Evening star., 1921-10-22
WARTIME POWERS
cannot Be INVOKED
Administration Declared to
Be Without Special Au-
thority 10 Stop Strike.
BY DAVID LAWRENCE.

Powerless to invoke any wartime
laws. because of a feeling that public
sentiment would not sanction such a
step as the date for a formal proc
lamation of peace approaches, the ad-
ministration is really without any
Especial authority to stop a railroad
|strike
This disclosure has followed upon
|search of the statutes to see If there
was not some specific law which ap-
piled to the present situation. In
time of war" as the national defense
power. He can even take over the
operation of the railroads. OF course
the President could in time of peace
proclaim martial law in any section
of the country where a disturbance
occurred and assume control of the
railroads in that particular section
Such an extreme course is not likely
however.
Power OF Public Opinion.
There is a confidence rather that the
power of public opinion will compel
obedience. The use of the injunction
is being talked about again. but the
controversy which resulted from tne
application of that idea when coal
pleasant taste legally, and none of the
government officers feels that it ought
to be done.
On the other hand, the powers OF
Congress to control interstate commerce
have been derived from interpretations
of the Constitution and have been sane
toned by the Supreme Court of the
oh n
amendment could be passed by Congress
to the Esch-C -Cummins law. imposing PEN
alties upon any one who violates the
decisions Of the United States Railroad
Board. 1t seems practically certain tina,
Mr.. Harding will not rely upon some
uncertain powers as phrased In
statute originally written for some other
purpose. 1t isn't in his makeup to re-
sort to quibbling or antiquities. He
WILL moreover, want the full backing
of Congress in the emergency.
Announcement Is Approved.
The simple announcement from the
White House that wartime powers
would not be invoked has been warm
ly approved in Congress, where 1t is
felt that with such an issue at stake
no move ought to be made without spe-
cific authority from the legislative body
of the government. Unquestionabiy in
dividual efforts will be made to put
teeth into the Esch-C -Cummins law, but
the decision of the administration it.
self on that point is still held in abey-
ance.
The trouble about bringing up some
wartime law is that the strike would
only be postponed. What is really
sought by all sides is a permanent set
far employers on the one hand can or.
ganize for the purpose of standardizins
employment and how far employees car
organize to interrupt commerce and in
jure the public welfare.
Tn to Labor Board.
President Harding gives the impress.
sion that the settlement of the dispute
is not UP to him. He refers inquirers
to the United States Railroad Labor
Board. But it is apparent that his
idea is to exhaust every resource o.
the executive to be brought into the
situation directly. He is not unaware
of the possibilities of the situation ant
that ultimately he may have to become
involved himself. For the moment. the
informal influence of the executive has
and the labor chiefs before the United
States Railroad Board so that the equi'
ties in the dispute may be established
and the results given the public. JUS
as the coal miners gave up at thu
last minute because they didn't want "tt
fight Uncle SAM" SO it is expected tina
the brotherhood chiefs will postpone i
not withdraw their strike order, pend
ing IA decision by the United Statel
Railroad Board. Government officials
may not be taking too seriously tn.
threats of the labor leaders, but it is
fact that hardly an official here expect:
a strike to materialize.
Copyright. 1921