The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1917-05-11
THE DECISION ON
THE ADAMSON ACT
By COL. GEORGE POPE


lance, from economic, governmental
and industrial viewpoints. A sta
tute of novel import has been de-
clared constitutional, and it may
be appropriate to discuss the appli-
cation of some of the principles laid
down in the Courts decision, in
their relation to our Industrial life.
| The most striking feature of the
decision is the declaration that in
| terstate commerce must 60 on. 1t
cannot stop. If working arrange
ments cannot be worked out by
| joint agreement between employer
and employee, then the power of
Congress can step in and compel, by
| legislation, the parties to accept a
working basis. The life and health
and wealth of our people depends
upon the exchange of commodities,
and no stoppage of transportation
| facilities will be tolerated.
Coupled with this determination
of the power of Congress, !. certain
duties are enunciated by the Court.
Not only must the executives oper-
ate the railroads, but the men must
work. The employe becomes, by
virtue of nis employment, a semi
public servant. The Individual en-
ploye may strike, but their right
| to strike individually or in concert
is subject to limitation in a bust
ness charged with public interest
and where rates and wages paid are
subject to the power of Con gress.
They must not interrupt Legitimate
traffic. They must not impair the
rights of the public. They must
not act in way to bring ruin to
the vast interests concerned This
is an Illuminating doctrine and pre-
scribes a status of employment pro-
badly not expected or desired in GER
tain unioniZed headquarters. 1t
will be an unwelcome doctrine to
those authoritative advocates of
personal liberty who insist that
the decision of the Supreme court be-
longs to the ''old reactionary despo-
tism of Russia and Mexico and is
out of harmony with the free in
situations of this republic This
dictum of organized labor's Chan
cellor is interesting but wholly va
lueless. 1t amounts to an assertion
that personal right to strike is a
right superior to the rights of the
public. Precisely the opposite view
is now held by our highest court.
Some how or other the President of
the American Federation of Labor
and the United States Supreme
Court do not get along very well to-
gether. Our Supreme Court is
constantly reversing or ignoring the
Labor JChancellor's opinion on fun
dametal questions of Jurisprudence
The divine right to strike is now
considerably restricted.
Upon careful reflection, there
fore, it seems as if organized labor
had unwittingly become subject to
that very federal regulation which
it has sought to fasten exclusively
upon the carriers. The fluent
phrase personal liberty is not
quite so personal and does not pos
sess so much liberty as it did, before
the decision was handed down. Or
gained labor's insistence upon
rights is now coupled with solemn
obligations to the public obliga-
lions created by the peoples rep
resentatives in Congress and now
| judicially determined to be in har-
mony with our Federal Constitu-
ton.
The fundamental principle settled
by the Courts decision is the pow
er of Congress to regulate interstate
commerce. The right of private
property is fully recognized; but if
these two rights cannot work to.
| cON-N~A NAASAA VIZ power OF
Congress is sufficient to legislate a
compulsory basis There is not the
slightest intimation of confiscation.
and the rights to regulate must be
subject to the Constitution. As
Chief Justice White says:
1T is always to be borne in
mind that as to both carrier
and employee the beneficent
and ever present safeguards of
the Constitution are applicable,
and therefore both are protect
ed against confiscation and A.
gainst every act of arbitrary
power which if given effect to
would amount to a denial of
due process Or would be repug-
nant to any other constitution
al right"
The direct effect of manufacture
production and distribution upon
interstate commerce requires most
careful consideration. 1t is not a