Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1921-03-10
NENLAND S ACT As
!. IT IS APPLIED To
A., B. & 4. RAPED
Resumption Of Limited Train
Service Is Expected Soon.
"Rick" Woodward Takes
Out Another Train Il

An attack on the constitutionality
of section of the NeWlands act,
as applied to the wage reduction
order on the Atlanta, Birmingham and
Atlantic railroad, together with the
Indication that limited passenger and
freight traffic will be restored with
in the next day of two, were the out
standing developments in the strike
Esituation that has obtained since IL
o'clock last Saturday, when about
$500 employees walked out in pro.
test against a wage cut.
Since that time the road has been
completely tied up, except for emer-
gency passenger trains operated
Monday morning and again Wednes-
day morning between birmingham
and Lineville also passenger train
operated from Manchester, Ca, to
Lineville Ala, Wednesday afternoon
and local freight train operated
Wednesday between Birmingham and
ILneville
Resumption of limited train serv-
ice within day or two was looked
lupOH DIS III ODdUI6 III View VI IllS loCS
that officials of the road are per-
Ifecting arrangements for the mobil-'
Iizing of train crews made up of such
former employees as may see fit to
return to the service, and new men
recruited from those who have app
Iplied for places since the strike was
called. Important developments in
This nhaSa of ha Situation
Ipected shortly.
A. II. CRick") Woodward, presi-
dent of the Woodward Iron company,
again donned his oVeralls and took
the throttle of passenger train No.
% leaving Birmingham at o'clock
"Wednesday morning for Lineville.
His conductor was G. R.-Watkins,
who reported for duty Wednesday
According to dispatches, crowds
lgreeted the emergency train at many
lstations along the route. The train
will return to Birmingham as No 81
i'll the afternoon.
Freight Service Resumed
Local freight service was restored
Wednesday between Birmingham and
Lineville when w. J. Tinney, presi-
dent of the Jackson-Tinney Lumber
company, of Tyriton, Ala, mounted
1.-THE cab of the company's own engine
and pulled a mixed train over the
line. This daily service will be con-
tinued as long as necessary, it was
announced Press dispatches were
Ito the effect that a passenger train
left Manchester, Ga, for Lineville,
Ala, Wednesday forenoon in charge
Iof volunteer crew.
sJudge w. l.. Chambers and White
head Kluttz of the federal mediation
board, were busy Wednesday in con-
ference with the joint committee of
brotherhood representatives and with
the officials of the road, in an effort
to establish a basis for negotiation,
Preliminary conferences have been
held with both parties and with
Judge Samuel H. Sibley, of the fed
eral court, who ordered the receiver
ship of the road and on February 28
authorized the wage reduction.
The attack on the constitutionality .
of the NeWlands act as applied to the
! A, B. & A. situation took the form
Of petition filed before Judge Sib-
ley by the Birmingham Trust and
Savings company, the principal cred
itor on whose petition the receiver
ship was ordered. Attorneys Reuben
r. & Lowry Arnold, counsel for the
| Birmingham company, amended, their
original petition so as to include the
| New1ands act contention, and Judge
Sibley set the matter down for hear
| ing on March rs, when he will also
hear arguments on the extent and
scope to be given the wage reduction
| order.
| Contention of Petition
The amendment to the original re-
| ownership petition takes up section
8 of the Newlands act, which pro-
yides that in cases where railroads
are taken over by receivers, wage
reductions shall be preceded by twen-
| ty days notice to the employees. 1t
| is claimed that in December. 1920,
| before the appointment of a receiver,
notice was given the employees OF the
A., B. & A. that on February !,
| 1921, wages would be reduced approx
| imately 80 per cent. Then on March
3, after the wage reduction order
had been passed by Judge Sibiey, a
hearing was set for March rs to
determine to what extent if any, the
| reduction should be made operative.
| Thus it is claimed that the twenty
day notice provision was also met in
| this INSTANCE.
| In addition to these contentious
however, it is asserted by the petit
TONERS that to give another twenty
days notice would entail a loss OF
| approximately 100000 to the road
! since a daily loss of $4,000 is, now
being sustained. To compel the COM
pany to give another twenty-day no.
| tice in the face of this financial
| loss, would constitute confiscation
| of property without due process OF
| law, the petition shows. On thiF
basis it is claimed that section OF
| the Newlands act is unconstitutional,
| null and void as far as the A., B. q
A. situation is concerned.