The New York herald., 1921-02-11

working conditions. IT said thar pend
ing the outcome of the present hearing,
which was separated. by agreement.
from the wage hearing which ended in
the award OF last July, the national
agreements promulgated under Federal
control would remain in full force. Plea
for their abrogation on account of finan-
cial inability to pay wages awarded by
the board was matter outside the
boards jurisdiction, the ruling said. and
should go to the Interstate Commerce
Commission.
The executives request for permission
to pay common laborers on the basis Of
the scale prevalent In different locali-
ties also was denied and leaves the basic
railroad rate at 81 TO 4S@ cents an
hour.
The ruling points out that the trans
portation act provided that il was the
duty of carriers and employees to confer
over disputes and said 1t did not appear
any attempt had been made to readjust
the wages of unskilled labor, and there
fore declared that the board was without
Jurisdiction.
Question of Operating Cost Barred.
The ruling this morning held that all
questions involving expense of opera
ton were outside the jurisdiction OF the
Labor Board.
IF any OF these rules and working
conditions are unjust and unreasonable"
said the decision. they constitute an
unwarranted burden upon the railroads
and upon the public. 1t is therefore the
duty of this board TO use the utmost
practicable expedition. consistent with
the necessary time for hearing and con-
ct ~, lafa tx,~ tsyl,af
of the rules and working conditions now,
in effect are unreasonable. The board
is endeavoring to perform its obligation
and will be better able to succeed In
doing so II 1t Is not further interrupted
by the Introduction of unwarranted de-
mands by either party"
Mr. Jewell. In his statement to the
board, declared that the alleged con-
spiracy to disrupt unionisin. so far as
the railroads were concerned, was en-
gineered by financial interests. and alb
solved from his charges a majority of
the men engaged In active railroad man.
agement. Referring to the statement
made January 81 by w. w. Atterbury.
chairman OF the labor committee of the
Railway Executives organization, Mr..
Jewell said
I'VE assert with qualification that we
have found a great number of real rep
resentatives OF management taking
very different attitude toward the whole
matter. I: Is l., connection with the f1nan-
ciers who hold the whip over manage
ment as well as over the employees that
we are going to show cause why this
board should act quickly to save Its
ability to accomplish the purpose for
which it was created"
Facing "virtual Lockout"
Mr.. Jewell asserted that Mr.. After
bury abused the courtesy of the board
In granting him an opportunity to speak
under its sanction by using that priv
flege In vainly attempting to coerce en-
ployees OF the roads by threatening
them with a lockout II the uitimatum
which he laid down is not Immediately
accepted"
He added that through the publicity
which the Atterbury statement attained
the union employees were already face
to face with what virtually is lock-
out"
So great was the interest in Mr.
JEWELS statement that the regular
quarters of the board proved inadequate
and the hearing was held in court
room in the Federal Building. Even
this room was inadequate to accommo-
date all of the hundreds who sought adj
mission.
with the case clarified by the unex-
pected decision of the board. Mr.. Jewell
submitted his prepared statement with
out comment and introduced Frank p.
Walsh. retained as counsel for fifteen
brotherhoods. Mr.. Walsh consumed the
remainder of the morning session ampli-
flying the Jewell charges and requested
the board to subpoena twenty-four men
who. he declared. had interlocking rela-
tions with New York banks and the d.
rectorates of prominent railroads. The
board took his request under considera-
ton after considerable questioning as to
what would be proved by their appear
ance.
At the afternoon session Mr.. Jewell
made formal request of the board that
all presentation of evidence by the car
sfers be completed before the labor rep
.resentatiyes begin their rebuttal. He
requested that r. 7. Whittier. chairman
OF the railroad conference committee. file
with the board a complete list of the
roads he represented and asked that any
road not represented by Mr.. Whittier be
asked to appear.
Chairman Barton replied that the
board could not compel any road TO APP
pear but IL II desired to do so the board
would be glad to hear a presentation of
its case
Mr.. Jewell said that he was unprepared
to-day to proceed with the general hear
ing. He entered objection to any ''un-
usual delay" by Mr.. Whittier by saying
that he would notify the board by Sat
urday of the date on which the labor
representatives could proceed with the
case.
Mr.. Whittier then took the stand to