volume 1, part 2, page 499.

An English officer, Major Younghusband, who visited Manila at this time, remarked: "It may, perhaps, with some confidence be prophesied that when the cold fit, which will in due course follow the warmth of the present enthusiasm, falls on the nation, America will discover that the true parting of the ways was … in having allowed Admiral Dewey to do more than defeat the Spanish fleet and exact a heavy indemnity from the city of Manila before sailing away." It would seem to be more true, however, to say that the parting of the ways was when a military expedition was sent from San Francisco to Manila, to be landed, for the capture of the city and for the occupation of the islands. It is claimed with reason that Admiral Dewey could not "sail away," after the destruction of the Spanish ships, because he needed the harbor he had seized, his fleet having lost most of the privileges it had formerly been using in neutral ports, when it became the fleet of a belligerent power. To retain possession of Manila Bay while it was needed by the American fleet was clearly a measure connected legitimately with the general conduct of the war against Spain. But it is difficult to see that the landing of soldiers on the island of Luzon and the capture of the city of Manila added anything to the security with which the Bay was held for the purposes of Admiral Dewey's fleet, or that it contributed at all to the weakening of Spain in the war, and to the rescue of Cuba from Spanish misrule. For two months, from the first day of May until the last day of June, before a soldier arrived, and for six weeks longer, before Manila surrendered, Admiral Dewey appears to have been as fully and as conveniently in possession of all the advantages that harborage there could give him, as he was after the Spanish flag had been lowered in the city and on the island. Therefore, the American conquest of the Philippines does not readily connect itself with the war for the liberation of Cuba, as a necessary part of it, but presents itself to the mind as a somewhat supplementary enterprise, undertaken with objects of its own.

UNITED STATES OF AMERICA: A. D. 1898 (May-August). Conduct of English and German naval officers at Manila.

While Admiral Dewey was holding Manila Bay, before the taking of the city, there were many rumors and exciting stories afloat, of offensive behavior towards the American fleet by commanders of German war ships that were sent to the scene. As far as possible, the facts were officially suppressed, in order to avoid a quarrel between the two countries, and no authoritative account of what occurred can be found. But some incidents obtained publicity which are probably true in the main. The first unpleasant happening appears to have been the arrival in Manila Bay of a German naval vessel, which steamed in with entire disregard of the blockading fleet, as though the port was its own. Thereupon Admiral Dewey sent a forcible reminder to the captain that he was intruding upon a blockade, by firing a shot across his bow, and ordering him to heave to. The German captain, in a rage, is said to have called on the commanding officer of a British squadron that was in the Bay, for advice as to what he should do, and was told that he owed the American Admiral an apology for his violation of naval etiquette, well settled for such circumstances as those existing in Manila Bay. According to the story, the British commander, Captain Sir Edward Chichester, himself on the best of terms with Admiral Dewey, visited the latter, on behalf of the German officer, and made the matter smooth. {599} But, either through indiscretion of his own, or because he had instructions to interfere as much as possible with the proceedings of the Americans, the German commander continued to pursue an offensive course. According to report, be went so far as to stop a movement which Aguinaldo (then a recognized ally of the United States) was making, to take possession of a certain island, and to capture some Spaniards who were on it. This provoked Admiral Dewey to a demonstration against him so threatening that he drew back in haste, and the island was occupied.

According to all accounts, Admiral Dewey showed unsurpassed wisdom and dignity in meeting and checking these offensive proceedings without allowing them to become a cause of international quarrel; and he was happily aided in doing so by the hearty support of the British naval commander. According to still another report of the time, a German admiral, who had come upon the scene, meditated an interference to forbid the bombarding of Manila, when the city was about to be attacked, and, calling upon Sir Edward Chichester to ascertain what action the latter would take, was significantly told, "That is only known to Admiral Dewey and myself,"—which convinced him that his project was not wise. An English writer has related, with much satisfaction, that when Sir Edward's ship, the "Immortalité," finally steamed out of Manila Bay, returning to Hong Kong, "every ship in the American fleet manned her yards and gave the British man-of-war three cheers as she passed along; and she with the answering signal, 'thank you,' flying at her mast-head, went on her way."

UNITED STATES OF AMERICA: A. D. 1898 (June). Act creating the United States Industrial Commission.

An Act "authorizing the appointment of a non-partisan Commission to collate information and to consider and recommend legislation to meet the problems presented by labor, agriculture, and capital," was passed by Congress and approved by the President June 18, 1898. It provided:

"That a commission is hereby created, to be called the 'Industrial Commission,' to be composed as follows. Five members of the Senate, to be appointed by the presiding officer thereof; five members of the House of Representatives, to be appointed by the Speaker, and nine other persons, who shall fairly represent the different industries and employments, to be appointed by the President, by and with the advice and consent of the Senate. … That it shall be the duty of this commission to investigate questions pertaining to immigration, to labor, to agriculture, to manufacturing, and to business, and to report to Congress and to suggest such legislation as it may deem best upon these subjects. … That it shall furnish such information and suggest such laws as may be made a basis for uniform legislation by the various States of the Union, in order to harmonize conflicting interests and to be equitable to the laborer, the employer, the producer, and the consumer. … That the commission shall give reasonable time for hearings, if deemed necessary, and if necessary it may appoint a subcommission or subcommissions of its own members to make investigation in any part of the United States, and it shall be allowed actual necessary expenses for the same. It shall have the authority to send for persons and papers and to administer oaths and affirmations. … That it may report from time to time to the Congress of the United States, and shall at the conclusion of its labors submit a final report."

The Commission thus contemplated was duly appointed by the President, and organized by the election of Senator Kyle for its chairman. For the scope and plan of its investigations a committee on procedure made the following recommendations, which were adopted by the Commission and which have been followed in what it has done:

"The main work of the Commission may … be said to be to study and compare existing laws bearing upon industrial conditions, here and elsewhere, to ascertain by competent testimony wherein they are deficient, defective, inoperative, or oppressive, and to recommend such remedial statutes as will tend not only to make the conditions of industry more uniform as between the several States, but to remove such existing sources or causes of discontent, inequality, and injustice as can be reached and regulated through legislation. … In order to secure satisfactory results, it appears to your committee imperatively necessary that the work shall be confined strictly to the main purpose, viz, of ascertaining the nature and effects of existing legislation, and the nature of remedial legislation which may be necessary or desirable to equalize conditions in industry and to remove any just grounds of complaint on the part of either labor or capital or of the people at large.

"To facilitate the progress of the work we recommend the division of the Commission into four subcommissions of five members each, to be severally charged with the investigation of present conditions and the formulation of remedial suggestions in the following branches of industry:

1. On agriculture and agricultural labor.

2. On the conditions of labor and capital employed in manufacturing and general business.

3. On the conditions of labor and capital employed in mining.

4. On transportation.

In addition, we recommend a fifth subcommission, to be known as the subcommission on statistics, in the membership of which there shall be one representative of each of the above subcommissions. …

"The committee also suggests that there are certain subjects of inquiry which appertain equally to all the groups into which it has recommended that the Commission be segregated. The subjects of immigration, of education, of combinations and trusts, and of taxation at once suggest themselves as belonging in this category. It is therefore recommended that these subjects, one or more of them, be examined into by the full Commission pending the organization of the several subcommissions."

The subject to which the Commission gave earliest attention was that of "Trusts and Industrial Combinations," on which it submitted a preliminary report on the 1st of March, 1900.

See (in this volume) TRUSTS.

{600}

UNITED STATES OF AMERICA: A. D. 1898 (June). Act providing for the arbitration of disputes between employers and employees in inter-state commerce.

The following are the main sections of a very important Act of Congress, approved June 1, 1898, which provides for the arbitration of disputes between railway and other employees engaged in interstate commerce and the companies or individuals employing them:

"That the provisions of this Act shall apply to any common carrier or carriers and their officers, agents, and employees, except masters of vessels and seamen, … engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water, for a continuous carriage or shipment, from one State or Territory of the United States or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States. …

"Section 2. That whenever a controversy concerning wages, hours of labor, or conditions of employment shall arise between a carrier subject to this Act and the employees of such carrier, seriously interrupting or threatening to interrupt the business of said carrier, the chairman of the Interstate Commerce Commission and the Commissioner of Labor shall, upon the request of either party to the controversy, with all practicable expedition, put themselves in communication with the parties to such controversy, and shall use their best efforts, by mediation and conciliation, to amicably settle the same; and if such efforts shall be unsuccessful, shall at once endeavor to bring about an arbitration of said controversy in accordance with the provisions of this Act.

"Section 3. That whenever a controversy shall arise between a carrier subject to this Act and the employees of such carrier which can not be settled by mediation and conciliation in the manner provided in the preceding section, said controversy may be submitted to the arbitration of a board of three persons, who shall be chosen in the manner following: One shall be named by the carrier or employer directly interested; the other shall be named by the labor organization to which the employees directly interested belong, or, if they belong to more than one, by that one of them which specially represents employees of the same grade and class and engaged in services of the same nature as said employees so directly interested: Provided, however, That when a controversy involves and affects the interests of two or more classes and grades of employees belonging to different labor organizations, such arbitrator shall be agreed upon and designated by the concurrent action of all such labor organizations; and in cases where the majority of such employees are not members of any labor organization, said employees may by a majority vote select a committee of their own number, which committee shall have the right to select the arbitrator on behalf of said employees. The two thus chosen shall select the third commissioner of arbitration; but, in the event of their failure to name such arbitrator within five days after their first meeting, the third arbitrator shall be named by the commissioners named in the preceding section. A majority of said arbitrators shall be competent to make a valid and binding award under the provisions hereof. The submission shall be in writing, shall be signed by the employer and by the labor organization representing the employees, shall specify the time and place of meeting of said board of arbitration, shall state the questions to be decided, and shall contain appropriate provisions by which the respective parties shall stipulate, as follows:

"First. That the board of arbitration shall commence their hearings within ten days from the date of the appointment of the third arbitrator, and shall find and file their award, as provided in this section, within thirty days from the date of the appointment of the third arbitrator; and that pending the arbitration the status existing immediately prior to the dispute shall not be changed: Provided, That no employee shall be compelled to render personal service without his consent.

"Second. That the award and the papers and proceedings, including the testimony relating thereto certified under the hands of the arbitrators and which shall have the force and effect of a bill of exceptions, shall be filed in the clerk's office of the circuit court of the United States for the district wherein the controversy arises or the arbitration is entered into, and shall be final and conclusive upon both parties, unless set aside for error of law apparent on the record.

"Third. That the respective parties to the award will each faithfully execute the same, and that the same may be specifically enforced in equity so far as the powers of a court of equity permit: Provided, That no injunction or other legal process shall be issued which shall compel the performance by any laborer against his will of a contract for personal labor or service.

"Fourth. That employees dissatisfied with the award shall not by reason of such dissatisfaction quit the service of the employer before the expiration of three months from and after the making of such award without giving thirty days' notice in writing of their intention so to quit. Nor shall the employer dissatisfied with such award dismiss any employee or employees on account of such dissatisfaction before the expiration of three months from and after the making of such award without giving thirty days' notice in writing of his intention so to discharge.

"Fifth. That said award shall continue in force as between the parties thereto for the period of one year after the same shall go into practical operation, and no new arbitration upon the same subject between the same employer and the same class of employees shall be had until the expiration of said one year if the award is not set aside as provided in section four. That as to individual employees not belonging to the labor organization or organizations which shall enter into the arbitration, the said arbitration and the award made therein shall not be binding, unless the said individual employees shall give assent in writing to become parties to said arbitration. …

"Section 7. That during the pendency of arbitration under this Act it shall not be lawful for the employer, party to such arbitration, to discharge the employees, parties thereto, except for inefficiency, violation of law, or neglect of duty; nor for the organization representing such employees to order, nor for the employees to unite in, aid, or abet, strikes against said employer; nor, during a period of three months after an award under such an arbitration, for such an employer to discharge any such employees, except for the causes aforesaid, without giving thirty days' written notice of an intent so to discharge; nor for any of such employees, during a like period, to quit the service of said employer without just cause, without giving to said employer thirty days' written notice of an intent so to do; nor for such organization representing such employees to order, counsel, or advise otherwise. {601} Any violation of this section shall subject the offending party to liability for damages; Provided, that nothing herein contained shall be construed to prevent any employer, party to such arbitration, from reducing the number of its or his employees whenever in its or his judgment business necessities require such reduction. …

"Section 10. That any employer subject to the provisions of this Act and any officer, agent, or receiver of such employer who shall require any employee, or any person seeking employment, as a condition of such employment, to enter into an agreement, either written or verbal, not to become or remain a member of any labor corporation, association, or organization; or shall threaten any employee with loss of employment, or shall unjustly discriminate against any employee because of his membership in such a labor corporation, association, or organization; or who shall require any employee or any person seeking employment, as a condition of such employment, to enter into a contract whereby such employee or applicant for employment shall agree to contribute to any fund for charitable, social or beneficial purposes; to release such employer from legal liability for any personal injury by reason of any benefit received from such fund beyond the proportion of the benefit arising from the employer's contribution to such fund; or who shall, after having discharged an employee, attempt or conspire to prevent such employee from obtaining employment, or who shall, after the quitting of an employee, attempt or conspire to prevent such employee from obtaining employment, is hereby declared to be guilty of a misdemeanor, and, upon conviction thereof in any court of the United States of competent jurisdiction in the district in which such offense was committed, shall be punished for each offense by a fine of not less than one hundred dollars and not more than one thousand dollars."

_United States Statutes at Large,