The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1922-05-08
SEE BODY BLOW
TO RAIL BOARD
IN PAGE DECREE
Viii Mean End of
Po.Uers If Upheld,
Members Say.
By DAVID LAWRENCE.


Copyright, 1922, by The Argus.)
Chicago. May 8.-The United
States railroad labor board is
amazed at the phraseology of Judge
Pages decree just entered in the
district court which restrains the
board from performing some of the
functions vital to its effective oper-
ations.
The language of the decision in
the case brought by the Pennsyl-
vania against the labor board was
ambiguous and led legislative law
yerS in Washington to conclude
that the transportation act was
broad enough to overcome the OBJ
stacles set up by Judge Page. But
when the injunction was entered
by Judge Page all doubt was re-
moved and the labor board has ap-
pealed the case and obtained a
hearing in the circuit court for
June 8.
The decree itself enjoins the
United States labor board from
assuming any authority or taking
any action of any kind or charac-
ter under section 301 of the trans
portation act, unless and until
there has been a joint submission
of a dispute by the carriers and the
employees which has been the sub
| iect matter of conference between
them"
One Phrase Is Vital.
The whole case turns upon the
words Joint submission" 1t had
not been especially emphasized in
Judge Pages, decision but it is
plain enough in the decree of the
court. Officials of the United
States railroad labor board say if
it is sustained it means the end Of
the labor board or such substan-
tial curtailment of its powers as to
make it's work aimleSs
In the particular contingency de-
veloped by the Pennsylvania rail-
roads case, labor board officials
Pennsylvania at which approx
mately thirty-nine hundred ballots
weer cast to determine who the
spokesmen of the shop crafts
should be. The American Fedora
ton of Labor conducted an election
at which $4,000 ballots were cast
The Pennsylvania insisted that the
representatives of the $4,000 were
the bona-fide spokesman of the en-
pioyes and an agreement was
reached with that group.
Pennsy Denies Dispute.
Now the Pennsylvania claims
that there is no dispute and hence
the labor board has no jurisdiction
and on top of this the federal cour
decree insists that the labor boart
cannot interfere unless there is {
Joint submission" of the isues b.
carrier and employees. The repre-
sentatives of $500 are not interest
ed in any Joint submission" of tht
case to the labor board, but wha
of the $4,000 who are denied rec
ognition by the Pennsylvania ant
are prevented by the court deere
from getting the assistance OF tn
United States labor railroad board
The language of the transportatio1
act was intended by congress t
: cover just such a development 70
it provides that any 100 men ca
appeal to the labor board to tax
cognizance of a dispute. Thirty
nine thousand have appealed an
have said the cause of their dis
! pute was the method of seiectin
| spokesmen. The court says the Ia
Dor board has nothing to say abou
this. The labor board says it ough
to have and believes higher couT
| will concur in that view. If it doe
not there is every reason to belieV
congress would grant the neces
sary authority and that Presiden
| Harding would support the reques
| Attorney General Daugherty, how
| ever, has sent a special attorne
here to argue the case and tn
hope is that a higher court may rt
| verse the decision and point OF
that the transportation act doe
give the labor board power to tax
cognizance of any dispute if an al
peal is made to it by workmen VIII
have been denied voice in tn
making of agreements concernin
their wages and working cond
tions.