390 TIFF. QUESTIONS oF THE DAY. 



It is demanded that the state make and enforce a compul- 

 sory arbitration law for the settlement of disputes between 

 workmen and employers. To this it is objected, on tlie one 

 hand, that it is a violation of the freedom of contract, a matter 

 which has already been considered in reference to the eight- 

 hour day. A more definite objection is tiie claim that arbi- 

 tration might result in awards which the employer could not 

 comply with without ruin, and which, yet, could be enforced 

 against him, since he has property, while an award distasteful 

 to the workmen could not be enforced, since they can not be 

 forced to labor against their will. In regard to this, public 

 sentiment seems to be crystallizing in favor of official arbitra- 

 tion which shall not be compulsory. This involves the crea- 

 tion, as disputes may arise, of official boards of arbitration, 

 whose proceedings shall be official records, and which shall, in 

 cases of dispute, clearly formulate the issues, hear the evi- 

 dence, and render a decision, relying for the enforcement of 

 the decisions on the good sense and self-interest of the con- 

 tending parties and the power of public opinion. It is 

 believed that either side, which, after a fair arbitration, should 

 refuse to accept the verdict, would be unable to sustain itself 

 against the overwhelming force of public sentiment. In my 

 judgment this is emii^ntly wise and desirable. The mere 

 official formulation of the questions at issue, with an abstract 

 of the evidence on disputed points of fact, would place the 

 public itself in the position of an arbitrator, and might 

 usually be relied on to assure a just settlement, even without 

 the decision of a board. I believe farmers should favor such 

 legislation by all means in their powei". This i)resupposes 

 that both sides to a controversy shall in advance commit 

 themselves in writing to abide by the decision of the arbi- 

 trators. Should either party refuse this, I believe it would be 

 wise to arrange for a clear formulation of the issues by the 

 board, the presentation of the testimony upon the side which 

 is willing to arbitrate, a statement of the lacts u[)on the other 

 side according to the best information of the arbitrators, and 

 their conclusions in the light of all they have been able to 

 learn. In such cases I believe that public opinion would 

 soon force a settlement. 



