Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-03-20

remedy for the situa ton. This
must be. unless II can bc said that the
right 10 So regulate as TO save and
protect tile public interest did not ap-
ply to Il case where the destruction OF
the public right WAS imminent. az the
result OF Il dispute between the parties
ana their consequent failure to es,nb i.
fish by private agreement the stand
other words That the existence Of the
public RICH; and TIL" public power to
preserve II was wholly under tho con
troll Of the private right To establish
standard 10y agreement Nor is Il
IN answer To this view to suggcyt that
the situation WAS one of emergency
ana that emergency cannot nc made tho
source OF power. The proposition boys
tn" question. since. although an cmer-
gcucy may not call into life IL power
which has never lived. nevertheless
emergency may afford reason for the
cNcrtion of a living power already en-
joycd If acts which. If done would
interrupt, if not destroy. interstate
commerce. may be. by anticipation leg
islatiNcly prevented. by the same token
the power TO regulate may he eNcr-
ctScd To guard against the cessation of
interstate commerce" threatened by a
faiiur" of employees and employers to
agree To the standard Of wages
sch Standerd being an essential pre-
-cauisitc 1" the uninterrupted flow of
Interstate commerce.
I,I:COI NTS PREVIOUSLY
acknowledges POWERS
Here the Chief Justice rccountcd at
length the previously acknowledged
powers OF Congress to regulate COM
mcrc".
In the presence Of this vas, body
of acknowledged powers there would
seem to he no ground for disputin.
the power which was exercised in the
ac; which is before MS so as to pre-
scribe by law for the absence Of a
standard OF wages caused BY the fail
urc 10 exercise the private right
I" the end that no individual dispute
or din"renc" might bring ruin {" the
vast interests concerned What
would he the value OF the right Il. "A
reasonable rate if ali movement in
Interstate commerce could he stonpcJ
as result OF Il mere dispute between
the parties or their failure to exert
Il primary private right concerning a
matter of interstate commerce.? Agnin
what purpose would be subscrved by
all the regulations established to So
cure the enjoyment by the public OF
an efficient and reasonable service If
'hcre was no power in government TO
prcNen' ali service from being DESTROY
cd FURTHER yet, what benefits would
now To society by recognizing rho
riSht. because Of the public interest
20 regulate the relation of employor
ana employee and OF the employees
among themselves. and to give 10 tho
i"ticr peculiar and special rights safe
sunr"'he their persons. protecting
'ncin IN case OF accident. and giving
c''cirnt remedies for that prrroSc n
'i'ic WAS no power to remedy a stu
ation created by dispute between ON
pIoyeTs and employees as 80 rate Il
wages. which if no; icncdi.d ,roul1
cav" che purpose helpless. the whnic
pcclIe ruined and all tn. homes 81
the land submitted to a DANGER of rho
most serious character"
And. finally. to VIVA, dcrision would
II not reduce the proposition tina, gov.
eminent had power to -mforc. mo d,,tx
OF operation. il that power ala no, ~
'end TO doing that which was essen
TIA! 10 prevent operation from heinz
completely stopped"
ACT CLEARLY WITHIN
POWER or CONGRESS-
We arc Of opinion that tho reasons
stated conciusivc!y establish that from
the point OF Vicw of inborcn, ,o,,or
the act which is before us was cIo,rIy
within the Legislative bower of con
sresS TO adopt
II 1t be conceded tina; tn. nowcr
10 enact the statute was in cfrcc, ,hc
tN"rcise Of the right to ny wages
where. by reason OF the disnu,e ,hon
had been failure to fix bv ,c-.o
nent II would simply serve ia sbow
me nature and character Of the rcru
Ia non essential To protect tho nuhIic
!'|h'' ana safeguard the movement ~
interstate commerce, not inyolvin,- ,r,
"tm.ai OF the authority TO adopt II.
hhu inns leaves only TO bo ron
crafty considered whether the right I,
cHtrcisc such power under the con
u''lohs which existed was limited on
. cS'i'lhcu oS The private rights Of the
carriers or their EMPLOYEES
AS to the carrier as cnc,,in., 50 no
a %
riage subjects the carrier TO ,ho 1,,r
lui power to Congress TO regulate
1t follows that the very absence .,
scale of wages by agreement. and m.
impeachment and destruction of in,cr-
state commcicc which was threatened
called for the appropriate" and rilovan,
authority, the creation OF a STANDARD,
oy operation of law binding upon Tho
carrier.
AS to the employee. her. again IL Is
obvious that what we have previously
said is applicable and decisive. since
Whatever would DO the right of AN
employee engaged in a private business
10 demand such wages as he desires
TO leave the employment if he does not
get them. and by concert of action
TO agree with others TO leave ON the
same condition, such rights are ncces-
sarily subject to limitation when en-
ploymcnt is accepted in ~ bushes.
charged with a public interest and as
TO which the power TO regulate com
incrce possessed by Congress apulicd
and the resulting right TO fix in case
of disagreement and dispute a stand
ard OF wages as We have seen ncces-