Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1921-05-19
MAY APPEAL WAGE
CUT TO THE COURTS,
RAIL WORKERS SAY
Prepare for Hard Legal Battle
II Reduction by Board
Is Radical.
LONG DELAY is POSSIBLE

Washington. May 1g.---Soon after
word reached here that the Railway
Labor Board at Chicago would am
nouncc. OH June i. wage reductions np-
plying to all cases submitted 10 1t prior
to April III. representatives Of the 1000
600 unslsilled workers affected began TO
lay plans to meet the emergency.
As result of conferences II was prae-
tical1y decided To ask for n review of
tho decisions OF the Labor Board by
the courts IL the boards awards are not,
In the opinion OF the leaders, justified by
the evidence submitted An order would
be sought, restraining the railroads from
making the wage reductions effective.
until the appeal had been adjudged by
the courts. This might involve months
of delay ms the workers are said to be
prepared to carry their fight to the
Supreme Court II necessary.
No action VIII be taken until the
Labor Board renders It's Judgment. II
this Is not satisfactory 10 the labor
men. application win be made. probably
To Federal district court for a rec
view. w, Jet Lauck and other leaders
and their counsel Say that there In pre-
cesfent for such an appeal TO the courts.
Mr.. 1auck was in touch yesterday
with Bert NJ. Jewell. President of tho
Employees Department OF the American
Department of the American Federation
OF Labor. who is I'm Chicago. Repre-
santatives of the workers also consulted
counsel.
The leaders contend that the evidence,
| presented TO the Labor Board, does not
warrant wage reductions. and that Il
| can be shown that much OF the data.
| submitted by the executives In asking
reductions, was based on a false prem
| iac.
Mr.. Iauck and his associates insist
| that the Railway Labor Board has the
| same legal status as the Interstate Conn
| merce Commission, decisions Of which
| are subject 70 review BY the courts.
| Both are quasi judicial bodies, created
! by legislation.
Mr.. Iauck said last night that If
radical reductions were ordered. the best
way for the workers TO obtain a ruling
/ TINT would establish whether the de-
cision was based on fact would be the
appeal To the courts. He cited prece-
dents for appeals from the. decisions Of
| the Interstate Commerce Commission In
regard TO rates to prove that appeals
from the Railway Labor Board were
| also permissible. J
2-May Appeal Wage inside page.
The precedents. cited by Mr.. Isauck.
are;
| Company against Finn. 255 II. s.. col.
! The Supreme Court held:
/ - IL has been repeatedly held
| by this court that an administrative
order made indisputabiy contrary To the
4 as NTH
| be deemed 20 be arbitrary. and. there
| fore. subject TO be set aside
2. Interstate Commerce Commission
| against l.. q N. II. r.. Co. 227 u. s..
SIS the Supreme Court held:
There must be substantial evidence
| to support a finding of the commission
and this evidence must appear in the
| record"
| 8. In this case the Supreme Court also
said.
."But the more liberal the practice In
admitting testimony. the more impera-
| tive the obligation to preserve the es-
sentiai rules of evidence by which rights
are asserted or defended. In such cases
/ the commission cannot act upon their
own information as could jurors in
| primitive days"
/ Representatives of the workers say
that in asking a review by the courts
they viii he able % show that the La
/ Dor Board was not in a position to de-
termine, from the evidence submitted
/ that economic conditions warranted a
1 cut in the pay of workers.
They are prepared To submit evidence
| that the data supplied by the railroad
executives concerning decreases in liv-
| ing costs, confiicted with Government
reports and viii contend that the Labor
| Board could not be In a position 10 pre-
1 dict that Aving costs from now on
| would decrease rather tha1 increase.
If the plea for a review and re-
| straining order was granted by the
! courts. and the decisan of the Labor
| Beard was finally overturned. IL wouid
| involve a resubmission OF the matter &
the Labor Board. with instructions e
make further investigation and render
another decision. This might mean long
delay.