The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-18
Attorney for r. r. Board Writes
Governor About Mo. Pac,
Says State Has No Power to
Settle Troubles.
CAN ARBITRATE.
Ii Called on Governor Can Give
His Good Offices.
Except for Matter of Blocked
Switches State Must Look On.

John Dawson, attorney for the rail-
road board. today wrote a letter 10
Gobernor w. R. Stubbs and gave his
opinion in a controversy now existing
between the Missouri Pacific railroad
and its employees. The opinion is as
follows:
1.-THE letter of Secretary Fred e.
White of the International Association
of Machinists, of Osawatomie. which
you nave referred to me, has been
carefully considered. Mr.. White calls
attention to the fact that there is Il
strike on the Missouri Pacific railroad
and alleges that the said railroad COM
pany is grossly violating the law in
many particulars, and making such
conditions as to endanger the en-
ployees as well as the travelling public
Mr.. White says that the engine boil
erS Of the company are bad; that the
flues are plugged and that the en-
gines are running dark Mr. White
writes as if he assumed that there are
positive and specific statutes covering
these matters. Such is not the case.
We have neither engine nor boiler in
spectors nor any other functionaries to
look after these matters in this state
There is the general duty imposed by
law upon a railroad company to main
tain sufficient equipment which shall
be safe for it's operatives to use and for
the public to patronize, and usually the
infraction of this duty is penalized IN
damages. I have no doubt that the in
terstate commerce commission has
power to prescribe reasonable rules
governing such matters which would
be enforcible by the federal govern
ment, SO far as they might pertain to
interstate commerce.
State Has No Power to Mix in Labor
Trouble.
$50, too, the state board of rail-
road commissioners has power to in
sist that the equipment OF a railroad
shall be safe for the public to patron
ize. Perhaps the fact of a strike would
excuse a railroad in the opinion of 8
court for any temporary lapse of it's
equipment from the high standard
which should ordinarily be observed
in its maintenance. / very much doubt
if the railroad commissioners of Kan
Fsas have been given any authority to
deal with controversies between the
railroad and its employees. OF course
we have some legislation requiring
railroad workingmen to be sheltered
from the inclemency of the weather.
(Sec. 1927 G. S. 19O9), also regulating
the hours of service, ETC., (Sec. 1929
i'd but the whole frame work of the
railroad commission law of Kansas
deals with the relations of the railroad
to its employees. Only by remote i'm
piication can it be said that our rail-
read commission has any power or
duty concerning the enforcement of
the shelter act or the hours of service
act above cited. Such duty develops
upon the county attorney.
There is one matter in Mr.. White'S S
letter that falls clearly within the do
main of the state law. Mr.. White says
that the Missouri Pacific switch frogs
are unlocked This is a violation of
chapter 1873 of the session laws of
Kansas of 1909, and Mr.. White can
have a prosecution instituted against
the company by putting the county
attorney in possession of the specific
facts pertaining to some particular
switch.
Governor Can Only Offer to Arbitrate.
"Mr White desires your help to
bring about an end of this strike. What
you can do to accomplish that desir-
able end except to tender your good
offices in friendly conciIiation is not
apparent. Such conciliation, although
unofficial, might be welcomed by both
parties. There is an excellent federal
act on this general subject-the Erd-