NOTRE DAME LAW REPORTER ALUMNI DEPARTMENT

ARBITRATION AND THE LAW. Leo J. Hassenauer, LL.B. '20. The recent of Wages, ing to a report of the Municipal Working Agreements, and Rules sub- Court of Chicago, played a consider- mitted to Judge Kenesaw M. Landis able role in developing the practice as Arbitrator by agreement between of arbitration in Great Britain. the Building Contractors and the Numerous disputes arose between Trades Council, has a tendency of foreign traders. These were worked creating a precedent in settling wage out under rules of arbitration so suc- disputes. There are strong reasons cessfully that the practice was taken for believing that the United States up by bodies. This form of will see a great development in this arbitration, however, has to do with field in coming years. Few business trade associations both domestic and men, before the war, knew anything foreign and which are now encourag- about the matters of arbitration and ing the incorporation of clauses in lawyers were skeptical of its merits. contracts to submit to arbitration The term "arbitration" suggested those disputes which might arise in red tape, haggling and compromising due course of dealing. and hence something very different from , which knows nothing Difference between trade disputes of concessions and swaps. The pub- 'and wage disputes. lic for the first time, does now begin The history of arbitration which to realize that back of these arbitra- has been out only minutely here- tion proceedings there lay tremen- tofore deals with those forms of dous potentialities. trade settling disputes The common law was little con- of a commercial nature only. The sub- cerned with the disputes of traders. mission to an arbitrator of those dis- The organization of Courts Pepou- putes arising out of wage and work- dros or better known as "dusty foot" :ing agreements is without precedent courts took place during the time of in Chicago with the exception of the the Saxons and lasted until the nine- case of Packers and Workers settled teenth century in English market before Judge Alschuler some few towns. These were the merchants years ago. The settlement of the courts. The proceedings were had disputes presented to Judge Landis without delay and without etiquette in May, 1921, affords an opportunity since the suitors proceeded from for arbitration laws of a national their stalls into the hearing cham- character in which the public shall ber, dusty booted and eager to settle be made a co-arbitrator. That the a dispute before their petition lost settlement of disputes between em- their crackle. It was a long time be- ployers and wage earners decided by fore the technique of arbitration was a man of such high legal attainments worked out to entire success. as Judge Landis possesses, clearly The American Civil War, accord- leads one to believe that the various