Arizona republican., 1917-03-23
eompers and the Supreme Court

1t be matter of regret for the supreme
courts the United its decision in the
Atkinson eght-hour case does not fully meet the
views of the Hon Sam GompeTs whose full approval
would have been secured but for the Interpolation
of doctrine that employees roads in interstate
commerce may strike whenever they feel like it,
Gompers should have understood that this deci-
sion is made up largely of interpretations" A new
doctrine is laid down. or at any rate doctrine, per-
haps entirely new has been declared by the court
to be the law that doctrine is that the railroads
and their employees longer be allowed to settle
their differences at the end of long and country dis
turbing quarrel
The Hon Sam fails to see that the legislation
which the court has just enacted labor legis-
lation inethe is designed for the benefit
of labor only The supreme court when it engages in
legislation as sometimes accused of doing does
not supposed to- indulge in class legislation
Its legislation is general.
In this case the supreme court considered what
congress should have considered, if it did
thing than the demands of the brotherhoods the
good of much larger element than the army of rail-
way workers and the army of railroad stockholders.
The legislation by congress intended only to avert
a strike not in the interest of the roads in the
interest the brotherhoods but in the far greater
interest of the public,
preaching elections and the desire enlist the
port of organized labor the Adamson law would not
have been enacted but congress could not avow that
the law was framed the interest labor. 1t could
only that though labor would be a beneficiary,
the legislation proposed for the benefit of the
public. Thus. many worthy act has behind it an
worthy motive
The Interpolation" which Gompers criticises is
only the perpetuation of the public benefit avowed
by congress- Unless the authority OF the congress to
prevent disaster to the public by means of railway
strikes be exercised against employees, it cannot
be exercised against the employers If the railroads
are engaged in public service must the trainmen
and the engineers and firemen be so engaged. Unless
they are recognized as being so engaged the roads
themselves cannot be made carry out the purposes
the law.
The railway postal service is public service.
railway postal clerk as an individual may quit that
service Just as an engineer conductor may quit,
but large number of railway postal clerks cannot
conspire to embarrass the service-the publicly
quitting.
The disquisition of Gompers is relieved by the
,nintended humor his comparison between the law
Of the United States laid down by the supreme
court last Monday and the splendid, progressive
fundamental declaration in both Mexico and Russia
assuring to the workers of those countries
the right to strike"
In the opinion of Gompers there was but one thing
for the supreme court do-to declare that the law
only that railway workers should receive the
late ten-hour wage for the eight-hou day,
ing thereby that if atssom future time another de-
mand should be made acted favorably upon by
congress, the ten-hour wage should be applied to
six four-hour day.
whatever may the grief and humiliation
of the supreme court under the criticism of the Hon.
Sam that body is not inconsolabe We believe the
brotherhoods and their heads are satisfied with the
decision.