262 



CONGRESS. (LABOR QUESTIONS.) 



the claims of labor wantonly attack the rights of capi- 

 tal, and for selfish purposes or the love of disorder 

 sow seeds of violence and discontent, should neither 

 be encouraged nor conciliated, all legislation on the 

 subject should be calmly and deliberately undertaken, 

 with no purpose of satisfying unreasonable demands 

 or graining partisan advantage. 



The present condition of the relations between 

 labor and capital are far from satisfactory. The dis- 

 content of the employed is due in a large degree to 

 the grasping and heedless exactions of employers and 

 the alleged discrimination in favor of capital as an 

 object of governmental attention. It must also be 

 conceded that the laboring-men are not always care- 

 ful to avoid causeless and unjustifiable disturbance. 



Though the importance of a better accord between 

 these interests is apparent, it must be borne in mind 

 that any effort in that direction by the Federal Gov- 

 ernment must be greatly limited by constitutional re- 

 strictions. There are many grievances which legisla- 

 tion by Congress can not redress, and many condi- 

 tions which can not by such means be reformed. 



I am satisfied, however, that something may be 

 done under Federal authority to prevent the disturb- 

 ances which so often arise from disputes between em- 

 ployers and the employed, and which at times seri- 

 ously threaten the business interests of the country ; 

 and, in my opinion, the proper theory upon which'to 

 proceed is that of voluntary arbitration as the means 

 of settling these difficulties. 



But I suggest that instead of arbitration chosen in 

 the heat of conflicting claims, and after each dispute 

 shall arise, there be created a commission of laoor, 

 consisting of three members, who shall be regular offi- 

 cers of the Government, charged among other duties 

 with the consideration and settlement, when possi- 

 ble, of all controversies between labor and capital. 



A commission thus organized would have the ad- 

 vantage of being a stable body, and its members, as 

 thev gained experience, would constantly improve in 

 their ability to deal intelligently and usefully with 

 the questions which might be submitted to them. If 

 arbitrators are chosen for temporary service as each 

 case of dispute arises, experience and familiarity with 

 much that is involved in the question will be lacking, 

 extreme partisanship and bias will be the qualifica- 

 tions sought on either side, and frequent complaints 

 of unfairness and partiality will be inevitable. The 

 imposition upon a Federal court of a dutv so foreign 

 to the judicial function as the selection of an arbitra- 

 tor in such cases is at least of doubtful propriety. 



The establishment by Federal authority of such a 

 bureau would be a just and sensible recognition of 

 the value of labor, and of its right to be represented 

 in the departments of the Government. So far as its 

 conciliatory offices shall have relation to disturbances 

 which interfere with transit and commerce between 

 the States, its existence would be justified under the 

 provisions of the Constitution which gives to Con- 

 gress the power "to regulate the commerce with for- 

 eign nations and among the several States." And in 

 the frequent disputes between the laboring-men and 

 their employers, of less extent, and the consequences 

 of which are confined within State limits and threaten 

 domestic violence, the interposition of such a com- 

 mission might be tendered upon the application of 

 the Legislature or Executive oi a State, under the con- 

 stitutional provision which requires the General 

 Government to "protect " each of the States " against 

 domestic violence." 



If such a commission were fairly organized the risk 

 of a loss of popular support and sympathy resulting 

 from a refusal to submit to so peaceful an instrumen- 

 tality would constrain both parties to such disputes 

 to invoke its interference and abide by its decisions. 

 There would also bo good reason to hope that the 

 very existence of such an agency would invite appli- 

 cation to it for advice and counsel, frequently result- 

 ing in the avoidance of contention and misunder- 

 standing. 



If the usefulness of such a commission is doubted 

 because it might lack power to enforce its decisions. 

 much encouragement is derived from the conceded 

 good that has been accomplished by the railroad com- 

 missions which have been organized in many of the 

 States, which, having little more than advisory pow- 

 er, have exerted a most salutary influence in the set- 

 tlement of disputes between conflicting interests. 



In July, 1884, by a law of Congress, a Bureau of 

 Labor was established and placed in charge of a Com- 

 missioner of Labor, who is required to collect infor- 

 mation upon the subject of labor, its relations to capi- 

 tal, the hours of labor, and the earnings of laboring 

 men and women, and the means of promoting their 

 material, social, intellectual, and moral prosperity. 



The commission which I suggest could easily be 

 ingrafted upon the bureau thus already organized 

 by the addition of two more commissioners, and by 

 supplementing the duties now imposed upon it by 

 such other powers and functions as would permit the 

 commissioners to act as arbitrators when necessary 

 between labor and capital, under such limitations 

 and upon such occasions as should be deemed proper 

 and useful. 



Power should also be distinctly conferred upon this 

 bureau to investigate the causes of all disputes as 

 they occur, whether submitted for arbitration or not. 

 so that information may always be at hand to aid 

 legislation on the subject when "necessary and desira- 

 ble. GEOVBR CLEVELAND. 



EXECUTIVE MANSION, April 22, 1886. 



June 9,1886, the following bill, for incorpo- 

 rating national trades-unions, passed the Sen- 

 ate without a division : 



Be it enacted, etc., The term "National Trade-Un- 

 ion," in the meaning of this act, shall signify any asso- 

 ciation of workinge-pople having two or more 

 branches in the States or Territories of the United 

 States for the purpose of aiding its members to be- 

 come more skillful and efficient workers ; the promo- 

 tion of the general intelligence ; the elevation of their 

 character; the regulation of their wages and their 

 hours and conditions of labor ; the protection of their 

 individual rights in the prosecution of their trade or 

 trades ; the raising of funds for the benefit of the sick, 

 disabled, or unemployed members, or the families of 

 deceased members ; or for such other object or objects 

 for which working-people may lawfully combine, hav- 

 ing in view their mutual protection or "benefit. . . . 



SECTION. 3. That national trade-unions shall, upon 

 filing their articles of incorporation in the office of the 

 recorder of the District of Columbia, become a corpo- 

 ration under the technical name by which said na- 

 tional trade-union desires to be known to the trade, 

 and shall have the right to sue and be sued, to impleaa 

 and be impleaded ; to grant and receive in its cor- 

 porate or technical name, property, real, personal, and 

 mixed, and to use said property, and the proceeds and 

 income thereof, for the objects of said corporation as 

 in its charter defined : Provided, That each incorpo- 

 rated union may hold only so much real estate as may 

 be necessarv for the purposes of the corporation. 



SEC. 4. That an incorporated national trade-union 

 shall have power to make and establish such constitu- 

 tioiij rules, and by-laws, as it may deem proper to 

 carry out its lawful objects and the same to alter, add 

 to, or repeal at pleasure. 



SEC. 5. That an incorporated national trade- union 

 shall have power to define the duties and powers of 

 all its officers, and prescribe their mode of election and 

 term of office ; to establish branches and sub-unions 

 in any Territory of the United States. 



SEC. 6. That the headquarters of an incorporate^.! 

 national trade-union shall be located in the District of 

 Columbia. 



June 11, this measure passed the House 

 without a division, and on June 29 it was ap- 

 proved by the President. 



