New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-20
Congress Has full Power to
Prevent R. r. Tie-Up,
Says Majority
Public Welfare Limits
Labor's S Right to Strike
D;,senting Opinions De-
clare Law Violates the
Constitution
fEy The Assoc sted Pres J

Warrington, March 19.-ln an epoch
Il decision holding Congress TO be
..,bed with any and all power neces-
.,,v TO keep open the channels of in
.,,state commerce the Supreme Court
a.dsy. dividing 3 TO 4, sustained the
,d,nson law as constitutional and en-
,scesblc in every feature.
The immediate effect of the decision
will be TO FIX permanent cight-hour
h,sie day in computing wage scales on
interstate railroads. Tor which a ma
sor.Vide strike twice mas been threat
,r.d. and 10 give. effective from Jan
p,rv this year, increases in wages to
,,inmen. Of about % per cent, at
eo.t TO the RAILROADS estimated at from
100000 to s5O,OOo,OOo a year.
Tn. court. through Chief Justice
White, declared both carriers and their
employees, engaged in a business
charged with a public interest, subject
70 the right Of Congress 70 arbitrate by
tOmpulsion dispute affecting the oper-
sting Of that business.
Rights of Employees
whatever would be the right Of an
employe engaged in private business
70 demand such wages as he desires,
10 leave the employment il he does
not get them, and by concert Of ac-
ton TO agree with others to leave on
the same conditions" said the opin-
ion, "sueh rights arc necessarily sub
ject TO limitation when employment
accepted in a business charged
With public interest and as to which
The power to regulate commerce by
Congress applied, and the resulting
night 10 fix, in case Of disagreement
and dispute, standard OF wages as
ve have seen necessarily obtained"
In delivering the opinion the Chiei
Justice departed az this point from his
written text 20 emphasize the position
Of men operating trains in a time of
national emergency by comparing them
TO soldiers facing an enemy.
Coming on the heels Of the conces-
son Of the eight-houT basic day by the'
railroads at New York 20 avert the
threatened strike. to-day's decision IS
regarded as largely supplanting that
agreement, and also removing for all
time, through the broadest interpreta-
ton OF Congressional authority out
lined By the court. the probability Of
future transportation paralysis.
How the Court Divided
Ioining with the Chief Justice in sus-
;aining the law were Justices McKenna
and Holmes-his immediate seniors in
poirt of service Justices Brandeis
ard Clarke. Junior members. Dissent
ihg for various reasons we're Justices
Day, Van Devanter. Pitney and Nc
Reynolds.
The majority upheld the public right
70 have interstate commerce uninter-
'uptsd ss basic principle paramount
70 interests OF the railroads or their
eoerstives-both declared 20 be in pub
he service and subject TO the supreme
Unrestricted power Of Congress 70 take
any action necessary TO maintain free-
Com and uninterruption of interstate
commerce. Either az law fixing wages
Or hours Of labor. the court decided
congress had authority 20 enact the
Manson statute.
The public interest begets public
hgat Of regulation 70 the full extent
necessary 70 secure and protect II"
nio the opinion. adding that in the
Emergency Of threatened destructive
suspension Of national transportation
congress acted within its powers IN
f'oYidiug wage standard and other
means necessary 10 protect the public
aterests.
Law Really Compulsory Arbitration
i also declared that the Adsmson act
hsither unworksble, conhscstory. ex-
'erimental nor in excess Of Congres
''nAl railroad regulatory authority,
'' IN effect was compulsory arbitra-
"'a' power which IL (Congress) IN
s'uoisdiy possessed and inevitably
i'siied from its authority 20 protect
interstate commerce in dealing with
"'asiien like that before it,"
'eneSrring in the main principles
nsneisted by the majority. Justice
@ehsnns expressed the opinion that
ne law - an hours-of-seryice and not
Ns2e-hzing statute. He also sug-
ss'<d increase Of railroad revenue
No'sbly would be provided II wage in
"sssss resulted.
me dissenting opinions Justices
'sv and AeReynolds delivering indi-
'eHsl views and Justices Pitney ard
van Dsysntsr Joining IN one announce
VnHh 4 HhnRIs Theatre. NOW.
Ire WiiloN Tree" BIO HI. .--Adyt