The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-01-06
EXPRESS COMPANIES
WIN STRIKE DECISION
Supreme Court Grants Them
the Right to Hire strike
Breakers.
ORDINANCES DON'T APPLY
City Loses Important Case and
May Have TO Pay Biz
Damages.

The right of express companies engaged
In Interstate commerce TO hire strike
breakers without reference To any city
ordinance affecting chsuffeurs. drivers or
wagons was upheld by the United state.
Supreme Court at Washington yesterday
| Associate Justice Hughes. delivering ti,a
Unanimous decision OF the ccur, u, tAo
appeals Of the Adams Express Company.
the United States Express Company ana
| the city of New York, declared tn. city
ordinances regulating and prescribing Il.
censes were null and void and directed
| that the court from which the appeals
were taken grant complete relief to the
companies against the city.
f., An incident Of the case was the claim
of the companies that the action of the
city authorities had cost them each $4,000
day. Whether an effort will be- made
to collect this sum for "A period Of time
from the act OF the city to the settlement
of the strike of 1910 was not announced
The cases grow out of the express strike
OF 1910. when the employees of the large
express companies went out with a long
list of grievances Violence followed ana
the business after being tied up for some
days was resumed with policemen guard.
ing each wagon and each strike breaker.
The late Mayor Gaynor, who had ox-
hausted all his efforts tn bring about arh.
tration finally uncovered city ordinances
passed In 1906 which required that all ex-
press wagons be licensed and that all
drivers or chauffeurs OF the same obtain
permits. The strike leaders insisted that
the strike breakers be required to obtain
licenses as well as the wagon. The com.
panies declared these could not apply 10
their men, IS per cent. Of whom were en-.
gagged In interstate commerce and there
fore beyond such regulations.
Acting under orders ~ the Mayor, Po-
fN..s lf.aV,NV ..tssatl
caused the arrest Of drivers. II was ad.
mittei that the wagons had been loaded
In Jersey City taken 10 Brooklyn In a
ferryboat and that each of them bore a
painted sign: This wagon carries inter.
state commerce only"
The action OF the Mayor went great
way toward bringing about a settlement
of the strike and organized labor was
1ubilant The express companies promptly
applied for intunctions from the United
States court, which they obtained. The
case went from there to the Circuit Court
or Appeals, where a decision was rem.
dered from which all parties appealed.
In the opinion OF Justice Hughes Sec
lions 400 and sos Of the city ordinances
are invalid as against the interstate busi-
ness OF the companies. In the absence ~
controlling State decisions by the New
York courts the Supreme Court was not
satisfied that the ordinances were meant
to apply to interstate commerce.
The practical construction which thsy
received before the present controversy
arose Is persuasive to tho contrary"
said the Justice. IF the sections are 20
be deemed to require that "A license must
be obtained as condition precedent 70
conducting interstate business OF an eN-
press company, We are OF the opinion
that so construed they would be clearly
unconstitutional.
Undoubtedly the eNerton of the power
essential to assure immediate protect N
to the community may extend i'c-
dentally 10 the operation OF "A carrier ~
interstate business. provided that II does
not subject that business to unreasora-
BILE demands and is not opposed hy 40
Federal Constitution. Local police ror~i-
lations cannot 90 so far as to deny the
right to engage in interstate commerce or
TO treat II AS a local privilege and pro-
hibit It's exercise In the absence OF local
license"
The Justice said the ordinance could
not be construed as intended to iN n fee
or tax for the use of the streets nor
could II be considered as a regulation IN
the interest Of safety. for there were
other ordinances for that purpose.