The Bridgeport evening farmer., 1917-03-20
THE FARMER: MARCH 20, 1917

scale of wages by agreement and the impeachment and destruction of inter state commerce which was threatened called for the appropriate and relev- ant remedy, the creation of a standard by operation of law binding upon the carrier
 "As to the empIoye; here again it Is obvious that what we have previously said is applicable and decisive, since whatever would he the right of an employe engaged in private business to demand such wages as nA desires, to leave the employment if he does not get them and by concert of acton to agree with others to leave upon the same condition, such rights are neces- sarily subject to limitation when em- ployment is accepted in business charged with a public interest, and as to which the power to regulate com merce possessed by Congress applied and the resulting right to fix in case of disagreement and dispute stand ard of wages as we have seen neces- sarily obtained.
 "In other words. considering con- .prehensively the situation of the en- ployer and the en1ploye in the light of the obligations arising from the public interest and of the work in which they are engaged and the de- gree of regulation which may be law fully exerted by Congress as to that business 1t must follow that the exer- else of the lawful governmental right is controlling.
 t-This results from the considera- tions which, we repeat. since conceding that from the point of view of the private right and private in- terest as contradistinglished from the public interest the power exists be- tween employers and em- ployes. to agree as to a standard of wages free from legislative tnterfer- ence. that right in no way affects the lawnaking power to protect the pub lie right and create a standard of wages resulting from a dispute as to wages and failure therefore to es- tablish by consent a standard
 'EThe capacity to exercise the prf- vate right free from legislative inter- ference affords no ground for saying that legislative power does not exist to protect the public interest from the injury resulting from & failuFe to ex- ercise the private right. In saying this, of course. it is always to be borne in mind that as to Doth carrier and employe the beneicent and ever-pres- ent safeguar'Ss of the Constitution are applicable, and therefore both ere pro- tected against conf1scation and against every act of arbitrary power which if given effect tc would amount to a de- nial of due process or would be re- pugnant to any other constitutional right.
 'tAnd this emphasizes that there is no question here of purely private right.
 Having thus adversely disposed of the contentious as to the inherent want of power, we come to consider all the other propositions which group themselves under a common heading, that is:
 Second, such an abuse of the power if possessed as rendered its exercise unconstitutional.
 ''The want of equality is based upon two considerations. The one is the exemption of certain short line and electric railroads. We dismiss it be- cause 1t has been adversely disposed of by many previous decisions. The second rests upon the charge that un- lawful inequality results because the statute deals not with all, but only with the wages of employees engaged in the movement of trains. But such employees were those concerning whom the ddspq1te in which wages existed. growing out of which the threat to in- arose-a consideration which estab- fishes an adequate basis for the stat utory classification.
 e fn c11f tn that in this case a recovery of, penal ties is not asked and consequently the subject may well be postponed until it actually arises for decision.'' (At this point the Chief Justice dealt at length with the argument that the law was "unworkable.")
 Disposing of the argument of un- workability the Chief Justice said:
 Considering the extreme conten- tions raised upon in the light of this situation we can discover no basis up- on which they rest. * Whentit is considered that no contention Is made that in any view the enforcement of the act would result in confiscation, the misconception upon which all the propositions proceed become appar- ent
 Finally, we say that the contention that the act was void and could not be made operative because of the un- worka bility of it's provisions is with out merit; since we see no reason to doubt that if the standard fixed by the act were made applicable and a candid effort followed to carry 1t out, the result would be without difficult ty accomplished. It is true that it might follow that in some cases be- cause of particular terms of employ ment or exceptional surroundings some changes might be necessary, but these exceptions afford no ground for holding the act void because its pro- visions are not susceptible in practice of being carried out.
 Being of the opinion that Congress had the power to adopt the act in question, whether it be viewed as a direct fixing of wages to meet the absence of a standard on that subject resulting from the dispute between the parties or as the exerting by Congress of the power which it undoubtedly possessed to provide by appropriate legislation for compulsory arbitration "a power which inevitably resulted from its authority to protect inter- state commerce in dealing with a sit- uatfon like that which was before it. we conclude that the court below err ed in holding the statute was not with in the power of Congress to enact and in restraining it's enforcement, and it's decree therefore must be and is re- Versed and the cause remanded with directions to dismiss the bill'