The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-09
Commerce Commission Solves
Hours of Service Problem.
Issues Ruling Covering Doubt
full Clauses.
DEVELOPS NEW POINTS
Officials and Employees Inter-
ested in Explanation.
Other Items Of Interest in
Railway Circles.

Inc interstate commerce commission
has promulgated a ruling relative to
the law passed by the last session of
congress. limiting the hours of service
on railroads in the interest of safety
OF travellers as well as of employees.
Inc commissions opinion goes into
every phase Of the law and places the
oroadest Interpretation upon the inten-
ton or congress, leaving the railroads
put little discretion in complying with
It, The opinion will be received by the
raiiroads, as well as employees, with
keenest interest, as setting at rest MANY
questions which have been raised since
the enforcement of the law
IN the course Of the opinion the COM
mission says: The requirement for ten
consecutive hours off duty applies only
for IL consecutive hours. The require
sment for eight consecutive hours off
duty applies only to employees who have
not been on duty 16 consecutive hours
but have been on duty 16 hours in the
aggregate out of "A hour period Such
"a hour period begins at the time the
employe first goes on duty after hav-
ing had at least eight consecutive
hours off duty. The term ON duty
includes all the time during which the
emplOye is performing service, or is
held responsible for performance of
service. An employee goes ON duty at
the time he begins to perform service
or at which he is required to be in
readiness to perform service, and goes
off duty at the time he is relieved
from service and from responsibility
for performance of service.
The act does not specify the classes
OF employees that are subject to it's
terms. All employees engaged in or
connected with the movement of any
train as described in section one are
within its scope. Train dispatchers,
conductors, engineers, telegraphers,
| firemen, brakemen, train baggagemen
who, by rules of carriers, are required
| to perform any duty in connection with
| switch tenders, tower men, block sig
nal operators, etc., come within the
provision of the statute.
1.-THE proviso in section two covers
every employe who, by the use Of the
telegraph or telephone, handles orders
pertaining to or affecting train move
ments. In order to preserve the obvi-
Gus intent of the law this provision
must be construed to include all en-
ployes who, by the use of an electrical
current, handle train orders or signals
which control movements OF trains.
THE prime purpose Of this law is to
secure additional safety by preventing
employees from working longer hours
than those specified in the act. There
fore, telegraph or telephone operator
who is employed in a night and day
Office may not be required to perform
duty in any capacity of any kind be-
| yond nine hours of total service in any
| "a hours period.
1.-THE phrase towers, offices, places
and stations is interpreted to mean
particular and definite locations. The
purpose of the law and of the proviso
| for nine hours of service may not be
avoided by erecting offices, stations,
! depots or buildings in close proximity
to each other and operating from one
a part of the day, while the other is
| closed, and vice versa. The statute is
remedial in it's intent and must have
broad construction, so that the pur-
pose of congress may not be defeated
| The commission interprets the phrase
continuously operated night and day
as applying to all offices. places and
| stations operated during a portion OF
| the day and a portion of the night, a
| total of more than 10 hours.
1.-THE phrase Operated only during
| the day refers to stations which are
| operated not to exceed 13 hours in q
| "a hour period and is not considered
as meaning that the operator thereat
may be employed only during the day
| time The act provides that operators
employed at night and day stations OF
| at day stations may, in case of en-
F, Urgency, be required to work four ad-
ditional hours on not exceeding three
days in any week. Manifestly, the
| emergency must be real, and one
against which the carrier can not
guard.
"In any week is construed to mean
| in any calendar week beginning with
| Sunday. The instances in which the
| act will not apply include only such
occurrences as could not be guarded
against; those which involved no neg
| lect or precaution on the part Of the
carrier, its agents or officers; and they
serve to waive the application of the
| 1ou RI ernnlOyes on trains Only until
| such employees, so delayed, reach a
| +orr,ipol or ra1av point +"