Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-02-12
WILL ENFORCE LAW
Ruling of Interstate Commerce Com
mission on Nine-Hour Act.
NO POWER TO SUSPEND IT
Railroads Must Observe it Except
Where Cause is Shown.
PROMPT ACTION NECESS
No Extensions Can Be Granted AftI
Law Becomes Effective March 4.
POSITION OF THE COMMISSION
Clause PrOvidinE for Exceptions Is to
Cover Unusual Conditions and
These Can BE Granted only
After n Hearing.
Railroads Must Observe it Except
Where Cause is Shown.
PROMPT ACTION NECESS Z
No Extensions Can Be Granted Aftt
Law Becomes Effective March 4.
POSITION OF THE COMMISSION

WASHINGTON, Feb, 11-An important
announcement was made today by the In
terstate Commerce commission respecting
its attitude toward the request recently
made by the operating vice presidents Of
the railroads of the United States that
the so-called nlne-hour law relating to the
employment OF train dispatchers, telegraph
operators and tower men be suspended by
the commission until such time as the law
could be amended to meet the desires Of
all concerned. The commission holds in
brief that it has no authority to extend
the time or suspend the operation of the
law except in a particular case or in cases
where a hearing has been held and good
cause shown for the extension asked.
Following is the text of the commissions
announcement;
Thousands Of letters and kilograms re-
ceived within the last few days indicate
widespread misapprehenslon as to the
power of the commission to extend the
law which goes into effect March 4, next,
limiting the hours of service of employees
engaged in the movement Of trains upon
interstate railroads
ProviRiOn for Exceptions.
"The only authority in this record is
expressed in the law, as follows
"The Interstate Commerce commission
and for good cause shown extend the per-
iod within which a common carrier shall
comply with the provisions of this proviso
as to such case
'FThe proviso referred to is that part of
section which provides that no employe
who handles train orders by telegraph or
telephone shall be required permitted
TO be on duty more than nine hours out
of the twenty-four at offices continually
operated night and day, nor more than
thirteen hours out OF the twenty-four at
offices operated only during the daytime,
except in case of emergency, when four
additional hours may be required on not
more than three days in any week.
"No other provision of the law can be
extended or modified by the commission
1.-THE power to extend under this proviso
Is extremely limited. This is evident from
the plain import OF the language above
quoted. from the context to which 1t re-
lates and from the obvious purpose of tho
entire enactment II seems clear to us
that nothing more was intended than to
authoise the commission in exceptional in
stances, where conditions are unusual or
are unforeseen, to enlarge somewhat the
time allowed to prepare for compliance
Conditions whic are common to many rail-
roads or to substantial percentage of
ltitkIhpu bldlioHS are COnulllOnS WnlCn
must have been taken into account when
this law was passed and do not constitute
a particular case for relief by the COM
mission.
Covers Special Conditions Only.
I'VE are therefore OF the opinion, without
deciding more definitely in advance of full
hearing on such applications as may be
made that good cause for extension is not
shown when it is merely alleged or made
10 appear that the law ought not to be
enforced at certain stations or classes of
stations because the number of train
orders handled is small and there is no
need of Increasing the force of employees
Neither would 1t be good cause, as we be-
lieve to show that additional operators can
not be obtained at the wages now or here
tofore offered. If 1t appears reasonably GER
tain that higher wages would procure the
requisite number These are purely aues-
tions OF legislative policy which must have
been and were determined by the congress
adversely to the carriers and the commits
sion has no right or authority to postpone
the taking effect of this law merely be-
cause it's observance will involve inconvon-
fence and financial hardship.
I'VE are also of the opinion that such
power as we have must be exercised be-
fore the law takes effect. II is the power
to extend the period allowed for prepara-
ton, not of power to suspend after the
law has become obligatory. Therefore, we
can afford no relief after the 4th OF
March, except I'm the particular cases where
extensions may have been granted prior
TO that date"
This announcement is made for public
information and 10 the end that all inter
ested parties may be duly advised