direction toward which the discussion of the labor problem is tending, in the following words: "Though organized for contest and marked by a history of struggle, the goal of unionism is the trade agreement."

By trade or industrial agreement is meant the contract entered into by an employer and his employee or employees, which provides all the details as to the term of service, wages, hours of labor, and conditions under which the work is to be done, and a further provision in case of a dispute as to the terms of the contract, for the submission of such difference to arbitrators whose decision shall be binding on all the parties thereto.

The adoption of the industrial agreement will in a large measure do away with all friction which might lead to a strike or lockout, foster stable and kindly relations between the employer and employee, and will solidify interests and steady the industrial community.

It accomplishes these ends by reason of the fact that, since the agreement is to remain unaltered for a definite period of time, sudden and frequent disputes are not apt to arise. Ordinarily, either party, if discontented with the working of the agreement, quietly bides the time until a new agreement can be made. Further, the employer is deprived of the position he so often takes of reducing wages on the bald assertion that he is not getting at present a fair return for capital and

ability. In collective bargaining, he must produce facts and figures to sustain his contention. The union, likewise, when making a demand for an increase of wages, must be prepared to substantiate its position by solid arguments based not only on the general condition of the business and the profits realized, but also on the cost of living. "Bluffing," which now plays such an important part in every labor controversy, will be practically eliminated from the discussion of the terms of an industrial agreement. Of course, a compromise will probably be the result of any discussion, neither party gaining its full demand, but such is the result in all other cases of bargaining.

"In the great majority of strikes," declares Nicholas Paine Gilman, "the question is commonly a matter of minor terms and conditions; it is not a matter of the life or death of the business. There is a fair chance of adjustment if both parties become more reasonable, and the parties are wise to continue the status quo until all possibility of a settlement has disappeared. "1

Mr. John Mitchell has recently said:

"The idea of the joint trade agreement is the essence of trade-unionism. We have now 350,000 men working under conditions which are fixed by joint agreement. . . . The trade agreement makes for peace in the industrial world."

Methods of Industrial Peace, p. 251.

But the evolutionary development of such an idea is of slow growth. It takes time to teach men the necessity of pulling up the peg which marks their attainment in any direction, and of going forward a few steps before driving it in again. In the meantime, vigorous lessons must be brought home to all minds in order that views may be changed, prejudices obliterated, and conservatism be made to give way to new forces.

As the bulk of the manufacturing, milling, and mining business in the United States is done by corporations, and as corporations receive their charters from the individual State governments, the State Legislatures must be appealed to, to frame laws that will protect the public from loss arising out of industrial disturbances, until such time when trade agreements shall be entered into and lived up to by all corporations and their employees.

The State, which gives to a group of citizens a charter of incorporation, has the power to provide rules and regulations for the use of that privilege. This power, limited only by constitutional provisions, has never been denied.

Let the State require all corporations chartered in the State, or employing men and women to do business in the State, to employ only by means of a written contract. Further, let the State declare that no contract between the corporation employer and its employees shall be binding

unless in writing signed by the parties thereto.

If a corporation should employ any person except by means of a written contract the corporation should be liable to have its charter annulled by action brought for that purpose by the Attorney-General on behalf of the State.

Let the State provide that the written contract of employment entered into by the corporation employer with each of its employees shall clearly state the term of service, the kind of service to be rendered, and the wages to be paid.

In case of the breach of such contract without good and sufficient legal cause-by the employer discharging its employee, or by the employee leaving before the expiration of the term stipulated in such contract,-the Supreme, County, or City Courts, upon suit brought by the aggrieved party against the other, which suit should be returnable in five days after the service of the summons, should award judgment directing the carrying out of the terms of the contract, and in case of default in so doing, assess the damage resulting from the breach thereof, which should be stipulated in the contract to be the amount to become due under the terms of the contract, and direct the payment of the same as follows:

(A) If the judgment is against the corporation and a property execution issued thereon has been returned wholly or partly unsatisfied, an execution may be issued against and levied upon the prop

erty of any one or all of the officers and directors of the corporation, who shall be personally liable for the payment of such judgment.

(B) If the judgment is against the employee, and such employee is unmarried, or is married and his wife and family are not dependent upon him for support, an execution may attach to all his property, with the exception of his clothing, and to all sums earned by him as wages or salary in excess of six dollars per week; if he is married and has a family dependent upon him for support, an execution may attach to all his property except what is specifically exempted by law, and to all sums earned by him as wages or salary in excess of nine dollars per week. Upon an execution being presented to the employer of such judgment debtor he shall retain out of the wages or salary to be paid to such employee the excess of the amounts exempted herein from execution, and shall pay such excess to the officer serving such execution.

The adoption of this plan would probably produce the following results:

(1) It would in no wise injuriously affect the working man who lives up to the terms of the contract which he has executed, but would provide a severe penalty for the breach thereof.

(2) It would in no wise interfere with the existence of the labor union, and would not in any way change the present labor conditions as