Page:The New International Encyclopædia 1st ed. v. 10.djvu/688

INDUSTRIAL ABBITBATION. C02 INDUSTRIAL COMMISSION. nttractod by the signal success of iin uiionicial board wliicii o])t'ratos in the coal-mining industry of Illinois. The ailivity of thi.s board dates Ironi 18'.)S. and since that year innumerable fjrievanees which niifjlit have led to strikes have l)een ami- cably adjusted. When such disputes arise, rep- resentatives of the coal operators and of the United Mine Workers (q.v.) meet, together wiUi the miners and operators immediately interested. The mere discussion of the points at issue fre- quently results in explaining away alleged griev- ances. Ollicial boards of arbitration were established in Massacnusetts and New York in 188li. At present twenty-four States in the Union have Made slalulory or constitutional provision for industrial arbitration or conciliatiim. Seven- teen of these contemjilate the administration of arbitration through permanent boards: ilassa- eliu.setts. New York, ,Monlana, Miehit;an, Cali- fornia, New .lersey, Ohio. Louisiana. Wisconsin, Minnesota, Connecticut. Illinois. L'tali, Indiana, Idaho, Colorado, and Kansas. The Constitution of Wyoming directs the Legislature to establish courts of arbitration to determine all disputes between employer and employed. Provision is made for appeals to the Supreme Court from the decision of compulsory boards of arbitration. Kansas enacted compulsory arbitration in 18118, but in the following year the enactment was de- clared unconstitutional. In addition to the State Cfurts, tfm])'>rary tribunals wfrc created by I'ederal statute in 1888 to settle grievances be- tween railroads engaged in interstate connnerce and their employees. These tribi!ials consisted of one member chosen by each party, and a third chosen by these two. The law was repealed in 1898, but was reijnaeted in the same year in its essential features. The org-.mization of the State boards varies in detail, but tli",' feature of eipnil roprescntalinn of employers and employed is general. Their prin- cipal function is to investigate disputed ques- tions, conciliation rather than arbitration being the end in view. In Massachusetts the arbitra- tion board has power to summon witnesses, to take testimony under oath, and to require books and writings to be produced. The results of the investigation may be made public at any point in the proceedings. In other States the powers of the courts or boards are generally of a similar nature. The Massachusetts board has w<m n national reputation for eiTiciency, and while tin- able to prevent all strikes, has unquestionably done much to diminish their frequency. • An examination of the workings of boards of voluntary arbitration shows that for the settle- ment of disputes which are due to niisunder- slnndings, or which involve matters of minor im portnnce. their usefulness is unquestioned. Wher- ever they have been judiciously conducted they have served to lessen friction between eni]doyer and employed, and have often averted strikes and lockouts. But there are certain questions of general policy which have defied settlement by voluntary arbitration. Such, for example, are the recognition of labor organizations by the em- ployer, exclusion of non-union labor from em- ployment, a general and material increase or lowering of wages. These questions are still usually determined by the strength and endur- ance of the contending parties. Investigations by impartial boards of arbitration may direct pub- lic sentiment, and so may bring pressure to bear upon the party whose ethical pcjsilion is the weaker. But this pressure ha.s not proved suf- licienl to prevent prolonged strikes, causing wide- spread distress to the public, as well as to the parties to the struggle. It is for tliis reason that a growing sentiment manifests itself in favor of eomjiulsory arbitration. It is pointed out that under a system of industrial concent ration a strike may wholly cut oil the sui>ply of one of the necessaries of life — a condition which is mani- festly intolerable. Advi>cates of compulsory arbi- tration point to the example of New Zcalanil, where for seven years disputes have been adjudi- cated without cessation of industry. ()p|)onenls of compulsory arbitration are, however, no less decided in their views than are the advocates of it. It IS i>oiuted out that laborers will frequent- ly demand terms to which employers can accede only by producing at a loss ; and that courts of aibitration, binder the inlluciu-e of a public senti- ment naturally favorable to the laborer, will often give awards which will discourage business enterprise. It is alleged that this is the case in New Zealand, although this is vehemently di- nied, and there is no evidence that capital is with- drawing from the colony. Moreover, it would obviously k dillicult to force the laborers to abide by a decision unfavorable to them, since nun cannoi be comiiellcd to continue to work against their will. The iiicor|M>ration of laborers into associations with colU'clive responsibility (see Tradk Union.s) is advocated as a mcasire which will obviate this dilliculty ; but such a measure is strongly opposed by the better or- ganized labor unions, as well as by those who view with suspicion anj' tendency away from in- dividual freedom and responsibility. In spile of the difnculties which bes<'t compulsory arbitra- tion, however, it would appear to be obvious that scH'ial welfare demands that judicial means should bi- developed for settling i)eaeefully those disputes whiiOi can now be .settled only through strikes involving untold losses and sulTcring. BiuLior.RAiMlY. Article "Arbitration and Con- ciliation." in Enciiclojtwdia of .S'ocih/ J'cform (W. D. P. Bliss, editor. New York, 1807): .Jeans, Conciliation and Arhilnition in Labor Dis/mloi (London, 1804) : Kiipke, Vehcr fietcerblichc Srhiedsrrcrichfe (Zurich. 180.5) ; Brumel, Dc la rntwilialion en maliirc commcrciali: (Paris, 1808) : Lloyd, .1 Country Without fflrihrs (New- York, lOnO) ; Conprfsx on Industrial Concilia- tion and Arbitration (Chicago, 1804) ; ila^sa- rliusclt.i l^tate Board of Arbitration, Annual Re- ports (Boston, 188G-1001) ; Report of Industrial Commission, vol. xvii. (Washington, 1001). INDUSTRIAL COMMISSION. A nnn par- tisan commission, created by act of Congress, .Tune 18, 1808. to investigate indu.strial condi- tions, and to suggest Federal and State legisla- tion for the better regulation and adjustment of conflicting indu.strial interests. The commission crnsisted of 10 members, of whom 5 were Sena- tors, appointed by the president of the Senate. !y representatives, appointed by the Speaker of the House, and 9 especially qualified persons, ap- pointed by the President with the consent of the Senate. The specific duties of the commission were, first, to investigate questions of immigra- tion, labor, agriculture, manufacturing, and busi- ness, and. second, to suggest, on the basis of the