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


o.. ,bere power i'm Congress under
'.-cumstances existing TO deal with
,,nrs Of work and wages Of rail-
employees engaged in interstate
n,ree. is the principle question
p. "a be considered.
=. .olution as we'll as that of other
.sors which also arise will be clari-
-, brief statement of the con-
~ ont Of which the controversy
srOss. Ill, ,,ox.h
- concerning wages and railroad
'.rs, One. an eight-hour stand
y - work and wages, with additional
.or overtime, governing on about
-, cent Of the railroads; the other
.,,.d mileage task of 100 miles to be
ARMED during ten hours. with extra
I, for any excess, in force on about
( rr cent of the roads.
=. organizations representing the
.-.,,yes Of the railroads in that
- made a formal demand upon the
layers that. as to all engaged in the
cement of trains except passenger
-, the iOO-mile task be fixed for
4 ,,.. hours, provided that it was not
=. done as to lower wages, and pro-
rs,s that an extra allowance for over
-. calculated by the minute at one
.-Sors.hslf time the rate of the regu-
e. hours service be established.
/ Optional with Employees
n. demand made this standard OBJ
r..,Srv on the railroads, but optional
,5s employees. as IL left the right
J. ne employees TO retain their exist
I, systeri on any particular road If
= slected TO do so. The terms of the
;,yand were as follows, except the one
-s;,b reserved the option which is in
a. margin. and others making Article
applicable to yard and switching and
cdler service:
iriele I-(Al-In all road service
IA miles or less, eight hours or less
IN constitute day, except in pas
,,rrer service. Miles in excess of 100
I'M be paid for at the same rate per
rils.
rsrime will begin at the expiration
4 q eight hours.
l Con runs Of over 100 miles over
me will begin when the time on duty
reeds the miles run divided by 1242
-iles per hour.
j Dali overtime to be computed on
4 10 minute basis and paid for at time
4 md cne-half times the pro rata rate.
4 El-No one shall receive less for
1 arst hours or 100 miles than they now
p,,re for a minimum day or 100 miles
'sr tie class Of engine used or for SER
v,s performed.
F-Time will be computed continu-
s.dJ nom time required for duty until
na1 from duty and responsibility at
I'd u day or run.
ns employers refused the demand
rithe employees. through their organ
.Is.iors. by concert of action took the
asn 10 call a general strike of all
zlrosd employees throughout the whole
agliry.
H Proposals by the president
1 Ihe President Of the United States
Invited q conference between the par
ties lie proposed arbitration. The
employers agreed 70 IL. and the en-
4 yloyes rejected IL. The President then
suggested the eight-hour standard oil
I yors and wages. The employers re
4 leeisd this and the employees accepted
2 Before the disagreement was re-
slyed the representatives OF the en-
4 loyes abruptly called a general strike
throughout the whole country, hXed Tor
{, Early day.
4 The President. stating his efforts to
',lisve the situation and pointing out
tat no resources at law were at ms
csDossl for compulsory arbitration TO
1 ave the commercial disaster. the prop
cry injury and the personal suffering
1 all, not % say starvation. which
sople be brought 20 many among inc
''A body Of the people IL the strike
tii rot prevented. asked Congress,
ast, that the eight-hour standard OF
ssrk aud wages be fixed by law, and.
t'nd, that an official body be created
observe during a reasonable time
e operation OF the legislation, ana
sN an explicit assurance be gwen
f "a u the result Of such observation
h1ohShed such an increased cost to
He employers as justified an increased
~ The power would be given TO the
"er'ia,e Commerce Commission 10
lAorlze il. Congress responded by
1t,ing the statute, whose validity, as
1 " nave said, we are called upon TO
oisider
4 Power Of Congress Challenged
4 ne DUTY 20 do 90 arises from the
4 tt that the employers. unwilling 10
"f'i the act and challenging the CON
1 .-'-'ionsl power Of Congress 70 enact
/ Sslan this typical suit against the
II tffs Of certain labor unions and the
4 .fsa States District Attorney TO en-
4 ne enforcement Of the statute.
Il ne law vas made 20 take effect only
Il ite irft Of January, 1917. To eXpe-
1 ~ ne final decision before that date,
II representative Of the labor unions
1 'f cropped out, agreements essential
Il ,S.'en % were made. and ~ was Sup
4 eve thet pending the iiual DISPOSE,
1 81 he cause the carriers would
Il 2 accounts 81 the wages which would
1 90 been earned if the statute was en-
Il go. 20 a. 20 enable their payment
L t lsw was finally upheld.
Il Sung us Cesire 10 cooperate with
II Parties IN their purpose 20 expedite
Il Sufe. tie court below, briefly an
i .leng that 10 vas Of opinion that
\ fsfs had 10 constitutional power
4 Msst the statute. cnjoined its en-
/ 'smsnt' and. As the result Of the
4 appeal which followed. we come,
1 elaborate oral and printed argu-
4 i & dispose Of the controversy.
Il Questions Involved
4 Hn ne proposition relied upon and
II .-feat5 advanced ultimately come 70
4 sssstiors:
I.l the entire want Of constitu-
i 49, power 20 deal with the subjects
Il t'esed b. The statute, and, second.
~D1se Of the power IL possessed