American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1917-04-19

congress to regulate interstate com
merce. The right Of private property
Is fully recognized. exactly as the pub
lie right is recognized; but if these
two rights cannot work together, then
the regulating power of congress is
sufficient 10 le~gislate a compulsory
basis. There is not the slightest in
timation Of co%niscation. and the rights
10 regulate must be subject TO the
constitution. AS Chief Justice White
says:
1T IS always to be borne in mind
that as 10 both carrier and employe the
the benohcent and ever present safe
guards Of the constitution are appli-
cable, and therefore both are protect
cd against cOnhscatiOn and against
every act Of arbitrary power which
81 given effect 10 would amount 10 a
denial Of due process or would be re-
pugnant to any other constitutional
right"
The direct effect Of manufacture,
production and distribution upon in
terstate commerce requires most care
ful consideration. It is not a function
Of the court TO determine financial poll
cies OF common carriers, nor to de-
termine wages or hours OF labor. The
function Of the court is to decide
whether legislation dealing with these
aspects is constitutional or otherwise.
That the Adamson law creates increas-
ed burdens on the carriers Is admitted.
This burden must be met by i%ncreas-
ed rates, which, If granted. affects the
price and sale Of manufactured articles
OF interstate commerce. To this ex-
tent. therefore, tho Adamson decision
bears directly upon the problem Of
manufacture. How shall the cost be
distributed? What adjustments are
necessary To what extent will the
increase granted to the railroad broth
erhood be borne by the public? Who,
in short, pays the ultimate freight?
In the past ten years there have been
many conflicts between shippers and
carriers. and the interstate commerce
commission has been deluged with pc
%titious Of grievance for o%vercharges,
The issue between the carriers and
the brotherhood having beer determine
ed, the next phase Of the problem will
|, arise over the conflict of increased
rates. and in the determination of this
question. intricate and complicated
the interstate commerce commission
viii be called upon to perform a mos
important duty. They will have tC
see to it that the carriers are measur
ably compensated for the increased
T. burden through the Adamson act. ant
az the same time safeguard the ship
IS pers against increases that are in
IS equitable SO far as the public is con
cerned. d
The curbing of the boosted freedom
of action by labor unions; the adyanc
10 ing of the inherent power of congress
ne to regulate interstate commerce.; tn
ss mandate that the Interstate traffi
IN must not stop. are therefore the thre
essential points determined by the 81
e. prcme court decision do not di.
te cuss the method Of brutality whic
.. the brotherhoods adopted in the
De- first threat 10 paralyze commerce.;
e. their stop-watch demand for legisl'
ne ton. and in their open threats to di
obey the ruling OF our highest cour
G. The public is sufficiently versed in Il
nj attitude OF this particular organic
e. ton toward the common veal becau.
o. OF the country's insecure condition
a. preparedness. Their refusal to a
bitrate was bluuderingly stupid. T,
OF the decision in the AdamsOn case hOll
es IN effect that congress has the rig
ly to compel arbitration out of cOnside
IL alton OF public necessity. In myopi
he ion organized laborites will be We
NJ chary from now on in demanding legi
ne latiOn with respect to their rights al
mt grievances. They have already pc
in ceived that a law may work both wa
a instead OF one Way-their way. tn
'st realize now that the demand for a ba'
re eight hour day. although granted. ca
49, ries with il substantial restrictiO
'te on their proclaimed freedom of actio
no Let traffic be stopped They ca
not not now do what they have alwa
claimed they could do, paralyze trar
.u portation at will. ForA organized
a Dor. the decision was a victorious
* treat. and recall of judges will soon
.ed discussed again.
D., 4 4 L 4 l. L 4 L l. 4 L 4 4 4 4 4.