The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-06-25

by the expense o. a few dollars he
held tina. * q place Ike Pelham NA
esemp tei the Com mission would 60
shot beyond its power II IL
those named IN the body q n &C,
Wherein the Laws May be Violated
A recess was taken and after dinner
Nr. Justice resumed. saying
Il Is constitute nal and propeT Tor
the state In the exercise OF tc ponce
power TO limit TIE right ri contract,
and the Legislature has fixed the nuts
" this act 20 twelve houre 4 day IN
der any circumstances and 10 sSAt
hours = day except with the consent
Of IA Corporation Commission and BE-
fore this consent can ~ given ~ must
ind from the evidence the fact thAt a
any particular station the pubic wiz
be protested as we'll BY service o.
twelve hours as hy eight hours ser
Vice: that ever when the Corporation
Commission gaze this right 10 an OF
orator - work twelve hours al a nar
tfcular station II is stlll a rhrht 81
contract between the railroad ano N"
operator. and unless the operator =
Willing 70 work the rtlc OF the reiIroad
companv recurring him 10 do 50. ever
II made with the permission or the
Corporation Commission would De q
violation Of the law
There are two o6enses
by the statute. one is where Inc ral-
road company causes or compels an
operator TO work over eight hours, ana
the other is against the TaiIroad com
pany and the operator Tor CONT -ctils
FOR more than eight hours woTH- or
for more than eight hours work 70 De
done voluntarily by the operatc- anu
nermittCd to be done by the railroad
in the absence OF q hiding OF fact ny
the Corporation Commission that II IS
safe for the public. and therefore al
lowed by the Commission.
Corporation Commission Exceeded lis
Power.
II the law went into effect on its rat
ifcation, and IL the Corporation Iom-
mission has heretofore extended H. as
| have been informed. they nave done
a vain thing. and the railroads nave
been violating the statutes for the Cor
poration Commission has no power 70
in effect. repeal an act of the Leglssd-
ture. II the Corporation Comfnlslsoh
makes an order with a view OF per
hitting the railroads to require an OPP
orator to work more than eight hours
when he thinks that his eff1clency Is
impaired by too long service, ana whea
he Is unwilling TO work more tnan
eight hours, then notwithstanding the
order of the Corporation Commission.
the railroad ought to be indicted; that
to sustain this power of coercion by
the railroads is not in the interest OF
safety and contract rights, but is TO
some degree a form of slavery against
the interest of the employee ana pup
lie safety as well.
VIII Appeal to National Court.
Judge T. b. Womack dissented alb
solutely from the views of MeSSrs. JUS
tice and Strudwick, holding that this
was no legislation for the Order Of
Railway Photographers. but that 1t Is
for the safety of the travelling pubic.
The Legislature recognizes that the
train diSpatCherS hould work eight
hours and those who receive directions
twelve hours as there is a constant
strain on train dispatchers. the others
having leisure time. h Is
clear and plain and it affects only train
dispatchers. The Corporation Com
mission has the power to exempt both
parties, there being exemption to sta
tons and not persons. The block OBJ
orators have light duties. As congress
has acted before the Legislature OF
North Carolina in this matter. the
State cannot act on his Interstate
matter and / make this point on be-
half of ali the roads and give notice
th~.t if this case is adverse to us that
will appeal to the Interstate Com
merce Commission. The National law
gives US free time till March 4. 1905
and the Legislature of North Carolina
could not in this matter come in and
regulate the time.
Some More Testimony.
Mr.. w. H. Newell. of Wilmington,
the superintendent of Transportation
of the First Division of the Atlantic
Coast Line, next testified at length
concerning the Atlantic Coast Lin
stations and towers, holding twelve
hours to be the best for the public and
operators and that eight hours would
be really against the interests Of these,
that twelve hours is in use on the At
lantic Coast Line and no life has been
lost or jeopardized by this. He went
into minute details, and was strongly
in favor Of twelve hours as against
eight.
For the Te~legraphers Side.
Mr.. John F. Lifsey, now an opera
tor with the SeabOard Air lin and
formerly with the Atlantic Coast Line
as operator at Garysburg. old Of con-
ditions at Garysburg and Weldon,
which he held demanded eight hours
there, as the direction of movement Of
many trains was looked after. He went
fully into conditions. told of an acct
dent barely averted which nearly came
from q twelve hour man at Weldon,
and said the duties there were very
heavy that two months he had work
ed there had put him in bed sick.
After this the Commission adjourn
ed until Monday morning at II O'Clock.
FATAL ELECTRIC FLASHES.