New-York tribune., 1908-01-29
rJr p1cuT OF FREE CONTRACT.

The Sunreme Court finds double reason Tor
annullng the tenth section of the so-called Erd-
man act of 1898 forbidding railroads engaged
in interstate commerce to discriminate against
or discharge employees because OF membership III
labor organizations. Following the decision IN
the employers liability case, recently handea
down. the court holds that the law in question
ATTEMPTED to deal with matter not properly
subject TO the jurisdiction OF Congress, since the
power to regulate commerce between the States
must be restricted in its exercise TO facts or in
cidents which have some substantial relation 10
the commerce intended 10 be regulated. In the
earlier opinion it was declared that Congress
couId enforce liability on the railroads for ac-
cidents to employees occurring in actual inter
state traffic but could not go so far as 10 EN-
brace within the protection or hapli's Id"
employees working in the shops. yards OF Offices Vi
a railroad company or engaged IN handllns trai-
fc wholly within the boundaries OF single State
So in the later opinion Justice Harlan lays down
the principle that relation to labor organlza-
.tion cannot have In itself any bearing upon the
commerce with which the employe is connecteu
..by his labor or services. 1t is the EN-
"plove as a man and not as member oI d
Labor organization who laDors III Tue seiNioe VI
IAN interstate carrier"
MONDAYS decision goes further. however Inc
court declares that the prohibition contained IN
the Erdman act is a violation OF the inherent
personal rights guaranteed by the ConstltutIoh'
including the right of person to decide ON what
forms another shall labor for him or he snail
labor for another A railroad has the const1tu-
tiOnaI right to prescribe the conditions on Whlch
il will employ its working force. and the MEM
hers of that working force have the correspond
ing right 10 accept or reject the conditions Oh
fered The Constitution is highly lndlVldual-
istic in theory and by the Fifth and Fourteenth
amendments both Congress and the state legls-
Iatures are forbidden to pass statutes deprlNlng
apv one of life liberty or property without que
nrocess of law In the absence OF Va1ld con-
tract controlling the conduct of a railroad
toward its employees and fixing period OF ser
vice it is held by the Supreme Court TO De pre-
posterous that 'an employer is under any legal
obligation against his will, TO retain an EN-
..nlove in his personal service any more than an
.employe can be compelled, against his WILL to
remain in the service Of another.
Theoretically the decision is a welcome ar
frp,ation of sound constitutional doctrine
Practically it cannot be expected to nave much
effect 1t leaves the labor organizations ana
Tho railroads free TO determine their own rela-
tions as they are now doing The usefulness
of the nuIIified law TO the labor unions was
slight. since their ability to obtain recognition
from the railroads depends now, and must al
WAYS depend far more their own strength,
saracty and rational management than on any
Governmental paternaliSm like that just an
nulled as arbitrary and altr6 tires. The rlsht
of free contract is as valuable to the employe as
II is TO the employer and in the long run neither
will lose by the Illustration Of foolish assaults
on that right