New-York tribune., 1919-09-08
P0wer to Preuent Strikes

to regulate commerce possessed by Con-
gress applied and the resulting right to
fix in case Of disagreement and dispute
standard of wages as we have seen
necessarily obtained"
While the power exists and may be ex-
ercised by the employer and the employees
to agree upon standard Of wages, Justice
White says:
"That right in no way affects the law
making power to protect the public right
and create standard Of wages result
ing from a dispute to wages and
failure therefore to establish by consent
a standard"
Justice McKenna, in his concurring
opinion, page 364, says:
when one enters into interstate com
merce one enters into service IN which
the public has an interest and subjects
ones self to it's behcst The OBJ
legation Of contract is the law under
which it is made and submission to regu-
lation is the condition which attaches
to one who enters into or accepts employ
ment in business in which the public
has an interest"
Justice Day, in his dissenting opinion,
says pages 364-365:
II am not prepared to deny to Con-
grcss, in view of it's constitutional au-
thority to regulate commerce among the
states, the right to fix by lawful enact
ment the wages to be paid to those en-
gagged in such commerce in the operation
CT trains carrying passengers and freight.
While the railroads of the country are
privately owned they are engaged in
public service, and because of that fact
subject in a large measure to gov
ernmcntal control"
1t may be argued that while Congress has
ho to oto tba 70 ho III
to the employees of an interstate common
carrier, it has not the power to compel the
employees to give their services in return
for the wages as so determined. An engi-
neer, for instance, cannot be forced to work
for a railroad company, but if he should
seek service with such company he can
legally be required to enter into written
contract specifying the terms of his en-
ployment, and such contracts may properly
provide for a fixed term of service. Con-
gress may properly require the execution of
such contract both by the company and by
the engineer. Congress may require, too,
that such contracts shall provide against the
possibility of strikes and lockouts, and for
the arbitration Of disputes that may arise
between the common carriers engaged in in
lCISC0tc CO1NIucICc anu tHclT CIIiplOScS.
An agreement among the employees of
such common carrier to leave it's employ
may be declared to be conspiracy in re-
straint of commerce and employees guilty of
conspiracy may be punished in the criminal
courts.
No man can be compelled to enter the en-
ploy of interstate common carrier, but
having once entered such employ and signed
the contract and having agreed to arbitrate
any dispute, he can, when he joins with
others in agreeing upon course of action
subversive of the public interest, be en-
Joined from carrying out such agreement
and be punished for disobedence of the in
junction Of the court.
This is not involuntary servitude It is
merely a recognition of the power Of the
courts to enforce the performance of con-
tract obligations.
The report just recently presented to the
Senate by Senator Cummns recognizes the
existence of this power and, judging from
newspaper accounts, recommends legislation
that if enacted will operate to prevent
strikes and lock-outs in connection with the
operation of railroads engaged in interstate
commerce.
Representatives of the various brother
hoods have been quick to attack this report
and are emphatic in the expression of their
determination to resist the effort to enact
such legislation. The newspapers give COL
umns of space to the discussion of the
treaty of peace and the league of nations
Every word that President Wilson utters in
his Swing around the circle" is read bv
every reader of the daily papers hut nobody
seems to care what may happen to the
legislation recommended by Senator Cum
Minis.
Perhaps after period of mastery mac
tivty on the part of the members of the
t1otherhoods, say in January or February of
1920, both the President and the people of
these United States may be impressed with
the idea that there is problem confront
ing US of equal, if not greater Importance
than the league of nations proposition.