal interests to be a safe factor in the anthracite industry. You will find that boys voted in its meetings and gave reckless tone to its management. You will find that the period of the great strike was one of lawlessness and violence, which the leader of the organi
zation could not or, at any rate, did not effectively check. So much the gentlemen of the Commission gathered from unimpeached and unimpeachable testimony, and so much they clearly, concisely and fearlessly set down in the permanent record of their arduous and graciously accepted task. But after bravely announcing these facts in terms quite equivalent to declaring that the strike had no justification, the Commission yield, as any other arbitrator would have yielded and as nearly all arbitrators will yield in future troversies, to the impulse, commendable in itself, to deal generously with those who have relatively little and awarded general advance in wages!
“COMPULSORY ARBITRATION. The term compulsory arbitration in the literal sense of the words is a verbal absurdity, but it refers to a definite idea and one fairly understood by all. Those who favor it urge that when men will not reasonably agree on a contract relating to wages or other conditions of employment, and will not agree to let some third party make a contract for them they ought to be compelled to adopt the latter course. The adherents of this view are very apt to begin the argument with the assertion that "there are three parties to every strike"the strikers, the employer and the public. They quite understate the number; there are five.
There is, of always the public or rather the consuming public. Then on the side of labor there are always those, mistaken and misguided, perhaps, but American freemen after all, and entitled to that liberty under the law which has been described as “freedom to do as you please and
take the consequences, who are willing to work on the terms rejected by the strikers; as well as those who have declined to work. On the side of capital, there may be supposed always to exist some one, over sanguine, perhaps, but entitled to experiment as he would with his own, who would employ the strikers on their own terms; as well as the former employer. Compulsory arbitration shuts its eyes to both those willing to work for the re
jected terms and those willing to become employers on the terms demanded. It sees only the old employers and the old employes and would force them to continue the industry on terms very likely to be unsatisfactory to both. Manifestly, when this court of so-called arbitration has issued its decree containing the terms of a new labor contract, it must have
effective means for its enforcement. But by what process, consistent with freedom, is an employer to be compelled to pay wages that he believes must lead to bankruptcy, or employes to work on terms which they regard as so unjust that they prefer idleness to their acceptance? Such power is beyond the limits of governmental authority, as they are established in the conditions essential to the preservation of human liberty. Men must be free to tract or not to contract, to work or to refuse to work, to remain in an ployment or to leave it, to utilize their wealth as capital or to withold it from the fields of production, to open their workshops or to close them, and there can be no limitation upon their rights in these particulars' except fixed by their own voluntary contracts, which does not dangerously reduce the liberties of the citizen. Public opinion may praise or condemn the in which you
I exercise legal rights and privileges, and in the face of it may
be driven to act otherwise than as we would. This pressure is legitimate, and when the public is not led astray by prejudice or wrongly instructed by damagogues the compulsion of its intelligent opinion often has salutary results.
There can be no objection to this sort of compulsion, and if it leads to the arbitration of individual disputes, which would otherwise have caused prolonged and bitter strikes, it probably leads to the choice of the least evil of the available ways of escape from a condition too evil in itself
not to result in some more or less permanent inconvenience. The difference between the compelling pressure of. public opinion and the exercise of governmental authority is wide. If such authority is used by officers of a government to which power to compel arbitration has not been delegated, then the government has undertaken to override its own laws, and regard for the law by the officers of government constitutes the whole difference between a despoțic government and one which rests on the will of free people. The humblest American citizen and the wealthiest American corporation alike entitled to exercise every right which they possess under the laws which the people have made, and when any particle of the power or the prestige attaching to official positions is used to curtail the liberty of either that or both is endangered. Public opinion may condemn a particular act which is not in violation of any law, and, if unanimous and strong, it will usually be obeyed; but the hand of government must never be lifted to hasten the compliance. So long as the act is legal, government and the officers of government have no business with it. If the popular respect attaching to the most exalted office in the land has ever been made a means of compelling men to submit to arbitration the manner in which they shall exercise the rights which no one denies are theirs, there has been misuse of official position and a precedent has been established which, if followed, will sooner or later seriously impair the quality of American liberty.
Compulsory arbitration has been rejected by organized labor, and when Americans generally comprehend what is meant by the term they will have none of it whether through statutory enactment by the unauthorized action of even the highest officer of their government.
*A RIDE IN THE ENGINE CAB OF THE TWENTIETH
Undoubtedly a conspiracy had been division superintendent at Chicago, beformed to prevent me from flunking. It gan to work the wires overtime after we had for its head W. C. Brown, vice presi had passed Elkhart. Finally as we apdent of the Lake Shore and New York proached Cleveland the baggageman Central Road and extended on down the came in with a yellow message which line through the general superintendent read: “See that Mr. X. is provided to the yardmaster at the Collingwood with a suit of jumpers, a cap and a banyards just out of Cleveland.
dana handkerchief." While I was being In an unguarded moment I had ex led into the baggage car and outfitted, pressed a desire to take a night ride on a the train pulled into the yards at Collocomotive during a fast run.
lingwood. There I entered the cab. “How would the Twentieth Century Jack Dollingshead, a somewhat dimindo?” asked the vice president in his utive fireman, gifted with Sandowic musquick and snappy business tone.
cles, said I could sit ahead of him, the “Bully," I replied in an off-hand way, farther ahead the less chance I would as though plunging through dense dark have of being thrown out of the cab ness at seventy miles an hour was my window. He also made a funnel of his customary after-dinner recreation.
hands and glued his mouth to my ear “There, that will fix you; I mean it,” to inform me that we were twenty-six declared Mr. Brown. “Here's
your minutes late and there was likely to be pass,” as the boy who had been sent “something doing.” The lights of the to C. F. Daly of the passenger depart Collingwood yard hadn't disappeared bement returned. “You take the train fore that "something doing" appeared here in a half-hour, get a good lunch in the unexpected form of a cloudburst, and then a fine dinner before you arrive which the papers said the next day was at Cleveland, and eight miles out of one of the worst in years. there you get on the engine and ride to In a trice there were three men in that Buffalo."
cab who could not have been I felt like a schoolboy caught at his drenched had they plunged into the pranks, but, swallowing a big lump, I Red Sea before the waters were parted. hastened to the depot and crawled into To make matters more delightful, the a dark corner of a Pullman, thinking torrents of rain which struck the boiler to escape detection.
It was no use,
for head instantly turned to blinding steam, man with brass buttons soon
which sizzled and hissed like a thoualong and thrust one of Mr. Brown's mis sand serpents and made “seein' things" erable telegrams in my hands. It read: at night impossible. In desperation, I “J. F. Dane, conductor train No. 26– crawled up behind the engineer, only to Inform Mr. X., who is a passenger on be struck in the back by a deluge of your train, that arrangements have been rain driven by a hurricane through the made for him to ride on the engine from opposite gangway and window. Finally Collingwood to Buffalo."
I landed in the center of the cab and “Do you have to do it?" asked Dane, stood there dancing an impromptu horna puzzled look on his face.
pipe as the big monster reeled and "If this keeps up I don't see how I twisted and jumped with the impact of can duck it," I replied gloomily.
a 500-ton train being hurled through Just as I would begin to sink into a space at a sixty-mile clip. feeling of security against detection an By the time Dollingshead discovered other Mr. Brass Buttons would show up that there was a nail under the window with another one of Brown's telegrams. sash and had extracted the same, I was To make matters worse, H. A. Ziessel, standing in a river of water in the steam
*From "Stories of the Street," in Chicago Record-Herald.
room of an improvised Turkish bath off for a straight down shoot of twentyhouse. When I crept up in front of Dol one miles.” lingshead again and looked ahead it was “We've had rotten luck,” he shouted, into black, inky, nothingness. I felt "and are thirty minutes late. Just creepy. How was the ossified sphinx watch your Uncle William over there over on the right side of the cab to see throw her down this hill.” the signals or the track? I asked the “Who threw that brick?" I asked the fireman if the operating rules did not fireman. call for reduced speed in such a storm. “Brick?" he laughed. “That
“Not for the Twentieth Century Lim only the town of Van Kuren which we ited when she's behind time,” screamed passed through." the little man oi muscle.
“You'll have to show if that “How do you do it?" I asked, thor thing flying at the cab was a town.” oughly frightened as she heeled over on “You couldn't see it. We came down the off side of a two per cent curve. that hill twenty-one miles in thisteen "Trust in luck and keep her going."
minutes, better than ninety-six miles
an hour." They kept her going all right, and I resolved that if luck favored me it would
Dollingshead was soon engaged in be the last time I would go further for
raking the fire, and as we swung around ward than the rear Pullman. Soaked
a sharp curve at the bottom of the hill
there not more than 1,000 feet ahead to the skin, I suddenly remembered that my doctor had told me that the one
was a fiend swinging a red lantern vigorously
the track, I thing I must avoid at all hazards was
bered that a 500-ton train going above wet feet.
sixty miles an hour could not be stopped "No matter where you are, or what
under 3,000 feet, and so I shut my eyes you are doing," cautioned the doctor,
and waited, expecting not to open them "if you get wet feet don't keep 'em."
again in this world. Wheelock made So I off with my dripping shoes and
three moves •simultaneously, reversing elevated my feet on the hot boiler head
the lever, closing the throttle and makand left them to dry out.
ing an emergency application of air. Dried out and the storm over, I be From the sound behind us I was sure gan to take an interest in things. Hav all five Pullmans and the baggage car ing heard of track tanks and of taking were piling on top of the engine and water when going forty-five miles an tender. Dollingshead had been unable hour, I wanted to see how it was done.
to get the rake out, and applying the Dollingshead motioned for me
air with the fire door open operated like down on the cab floor and look steadily a ten-horse-power bellows on a fiery furat two square holes in the forward tender
The cab instantly became filled platesover which iron doors swung loosely. with smoke and lurid flames, which When the water came rushing into the leaped upon Dollingshead, burning his tank with the force of a battering-ram hair, eyebrows and mustache and one the doors flew outward and a second side of his face. My suit of jumpers cloudburst occurred. Drenched to the
also was burned merrily. skin again, but still wiser, I was com Grasping the hose, he turned it on pelled to repeat the drying-out process me for the third cloudburst of the eveon the top of the boiler. Dollingshead ning. Before my conflagration was put apologized, but the grin on his face
out and the rake gotten out of the fire
box, we had shot past that red light, I had just gotten myself comfortably which, we discovered, was being swung fixed when I felt a sudden sensation akin for a train coming in the opposite dito the bottom falling out of everything. rection. Dollingshead rubbed oil on his The fireman sprang to his perch, and burns, and glancing at the engineer rueconfided to me that we had “dropped fully, said: “Bill if you're not careful over the brow of Ripley Hill, and were
you'll burn some one up some time."
killed it for me.