The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1908-02-21
ILLENFORCELAW
Interstate Commerce Commission
Makes Statement Regarding
Nine. Hour Law.
WILL TAKE EFFECT MARCH 4
No Extension of Time is Authorized
Except in Particular Cases After
Full Hearlng-Good Cause
Must Be Shown.

Washington, Feb. 13.-An important
announcement was made Tuesday by
the interstate commerce commission
respecting it's 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 oper-
ators and tower men be suspended by
the commission until such time as the
law could be amended to meet the de-
sires of all concerned. The commits
sion holds in brief that it has no au-
thority to extend the time or suspend
the operation of the law except in IA
particular case or cases in which a
hearing has been held and good cause
shown for the extension asked. Fol
lowing is the text of the commissions
announcements:
Thousands Of letters and kilograms
received within the last few days in
dictate widespread misapprehension as
to the power of the commission to eX-
tend 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.
The only authority in this regard is
expressed in the law as follows:
THE interstate commerce commits
sion may after full hearing in 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"
The proviso referred to is that part
of Section 2, which provides that no
employee who handles train orders by
telegraph or telephone shall be re-
quired or permitted to be on duty
more than nine hours out Of the "a at
offices continually operated night and
day, nor more than 10 hours out of the
"a at offices operated "only during the
day time" except in case of emer-
gency 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 modi-
fed by the commission.
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 contest
to which it relates and from the OBJ
vious purpose of the entire enactment.
1t seems clear to us that nothing more
was intended than to authorize the
commission, In exceptional instances
where conditions are unusually or I'M
foreseen, to enlarge somewhat the
time allowed to prepare for COM
pliance. Conditions which are COM
mon to many railroads or to a sub
stantial percentage of telegraph sta
tions are conditions which must have
been taken into account when this law
was passed and do not constitute "a
particular case" for relief by the eom-
mission.
We are therefore of the opinion,
without deciding more definitely in adj
vance of full hearing" upon such ap-
plications as may be made that good
cause" for extension is not shown
when it is merely alleged or made to
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 it be good
cause, as we believe, to show that ad-
ditional operators cannot be obtained
at the wages now or heretofore of.
fered if it appears reasonably certain
that higher wages would procure the
requisite number. These are purely
questions of legislative policy which
must have been and were determined
by the congress adversely to the car
riers, and the commission has no right
or authority to postpone the taking eff
feet of this law merely because its
observance will involve Inconvenience
and financial hardship.
We are also of the opinion that such
power as we have must be exercised
before the law takes effect. 1t is the
power to extend the period allowed
for preparation, not the power to sus-
peHu dlleI the Ia" has DSSoiiS ODlA-
gatory. Therefore We can afford no
relief after the fourth of March except
in the particular cases where extern
slons may have been granted prior to
that date.
This announcement is made for pub
lie information and to the end that all
interested parties may be duly advised.