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When Jevons published his Theory of Political Economy in 1871, it was already widely felt that a simple imaginary man, or even a composite picture made up of a series of different simple imaginary men, although useful in answering examination questions, was of very little use in drafting a Factory Act or arbitrating on a sliding scale of wages.
Betwixt the relative importance in the cost, and in the profit and loss sense, of foreign and colonial trade, on which the question of the advantages or disadvantages attending the possession or retention of colonies is made exclusively to hinge, with a narrow-mindedness incapable of appreciating the other high political and social interests, the moral and religious considerations, moreover, involved we shall now proceed with the task of arbitrating and striking the balance.
No matter how we may seek distraction in work or amusement, the angry glow is ever before our eyes, colouring our vision, colouring our thoughts, colouring our emotions for good or for ill. We cannot escape it. Our personal destinies are inextricably interwoven with the fate directing the death grapple of the thousand miles or so of battle line, and arbitrating on the doom of colossal battleships.
Then suddenly raising his head, he said, in a louder yet deeper tone, "But I won't forgive him! I know what they say he never meant me any harm! I shouldn't ha' gone to law they say. But who made it so as there was no arbitrating and no justice to be got?
In his official capacity as magistrate the same difficulty arises. One of the most delicate tasks that the magistracy have had set them of recent years has been arbitrating between tenant and man between, in effect, capital and labour. That is not, of course, the legal, but it is the true, definition.
"At the time this was done there was a crying need for new labor legislation; the system or lack of system of arbitrating labor disputes was badly in need of repairs; workingmen were being imprisoned in some of the States for the crime of striking; the power of government was often used to oppress and overawe strikers, even when they had been perfectly orderly and their cause was absolutely just.
In 1898, by the Erdman Act, the federal government provided a means for arbitrating disputes on interstate railways. The Newlands Act of 1913 superseded this by the creation of a formal Board of Mediation and Conciliation, and many disputes were decided under the terms of these laws.
The point of interest is to determine at what stage it might have been possible for the moral element to intervene and bid the warriors, in the name of humanity, lay down their arms; at what stage the tribunal which men had set up to adjudicate between the quarrels of individuals might have been enlarged so as to be capable of arbitrating on the quarrels of nations.
I might speak of the duties of government in relation to these disturbances, and of the necessity, for this as well as other purposes, of giving ourselves a government of all and for all, capable of arbitrating impartially between conflicting interests as the recognised organ of the common good.
Action now became an immediate necessity. In 1899 the two countries agreed upon a modus Vivendi and in 1903 arranged an arbitration. The arbitrating board consisted of three members from each of the two nations. The United States appointed Senator Henry Cabot Lodge, ex-Senator George Turner, and Elihu Root, then Secretary of War.
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