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“ YOU'LL NEVER CATCH ME IN THAT TRAP AGAIN, GENTLEMEN !"

UNCLE SAM'S LESSON-WILL HE PROFIT BY IT?

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WHAT MUST BE, MUST!"

GREECE PREPARING TO GO IN

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Y.J'Hempel

Sykes in the Philadelphia Evening Ledger

Satterfield in the Chicago Evening Post

AUSTRIA

sahur

BOTE

THE TEST

THE GERMIN FAMINE "If only the dove of peace would come !" “Yes, we might roast her!"

PEACEFUL DREAMS OF FOOD

CAN AL'STRIA KEEP THE RUSSIAN BEAR OUT?

CAN STRIKES BE PREVENTED?

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spirit which will represent the international CAN STRIKES BE PREcourage of its people.

VENTED? THE "REVISTA UNIVERSAL

In the tumult and confusion of the present The “ Revista Universal,” or “Universal labor war there is one fundamental principle Review," a Spanish illustrated monthly maga- which needs to be affirmed, maintained, and, zine which has been published in New York if necessary, fought for: the principle that in City for two years, has recently changed America the majority govern. hands. It may not be apparent at once why This is a government by the people, for this fact should be recorded in The Outlook, the people. Government by the few imbut the new owners of this review have an- posed on the people is un-American, undemonounced a policy all too rare among any peri- cratic, unjust, and unendurable. It is quite odicals, and so rare among Spanish-American immaterial whether that government is imperiodicals that we consider it noteworthy. posed by a political bureaucracy, a landed Though the new owners of the magazine are aristocracy, moneyed lords, or organized admittedly in sympathy with the cause of labor. Three or four weeks ago four hunliberalism in Mexico as represented by Car-' dred thousand men demanded that the ranza, they have undertaken to publish a United States Government establish eight journal of impartial and independent views hours as the standard labor day for our raildesigned to promote more intimate relations ways, and threatened to deprive the Amerand good feeling among all the countries of ican people of their highways if the demand Pan-America.

were not granted. Whether the eight-hour day The “ Revista Universal,” says the open- is practicable or impracticable, whether it is ing announcement of the editors, “proposes reasonable or unreasonable, should have been to undertake a work of unification, of spirit, decided by the hundred million people, not by and of hope; and if there is a Pan-American the four hundred thousand railway employees. ideal, and, above all, a Pan-Iberian-American The same principle is involved in the labor ideal—this will be its ideal, synthesized in disturbances in New York City. There are the inspiring motto of the last Pan-American five million people residing in New York City. Congress at Washington : One for All and It is estimated that one million people use the All for One.''

subways, elevated railways, and surface lines The “Review” undertakes to inform its every day. A few thousand men are attemptreaders on all important “ social, economic, ing to tell these million citizens on what conand political questions of the twenty-one ditions they may use those cars, and to enforce countries which form the great Pan-American the authority which they have assumed they family," and it hopes to draw upon the abili- have called for a sympathetic strike—that is, ties of the best Spanish writers and authors they are endeavoring to stop all the industries in the Western Hemisphere.

on which the life of the city depends in order It is a high ideal which this magazine has to compel the city to submit to their authority. taken for itself, an ideal difficult to attain. The labor leaders affirm that the President But the first number of the “ Revista Uni- of the Interborough Company is attempting to versal ” contains much promise of adequate prevent the existence of labor organizations, fulfillment. Although, as above mentioned, and that they are fighting for the right of workthe editors of the journal are in sympathy ingmen to organize. The President of the Interwith Carranza, the leading article is contrib- borough Company affirms that he is not oputed by a man whose hostility to the cause posed to labor organizations, but believes in the of the First Chief is well known, and another right of individual workingmen to make indiarticle sings the praises of the Mexican vidual contracts, if they prefer to do so. We painter Father P. G. Carrasco, a Jesuit priest, believe in the right of workingmen to organize although the antipathy of the Constitutional- and to substitute collective bargaining for indiists to the clerical orders of Mexico hardly vidual bargaining. We believe in the right of needs mention. The English translations of workingmen not to organize and to depend on the more important articles in the “ Revista individual contracts if they prefer to do so. Universal” which its editors plan to furnish But we emphatically deny the right of either to American journals may well be an impor- labor unions or corporations to deprive New tant service to the latter in the discussion of York City of its means of transit while they Latin-American affairs.

fight out this issue. The counsel of the Interborough Company is quoted as saying: tion created with no reference to a particular “ I believe this country is in the same posi- dispute. Great pains are taken to make it tion as it was when Lincoln said it could not non-partisan. In a jury trial no one is allowed exist half free and half slave. I believe it to act as juror who has any interests or prejucannot exist half union and half non-union." dices in favor of either party. Care usually We do not believe that he is right. But the is, and always ought to be, taken to secure question whether he is right or wrong is not as judges men of judicial temper, free from one to be decided for the five million people personal, class, or political prejudices. The of New York City by the Interborough cor- object of the court is not to settle a controporation or by the labor unions, or by a battle versy, but to secure justice, and it is expected royal between the two ; it is one to be de- to consider, and generally does consider, not cided for the city of New York by the five merely the interests of the contestants, but million people who live in the city of New also those of the general public ; in fact, York, or possibly by the ten millions who live public policy frequently determines its judg. in New York State. When the question of ment. As soon as its judgment is declared, a strike was submitted to a mass-meeting of that judgment becomes as much a part of the employees, it is said that their shouts of law of the land as an act of the legislative “ Strike ! Strike ! Strike !" could be heard a body, and the whole police and military power mile away. What sort of a deliberative as- of the State and, if necessary, of the Nation sembly is that to determine for the people of is pledged to enforce it. New York City on what terms and conditions One way out of the present industrial sitthey may use their highways ?

uation would be the creation, not of comWe do not here contend for the right of pulsory arbitration, but of a special judicial labor to organize, though we have always tribunal with power to bring before it the maintained that right; nor for the right of parties to any industrial dispute affecting the individual laborer to work without be- National, State, or municipal highway, hear longing to an organization, though we have the respective claims of the parties, examine always maintained that right. We contend witnesses, require the production of books for the right of the American people to and papers, and authoritatively decide the determine on what conditions their public controversy, a decision which it would then highways, Federal, State, and municipal, be the duty of the police and, if necessary, shall be carried on. All claims, whether of of the military power of the Government to capitalists or laborers, are subordinate to the enforce. fundamental right of the majority to pass We have heretofore pointed out how such upon those claims and to enforce their de- decision could be enforced on the corporacision on both employers and employed. tion. If it refused or failed to obey the

The reader will ask, How do you propose decision of the court, the court could put the to accomplish this result? We here point corporation into the hands of a receiver who out one way in which it can be accomplished. would execute the decree, exactly as the

A few words of preliminary definition are court now puts a corporation into the hands necessary to make clear what follows. of a receiver if it fails to pay the interest on

There is a great difference between an its bonds. We have also pointed out the arbitral tribunal and a court of justice. The truth that freedom of contract does not mean difference is not merely nominal ; it is vital. that parties are free to keep or break their

Arbitration is generally arranged after the contracts at pleasure. When a contract is controversy has arisen and while prejudices and made, the law enforces the keeping of the passions are excited. It usually works through contract. The law might require all conone or more representatives selected by each tracts for employment on a railway, Federal, of the contestants to represent their respect- State, municipal, to run for a definite term, ive interests, and an umpire chosen by them; as for one or two years. If this were the thus it is a bi-partisan tribunal with a non- case, and men were taken into the service at partisan umpire. Its decision is naturally different times, their contracts would expire and almost necessarily a compromise. And at different times. They could not, thereit has no inherent power to enforce its de- fore, lawfully combine to leave in a body, cree, though power may be, and sometimes nor could any employee be discharged is, created by law for its enforcement. except for cause on complaint presented and

A court of justice is a permanent organiza- hearing given. If the men felt themselves

1916

THE POLICY OF REPRISAL

123

aggrieved, a complaint could always be lodged the President to deny the use of the United with the court and correction demanded, and States mails, telegraphs, cables, wireless, and it could be lodged by any individual or by express service to British and French subany group of individuals. If an employee jects or firms, if their Governments restricted was discharged and complained of the in American mails or trade. It is believed that justice of his discharge, the law might pro the Phelan Amendment was opposed by the vide that his wages should continue until State Department. the court had passed upon his complaint. The Outlook has already expressed its conIf any man left his employment before the viction (August 2, 1916, page 775) that a expiration of his contract, he would render foreign nation has a legal right to restrict the himself liable to arrest, fine, and possibly trade of its own subjects, and therefore to imprisonment. If any conspiracy was formed prohibit its subjects from dealing in certain in order to induce the men to leave in materials or with certain specified citizens of a body in violation of their contracts, other countries. We believe, also, that it the conspirators could be arrested, and, it has a moral right to do this if in its judgment convicted, fined or imprisoned, or both. In the national exigency is sufficiently great to brief, such a tribunal, possessing the combined warrant such a course. Whether it has any powers of a civil and a criminal court, would right to interfere with the mails is a much establish, not only for the parties but for the more serious question. In general, the inviopeople, the judicial method of securing juz- lability of the mails is a National right. tice, which civilization has long since estab We do not propose here, however, to dislished in lieu of war for the settlement of cuss these legal questions. It is evident that private quarrels, and is tending to establish in they are both questions on which lawyers of lieu of war for the settlement of international eminence are not entirely agreed. Nor do quarrels, and should long since have estab we here consider the wisdom of Great Britlished in lieu of war for the settlement of ain's policy. We think that it was unwise; that industrial quarrels.

it will do her cause more harm by provoking No doubt objections may be urged against hostility in neutral countries than it can this plan, or against any plan which the wit possibly do her cause good by inflicting inof man can devise. The question for the jury upon her enemies or restricting trade by thoughtful student of affairs is whether the which they might profit. We have here, howobjections to some such plan are as great as ever, simply to consider the righteousness those to the present no-plan, which leaves the and the wisdom of the action of our own community helpless while the quasi-owners Congress. Concerning that, two principles and the operators of our public highways may be laid down, we think, with confident fight out the questions as to wages and assurance of their correctness. conditions of labor which are sure to arise I. The question whether Great Britain between them from time to time.

and France have a right to prohibit their Of some other possible plans we may citizens from trading with certain of our citispeak in future issues of The Outlook. zens, and the question whether they have a

right to open American mails if they have

reason to think those mails are carrying aid THE POLICY OF REPRISAL to their enemies, are both questions which

can properly be referred to a disinterested Congress has enacted a measure giving tribunal for setilement. A protest against the President power to take action of a dras any interference with our trade or with our tic nature against the British and French mails, .even by prohibitions laid upon their Governments. This action provides that the own citizens, would lay a foundation for a President may withhold clearance from ves demand in the future for compensation in sels that discriminate against any American rectification of the wrong, for whatever wrongs citizen or firm or from vessels of any nation are done by such interference are of the kind that restricts the commerce of American that can be measurably compensated for by ships or citizens. An accompanying measure, apology and damages. They are certainly known as the Phelan Amendment, adopted far less than the wrongs inflicted upon us by by the Senate but struck out in conference, Great Britain's careless or possibly intentional and rightly regarded by its critics as even acts in all ng cruisers to be fitted out in more dangerous in its possibilities, authorized British ports to prey upon American com

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