Evening journal., 1916-10-18

The public press has made familiar
the general terms of tie recently
enacted measure alleged to provide
an eight-hour day for employees en-
gagged in operating interstate trains.
The nature Of this statute, the cir
cumstances Of its enactment, and the
precedent which it establishes are
worthy OF special consideration.
The Act is set forth at length else
where in this bulletin. The industr al
dispute which led TO its suggestion
and adoption, as described by the
President of the United States in his
message to Congress grew "out of the
demand Of the employees of the rail-
roads engaged in freight train service
that they be granted an eight-hour
working day, safeguarded by payment
for an hour and a half Of service for
every hour Of work beyond the eight"
Official effort at media alton and CON
ciliation having failed. the President
invited the representatives of the dis
putants to Washington. After hear ne
them. he suggested that the railroad
managers adopt the eiEht-hour day
"as a substitute for the existing ten
hour basis of pay and service" and
that he appoint a small commission
to observe the results of the change
the commission to report the facts TO
Congress and an adjustment on this
basis to be ultimately reached between
the railroads and their employees. The
men were willing TO accept the Presi-
dents suggestion; the railroad man
ayers ms sted that the acceptance Of
an eighthour day as the basis of rail-
way operation was itself the vital is
sue which should be arbitrated. Dur
ing these negotiat Ons the representa-
tives Of the brOtherhoods sent out a
strike order as the result of vote,
authorizing them TO take such action
If satisfactory adjustments we're not
made. This order was TO become eff
feotive. September 4.
In these circumstances. the Prosi-
dent addressed the Congress. on Au-
gust 20, and after setting forth the
situation, recommended:
/. The enlargement and admins
trative reorganization OF the Inr.r-
state Commerce Commission, as en-
bodied in a measure which had passed
the House and was then pending in
the Senate.
2. The establishment of an eight
hour day. as the legal basis of work
and wages for railway employees ac-
tually engaged in the operation Of in
terstate trains.
3. The appointment Of small
commission to study the effect of such
legislation and report its conclusions
to Congress
4. Explicit Congressional approval
of the consideration of an Increase Of
freight rates by the Interstate Com
merce Commission if the adoption Of
the eight-hour day by the railroads
rendered it necessary.
5. Provisions for investigation of
pending disputes threatening The in
terruption of commerce whenever the
existing means of securing mediation
or arbitration failed. and penalizing
strikes or lockouts before the compile
ton of such inquiry.
g. Granting to the Executive, in
case Of military necessity. the power
to take possession and operate such
portion OF the railroads as might be
| necessary.
. Following the delivery of the Pres
idents message, tentative measures
were prepared On short notice. the
Senate Committee on Interstate Com
meroe called public hearing fol
Thursday, August n. respecting three
tentative proposals embracing the
Presidents recommendations. Nine
hours were devoted to their public
discussion. three being assigned ia
the representatives OF the rail
way brotherhoods, three to the
railway managers. and three to ship
pers and the general public. James A
Emery, counsel for the National Coun'
/ ell for Industrial Defence. urged be-
fore this comm ttee the right and duty
of Congress to avert the existing stu
alton by full investigation of the issue
! in controversy and the prohibition
under penalty, of any combination OF
employers or employees TO cause q
strike or lockout pending the conclu
sion OF this investigation. No publ
| hearings were held by the House
| Committee on Interstate 'COmmerct
on the subjects embraced in the Presi-
dent recommendations.
On Sept 1 the Senate COMMITTEE
on Interstate Commerce reported )
69S1. proposing the establishment Of
an eight hour standard working day
! for interstate transportation. On Tho
same day the House Committee on In
terstate Commerce reported to Tho
House II. r. 1900, to establish al
eight-hour day for the operating EN-
ployes Of carriers, and that measure
was Immediately considered, debated
and passed under a rule restricting
debate TO two hours, and providing
for the final vote at 4.30 on the da!
OF proposal. The House adopted thu
measure by q vote of 2S9 ayes, 81
nays, 1S2 not voting, answering
present.
In the Senate the House bill wa
promptly substituted for the propose
OF the Senate Committee on Interstate
Commerce. The Senate bill, in add
ton to the features contained in tina
OF the House. had proposed to EN-
power the Interstate Commerce Com
mission, after inquiry. to fix reason
able wages and hours for operative
employees OF interstate railroads, ant
TO make il a misdemeanor to wilfull,
obstruct or retard the operation o
interstate trains During the Senat
debate on the House bill, Senator
Underwood offered the former sugges