The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-02-12
COMMISSION
LACKS POWER
IN PREMISES
Cannot Suspend Law Relating
to Hours of Train Dispatch
erS, Operators and Others.
REQUEST RECENTLY
MADE BY RAILWAYS
DECISION SAYS NO AUTHORITY
is GRANTED BY CONGRESS
FOR DESIRED ACTION.

Washington, Feb. 11.-An important
announcement was made today by the
interstate commerce commission re-
speeding its attitude toward the re-
quest recently made BY the operating
vice presidents of the railroads of the
United States that the so-called nine
hour law, relating to the employment
of train dispatchers, telegraph operat-
Ors and towerinen, be Suspended by the
commission until such time as the law
could be amended to meet the desires
% all concerned. The commission holds,
in brief, that it has no authority to
extend the time or suspend the oper-
alton of the law, except in particu-
lar case or cases in which a hearing
has been held and good cause shown for
the extension asked. Following is the
text of the commissions announce
ment:
Mistaken Idea.
Thousands of, letters and kilograms
received within the last few days in
dictate widespread misrepresentation as
10 the power of the commission to Eek
tend the law which goes into effect
March next, limiting the hours of
service of employees engaged in the
movement of trains upon interstate
railroads
THE only authority in this record
is expressed in the law, as follows:
The interstate commerce commits
sion may after full hearing in a par
ticular case and for good cause shown
extend the period within which COM
mon carrier shall comply with the pro-
visions of this provisO as to such
case
Emergency Clause.
'.Thep roviso referred to is that part
of section which provides that no
emplOye who handles train orders by
telegraph or telephone shall be required
OK permitted to be on duty more than
nffe 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 day time 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
Commissions Power Limited.
The power to extend under this pro-
viso is extremely limited. This is evil
dent from the plain import of the Ian
guage above quoted, from the context
to which it relates and from the OBJ
vious purpose of the entire enactment.
1t seems clear 10 US that nothing more
was intended than to authorize the cpm-
mission. in exceptional instances Where
conditions are unusual or Unforeseen
to enlarge somewhat the time allowed
! 10 prepare for compliance. Conditions
which are common - many railroads
or to a substantial percentage of tele-
graph stations are conditions which
must have been taken into account
when this law was passed and do not
constitute "a particular case for re-
lief by the commission. (
Good Cause Not Shown.
I'VE are therefore of the opinion,
without deciding more definitely in ad-
vance of full hearing upon such APP
plications as may be made, that good
cause for extension is not shown when
it is merely alleged or made to APP
pear that the law ought not to be en-
forced 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 en-
ployes. Neither would il be good cause,
as we believe, to show that additional
operators cannot be obtained at the
wages now or heretofore offered, if II
Appears reasonably certain that higher
(sEages would procure the requisite num-
Der. These are purely questions OF leg
Continued on Page 2.