The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1909-08-07
WILL TEST THE
FULL Grew LAW
SHORT LINE REPLIES TO RAIL
ROAD COMMISSION WITH IN
vITAT1oN TO TRY VALIDITY
OF ACT OF LEGISLATURE.

The correspondence below, which
explains itself, has passed between
the state railroad commission and
General Manager Bancroft of the
Oregon Short line in regard to the
violation of the full crew law, pass
ed by the last Legislature. 1t will be
remembered that the railroad COM
pany obeyed the law for a time, but
since the early part of July has dis
regarded it. The railroad commits
sion will now place the matter in the
hands of the attorney general, who
will probably take steps to test the
constitutionality of the law in the
courts by bringing suit against the
railroad company.
The commissions letter, addressed
to General Manager Bancroft on
July 22nd was as follows:
This commission is in receipt of a
complaint from Mr. . w. Davey,
representing the Brotherhood of
| Railroad Trainmen at Winnemucca,
| past ten days, of what is known as
the Full Crew Law requiring
three brakemen on trains of over
fifty cars
we had this matter before you
April 20, at which time you advised
that you would comply with the law,
although reserving the right, if
found consistent and to the interest
of your company later on, to test the
law in order to determine it's
validity. 4,
will you kindly advise the COM
mission what your future procedure
will be regarding compliance with,
this law" "A
eHrhe reply of General Manager
Bancroft in which he shows the
railroad company's disposition to
| contest the law, was as follows, IN
| der date of July 27:
II have your communication of
July %, relative to complaint made
that the Southern Pacific company
is not complying with the. provisions
of the Nevada Full Crew Law.
when this matter was under con-
sideration earlier in the year, | ad-
| vised the commission, as you state,
that 1T was our disposition to comply
| with the law for the time being and
ascertain its practical operation, re-
serving the right to test it's validity
if found consistent with the COM
pany's interest. .gasa- s8
I'VE have made a fair test of this
law and find that it hampers opera
ton, adds largely to the expense, and
is of doubtful utility from any point
of view. In view of this experience
and in view of the further fact tina,
1.-The legal department, both here and
in San Francisco, have expressed the
opinion that the law is invalid, we
have concluded to disregard it until
that question Is finally authoritative
ly determined. /,
This action, | assure you, is with
out any indifference or disregard of a
compliance of that law, or the laws
generally, affecting the railroad COM
pany; but if the law is not a vallu
one and operates to our entire dis
advantage and constitutes a burden
and hampers upon us, there surely
can be no improperly in ~disregard-
ing it for the purpose of testing its
validity. 1t is in view of the con-
ditons above stated, and with TINS
feeling, that the action now being
pursued by the company had been
adopted.
81 trust that our attitude will not
be considered by you as one of hos
tility in any sense, and whatever
action you may conclude it is your
duty to take under the law will GER
tainly be accepted by us in the most
friendly spirit"