Omaha daily bee., 1917-06-30
HOLDS
MEETINGS Of
BOARD LEGAL
District Court Rules that Medi-
alton and Arbitration Body
Has Right to Investigate
Labor Troubles.

State Board of Mediation and In
vestigation won victory in district
court against Attorney General Reed.
Judge Leslie, sitting in equity court,
Friday handed down a decision dis
solving the restraining order and de-
MED temporary writ of injunction
asked by the attorney general.
Under the ruling, the mediators
may Immediately resume their ses-
sions and continue their investigation
OF the Omaha labor troubles.
/ A bitter legal fight was waged be-
fore Judges Leslie Wednesday be-
tween batteries of attorneys, one
headed by Attorney General Reed
and the other by Arthur Mullen,
called into the case by Governor Nc
Vile.
Argued Unconstitutionality.
Attorney General Reed contended
the law passed by the legislature in
1918, creating the board, was uncon-
stitutional, and therefore the mem
bers of the body were acting without
legal authority. His contention was
founded upon the theory that tle.
board, had statewide jhfisdietfon and
that the members performed eyccu-
tive or administrative functions. d
Attorneys for the board declared
the body was subordinate to Governor
Neville and that the members acted
solely under his orders.
The court fight was in the nature
of a clash between the governors and
the attorney generals factions.
Holds Board Legal. =
Without finally passing upon the
question of the constitutionality of
the law, ] am inclined to the belief
that the law creating the Board of
Mediation and Investigation is consti-
tutional," Judge Leslie ruled in his de-
cision.
"Thc board is no more than a COM
n1ittee appointed by the governor to
investigate troubles throughout the
state from time to time when the
chief executive of the state shall
deem it expedient. that such an in
vestigation should be had. | am not
of the opinion that they have any
executive duties to perform, but that
their functions are advisory and in
quisitorial. Under the law i. would
seem that the members may not even
convene as board except at the sug-
gestion or invitation of the governor,
and after investigating they are pow
erless to do anything more than to
file report with the governor.
No Power to Adjust.
unfortunately, the opinion obtains
in the minds of many that the board
has authority to adjust differences
that exist at this time between the
employers and laborers, but no such
power is vested in the board. 1t is
unfortunate that this opinion should
prevail, and perhaps unfortunate, also,
that the board has not been clothed
with power to adjust these differ
ences, for the individual members of
the board are men of uncommon in
telligence and sense OF fairness.
1T is not shown in this hearing
before the court that anything that
the board has heretofore done has
had tendency TO prevent a settle
ment OF the existing labor contro-
versy, nor that anything that they
may do, if the temporary injunction
is denied, will intensity the situation.
Cannot Find Precedent.
Even conceding, however, that the
law creating the Board of Mediation
and Investigation may ultimately be
held to be unconstitutional and that
further investigation may not tend
to hasten an adjustment of the trou-
bles which exist, an injunction could
not rightfully be granted by this
court for the purpose Of restraining
the defendants generally from excr-
cislng the functions Of their offices
during the pendcncy of the suit
brought by the attorney general to
determine the constituionality OF the
law. 10 restrain the members OF
this board from convening and as
suming TO act as board OF media
ton and investigation would be to re-
strain all the functions of the board;
and am unable to find any prcce-
dent for such action.
For these reasons the restraining
order heretofore allowed will be dis
solved and the temporary writ of in
junction will be denied.
"The board being without compul-
sorry power and the parties not having
signified desire to have il act as
board of arbitration, it would seem
that further hearings before the
board for the mere purpose OF air
Continued on Poge Two, Column si1.)