New-York tribune., 1919-09-08
By a Lawyer
HE threat or utimatum delivered
II apll fo,xt xuoola tn Tho Presi=

only few weeks ago to the Presl-
dent to "tie-up" every railroad in
the United States and to keep them tied
up until the demands Of the railroad en-
ployes shall be met compcls US to stop
and think Of the danger which faces the
people not only Of the city of New York
but of every city in the land.
Assume that the carrying out of that
threat be delayed for few months, until,
for instance, January or February. How
long will the supply Of coal in the city
at that time keep the people of New York
from freezing? How long will the sup
ply of provisions last? What will be the
state of the public mind when every
wheel between the Atlantic and the Pa
citic shall stop running?
Does a government function properly
which fails to realize the danger of the
situation which confronts the people of
the United States? Has the government
no power to ward off the danger which
impends? Is the government afraid to
exercise the power which it possesses?
These questions may seem to be conun-
drums. They are not. A government
which fails to realize the impending
danger does not function properly. Such
government is simply negligent or
cowardly in the performance of its con-
stitutional duty.
The government has the power to pro-
tect the people from impending
calamity. The question whether the gov
ernment has the courage to exercise the
power which it possesses will be answered
within the next few weeks, either by ac-
tion or by a failure to act
The power of Congress to act for the
purpose of preventing threatened calam-
ity, such as would result from a general
strike of railroad employees, has been con-
clusivcly established by the Supreme
Court of the United States in the case Of
Wilson vs.. New ct al, as receivers, etc,
reported in Vol. 243, United States Re-
ports, at page 332. The court held in
that case, which arose under the so-called
Adamson law, that
THE business of common carriers by
rail is, in one aspect, a public business,
because of the interest of society in its
continued operation and rightful
Duct and this public interest gives rise
to a public right Of regulation to the
full extent necessary to secure and pro-
tect it."
And, further, that this right of regulation
amounts to an exertion of the power of
Congress to arbtrate compul-
sorlly the dispute between the parties
power susceptible of exercise by direct
legislation as we'll as by the enactment of
other appropriate means for reaching the
same result;
and that such an act would not invade pri-
vate rights of carriers nor the "private
rights Of employees since their rights to de-
mand wages according to their desires and
TO leave the employment . if the de-
mand is refused are not such as they might
pe If the employment were in private bust
iess, but are necessarily subject to lmita-
tion by Congress, the employment being in
a business charged with a public interest
which Congress may regulate under the
commerce power"
Chief Justice White says, page 348:
"If acts which, if done, would inter
rupt, If not destroy, interstate commerce
may be by anticipation legislatively pre-
vented, by the same token the power to
regulate may be exercised to guard
against the cessation of interstate COM
merce threatened by a failure of en-
ployers and employees to agree as to the
standard of wages, such standard being
an essential prerequisite to the uninter-
rupted flow of interstate commerce."
At page $50 he says:
"Again, what purpose would be SUBJ
served by all the regulations established
to secure the enjoyment by the public
of efficient and reasonable service, if
there was no power in government tc
prevent all service from being de-
stroyed?"
AS to the obligation resting upon an
employe of an interstate commerce car
rier Justice White saws page 352:
Here again it is obvious that what
we have previously said is applicable and
decisive, since whatever would be the right
of an employe engaged in private busi-
to demand such wages as he desires,
to leave the employment if he does not
get them and by concert of action to
agree with others to leave upon the same
condition. such rights are necessarily
subject to limitations when employment
is accented in q business chareed with q