The Labor Secretary and Labor Questions The last Congress created a Department of Labor and made its head a member of the President's Cabinet. To the new department were transferred the Bureaus of Immigra- tion, Naturalization and Labor Statistics, and it was empowered to offer its good offices to conciliate and mediate in labor disputes. Immediately upon the election of President Wilson it became publicly apparent that the Federation of Labor had a candidate for the new Cabinet position in the person of Congressman Wilson, then Chairman of the House Com- mittee on Labor and former Secretary -Treasurer of the Mine Workers. Mr. Gompers had made it evident in the editorial columns of the “American Federationist” that Mr. Wilson’s selection was due to the Federation and its executive com- mittee recently gave the President formal thanks for this appointment. It was not to the discredit of Mr. Wilson that he had been a prominent trade unionist, and it was very greatly to his credit that having been born on foreign soil and worked as a miner in the depths of the earth he was invited to become the counsellor of the President. But we venture to suggest that it is quite one thing for a Cabinet officer to sym- pathize with his former associates or any legitimate special interest with which he has been formerly associated and [ 1 ] quite another to either use or promise to use the powers of his new office for the peculiar advancement of their interests or to procure them special privileges in the administration of the law. A public servant, whatever his antecedents, can neither continue to be a corporation counsel nor a labor union agent without violating his oath of office. The country has severely criticized the conduct of public men whose actions have justified the belief that they have continued to serve a private client under the mask of a public title. It is for this reason that the first public utterances and actions of a high official, whose past has been peculiarly identified with a special interest, attract especial attention. Secretary Wilson crossed the continent to address the Ameri- can Federation of Labor at Seattle. His appearance was visible evidence of the power of that organization to create a Cabinet place and fill it. His utterances should enable the country to understand whether he realizes that he is the representative of all American labor or only that small part of it to the exercise of whose highly organized influence he owes his elevation. His first statement, that his department, as now directed, would co-operate with a trade union movement in its effort to elevate the standard of human society, might well be accepted as a proper expression of willingness to aid legitimate unionism in every laudable effort, but his second declaration is that of an apostle of the closed shop, who offers his office to force an un-American creed upon unwilling converts. Emphasizing his important duty to appoint Commissioners of Conciliation in trade disputes, he said : “There can be no mediation, there can be no conciliation between employers and employes that does not presuppose collective bargaining, and there cannot be collective bargaining that does not presuppose trade unionism.” [ 2 ] ♦ f» «** k If this possesses any logical meaning it indicates that the Secretary of Labor believes that the first duty of his office in every trade dispute is to proselytize for the benefit of the union engaged therein. If a portion, however large, of the employes affected by a dispute desire to remain at work, individually or by an agreement that affects themselves alone, the logic of the Secretary’s statement requires that he shall use the. forces of his Department and his personal influence, or that of his agents, to secure accessions to the ranks of the strikers, if they be trade unionists. This conclusion is not left to this declaration alone. It is confirmed by an express attitude of mind, by further circum- stantial statements and by a reiteration of the stock phrases of closed shop unionism which can lead the reader to but one judgment— that the Secretary of Labor embraces the peculiar fallacies of the Gompersian school and regards the office which he occupies as a legislative creation for the furtherance of closed shop militant unionism. He even appears to regard the Federation of Labor as entitled to his pre-judgment in the subject matter of industrial investigations committed to his charge. He informs them in the course of his address as “a bit of confidence” his conclu- sions respecting a corporation which his agents had incident- ally examined in the course of the miners' strike now raging in the Michigan copper country. He informs his hearers that one copper mining corporation had made $200,000,000 in actual profits in forty -two years on an investment of I 4s I $1,250,000, and intimates that they underpay their work- men because they refused to accept the suggestions of his own Department or to meet a committee of the Western Federation of Miners as a self -constituted spokesman for its own employes. As a great metropolitan paper has pointed out, the Secretary has chosen an exceptional instance of successful enterprise and given it the appearance of a general rule. Anticipating the official report, it was his duty in justice to both the mine owners and the public to give the whole truth. He flung this fragment of his investigations to the passion of a prejudiced audience, neglecting to state that the entire copper industry in the district shows that only fourteen mines have paid back the money invested, but that labor always got its wages though the investor pocketed losses, and with the exception of the phenomenal mine, which was the subject of his illustration, the others showed $78,300,000 of assessments against a total of $82,000,000 in dividends. To say the least, the spectacle of a Cabinet officer becoming a special pleader against the victim of his investi- gation will not impress eirher employers or the public with the impartiality of an official who uses carefully selected excerpts from unpublished reports to feed industrial prejudice. The gentleman’s philosophy is as strange as his figures. The Vice-President of the United States astonished the country by declaring to a New York audience that legis- latures could destroy the right to inherit. Mr. Wilson, taking a more advanced position, announces that the legislature is the author of the right to possess and that all title to property is held at the will of lawmakers, a singular and astounding doctrine which the founders of this government went out of their way to condemn by announcing that men were pos- sessed of certain “inalienable” rights, among which were the rights of life, liberty and property. Most of us have believed that man existed before government. Mr. Wilson’s theory is that he came afterwards. Every form of civil society of which history has record is supposed to have been created to preserve the individual and his possessions. Our own government was especially devised to secure him, in his person and the fruits of his labor, not only against his fellows but against his own governmental agencies. Perhaps the Secretary of Labor has never learned to [ 4 ] distinguish between the power which society exercises under certain conditions to regulate the use and alienation of property and the right to despoil the individual and take what he has either for itself or some individual. “Law,” Mr. Wilson tells his fellow unionists, “created titles not primarily for the welfare of the man to whom it conveys it, but for the wel- fare of the community. Society has conceived, whether rightfully or wrongfully, that the best method of promoting the welfare of society is to convey titles to individuals in real estate and personal effects.” It would be interesting to have the Secretary point out any instance, in the beginning of this government or since, when it conveyed any title, real estate or personal effects, to anybody, except when it happened to transfer a part of the public domain or dispose of the second-hand furniture in some unnecessary office. Historically and morally the citizen and his property existed before this government and he created this government to protect himself and that which was his. He does not derive his title to his possessions from his government. His rights existed before he formed a government. The Constitution recognizes but does not create his rights. The gentleman has merely fallen into the common error of his former associates whose various legisla- tive proposals, many of them introduced by himself, have so frequently indicated that they believe a law-making body can do anything. So that those who have the votes would only find it necessary to exert their political influence through legislative agents and deprive a large portion of the public from the protection of themselves and their property to which the law of the land entitles them. In addition to this unique contribution to our political philosophy the Secretary of Labor lets it be known that he is against all attempts to break strikes, [ 5 ] which, of course, indicates his belief that every strike is necessarily right and every employer who does not immedi- ately accede to any demands of his organized employes is necessarily wrong, a condition of mind which admirably qualifies the distinguished Cabinet officer for his duties as an impartial investigator. He did not, of course, point out that many of his employes and agents are former labor union officials, and that the Department of Labor had, for instance, sent one Mr. John Moffett, former president of the International Hatters’ Union, and their agent in the famous Danbury boycort, to investigate the Indianapolis street car strike. The humor of such a selection would have been peculiarly manifest to the audience he was addressing. They would have been highly entertained by the spectacle of Mr. Moffett, with his well-known views, gravely balancing the claims of the Traction Company and its employes, and meditating in profound impartiality the assertion of the company that it was entitled to operate an open shop and employ any citizen, whether or not he was the possessor of a license to work from a local organization of self-constituted judges of the right of the unorganized portion of the com- munity to earn its living. The Secretary finally informed his hearers that he would use every power of his Department to prevent men who protested against unfair employers from being crushed beneath their power, a laudable and just declaration. One looks in vain, however, through this frankly partisan address for any declaration that the Depart- ment of Labor will protect the unorganized worker against the “crushing power” and violent methods of his organized fellow. The Secretary of Labor sat at the right hand of his former associate who, twice convicted of defiant diso- bedience of judicial authority, still proclaims that Congress [ 6 ] must legalize the boycott condemned by every court of last resort and by the continuing moral sense of every generation of English-speaking people. Among the delegates before him the Secretary doubtless recognized three familiar faces of officials convicted by a farmer jury at Indianapolis of that atrocious conspiracy to uplift by dynamite, which shocked our country with every line of its revelations. The Secretary finds much to condemn in the alleged abuses of the employer. But this representative of the American workman, speaking to an organization, numbering in its membership many whose recent crimes outraged every sense of decency, will find no word of condemnation for those who use intimidation and force to compel the acceptance of their demands or who seek exemption from the general laws of the country, or who make membership in their associations the prerequisite to the earning of a living for themselves or those dependent upon them. The first public utterance of the Secretary of Labor does not inspire confidence in his capacity for his position. Announcing a philosophy that is in contradiction to the established principles of the people whose servant he is, he presents himself in the guise of a partisan, assuring his late associates that he regards his elevation to high office as an opportunity to further their special interests. He reveals himself to be not the servant and spokesman of the working- man of America but the business agent in office of American closed shop trade unionism. WILLIAM H. BARR, President, National Founders’ Association. Buffalo, N. Y . November 20, 1913. [ 7 ]