Daily Kennebec journal., 1922-07-01
juneSsat&wed.tf

posed by the board, it might be ap-
propriate for the board to hold a
hearing under section 313. But it
will certainly be acknowledged by
the board and by the carriers that if
a carrier should decide to lay off
numerous or all employees or sus-
pend all work of certain employees,
on the ground that it could not af-
| for to pay for their services, at the
wages and the under conditions fixed
| by the board, the board would not
regard such an act upon the part of
the carrier as a violation of it's de-
cisiOn.
/ "In like manner if the employees
decide that they cannot afford to
continue to render service under the
wages and working conditions fixed
in a decision of the board. the act of
such employees in suspending work
is not a violation of the decision of
the board.
ANY other construction of the
transportation act and of the powers
| of the board. would be in violation
of the express provisions of the act,
and it is respectf1 'Iy suggested that
grant such powers to the board
would be in violation of the consti-
tuition of the United States.
"a compulsory limitation upon the
right to control ones own property
may well be within the power of oul
government. because all rights OF
property are creations of law. But
ia compulsory limitation upon the
fright to control ones own labor is
not within the power of ur govern
,,ment. because this right is a natura
right and is protected by the 18th
amendment to the constitution which
Iprovides that Involuntary servitud'
shall not exist within the United
States.
! "Thcrefor Congress did not ant
cannot grant authority to any one tt
impose terms and conditions Of Ia.
Dor upon the employees Individually
or collectively refuse to accept. 1
was pointed out by Judge Page o
the United States district court tha
that which is determined to be a jus
and reasonable wage or rule, shall
thereafter be the wage or rule as be
tween the carrier and its employees
and upon which either may maintain
an action in the courts.
! an the language of TIE court, "th'
decisions Of the labor board are onl.
advisory. The organizations Of th
railway shop craft employees hay,
10 yI,n n
the Willingness Of these employees t,
continue to render service under tn
reduced wages and changed working
conditions proposed by the labo
board, and under the practices o
contracting out work adopted by TIL
carriers, despite the Gisaprroval o
] the board. the employees have vote
almost unanimously not ot work un
. der such wages and conditions.
, 1T should be noted that they neve
have accepted any of these terms bu
have only remained at work unde
/ non-acceptable rules. temporarily un
, der protest during the period neces
, sary to determine their course of ac
, tion.
; 'In this connection 1t should b
J pointed out for the consideration O
: the board:
1-That even assuming that sue
5 decisions were in accord with the re
1 quirements Of the act. they shoul
: not be given constitutionally an
force to compel men to work In tn
t service of others. and that the
: "2-And that refusal to continu
] to render service under wages an
T working conditions which are not ac
: ceptable, is not violation of any de
D cision of the board or OF any law.
e IF it is the intention Of the boar
: to direct the employees to remain a
J work. under non acceptable, wage
: and working conditions such order
void both because it is not within tn
: powers Of the board and because it
!, lin violation Of the constitution Of tn
United States"