ment, when possible, of all controversies between labor and
capital.

A commission thus organized would have the advantage of being a stable
body, and its members, as they gained experience, would constantly
improve in their ability to deal intelligently and usefully with the
questions which might be submitted to them. If arbitrators are chosen
for temporary service as each case of dispute arises, experience and
familiarity with much that is involved in the question will be lacking,
extreme partisanship and bias will be the qualifications sought on
either side, and frequent complaints of unfairness and partiality will
be inevitable. The imposition upon a Federal court of a duty so foreign
to the judicial function as the selection of an arbitrator in such cases
is at least of doubtful propriety.

The establishment by Federal authority of such a bureau would be
a just and sensible recognition of the value of labor and of its right
to be represented in the departments of the Government. So far as its
conciliatory offices shall have relation to disturbances which interfere
with transit and commerce between the States, its existence would
be justified under the provision of the Constitution which gives to
Congress the power "to regulate commerce with foreign nations and among
the several States;" and in the frequent disputes between the laboring
men and their employers, of less extent, and the consequences of which
are confined within State limits and threaten domestic violence, the
interposition of such a commission might be tendered, upon the
application of the legislature or executive of a State, under the
constitutional provision which requires the General Government to
"protect" each of the States "against domestic violence."

If such a commission were fairly organized, the risk of a loss of
popular support and sympathy resulting from a refusal to submit to
so peaceful an instrumentality would constrain both parties to such
disputes to invoke its interference and abide by its decisions. There
would also be good reason to hope that the very existence of such an
agency would invite application to it for advice and counsel, frequently
resulting in the avoidance of contention and misunderstanding.

If the usefulness of such a commission is doubted because it might lack
power to enforce its decisions, much encouragement is derived from the
conceded good that has been accomplished by the railroad commissions
which have be