New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-20

simply serve 20 show the nature and
character of the regulation essential TO
protect the public right and safeguard
the movement Of interstate commerce.
not involving any denial OF the author
ity to adopt it. .,
! And this leaves only TO be generally
considered whether the right to eXer-
else such a power under the conditions
which existed was limited or restrained
by the private rights Of the carriers or
their employees.
As to the carrier. as engaging IN the
I business Of interstate commerce car,
riage subjects the carrier 70 the lawful
power of Congress to regulate.
il follows that the very absence OF the
scale of wages by agreement and the
impediment and destruction OF inter
state commerce which was threatened
called for the appropriate and relevant
remedy, the creation of standard by
operation Of law binding upon the car
rer.
Limitations of Employees Rights
As TO the employee: Here again it is
obvious that what we have previously
said is applicable and decisive. since
whatever would be the right Of an en-
ploye engaged IN "a private business to
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 upon the
same condition, such rights are neces-
( sarily subject 10 limitation when en-
+ ployment is accepted in business
charged with a public interes- and as
to which the lower to regulate com,
merce possessed by Congress applied
. Al. tn, "a "a
1 Of disagreement and dispute standard
/ Of wages as we have seen necessarily
7 obtained.
+ In other words. considering corpre-
hensivcly the situation of the employer
and the employe in the light Of the
obligations arising from the public IN
/ terest and of the work in which they
arc engaged and the degree of regula-
ton which may be lawfully eXerted by
/ Congress as to that business, it must
/ follow that the exercise OF the lawful
governmental right is controlling.
This results from the considerations
which, VIC repeat. since con-
ceding that from tho point of view Of
the private right and private interest
as contradistinguished from the publc
/ interest the power exists between
employers and employees. to agree AS to a
standard OF wages Tree IIoIh Iebi'iot'NN
| interference, that right in no way al
+ fects the law making power to protect
/ the public right and create standard
| of wages resulting from A dispute as to
wages and failure therefore to estab-
! lish by consent a standard.
/ Public Interest To Be Protected
| The capacity to exercise the private
right free from legislative interference
affords no ground for saying that legis-
/ lativc power does not exist TO protect
/ the public interest from the injury re
/ sulting from failure TO exercise the
private right. In saying this, of course,
it is always TO be borne in mind that as
TO both carrier and cmploye the bench
cent and ever-present safeguards of the
Constitution are applicable. and there
fore both arc protected against con-
iiscation and against every act OF
arbitrary power. which, If given efect
TO. would amount to denial OF due
process or would be repugnant TO any
other constitutional right.