Every evening, Wilmington daily commercial., 1922-04-28
WHY PENNSy
QUESTIONED DECISION
Felt Labor Board Had Conc
Beyond lts Jurisdiction,
Counsel Says.
BY Associated Press to Every Evening.


New York, April 2s.--The Pennsyl-
vania Railroad is willing at all times
20 abide by the decisions OF tho Fed
eral Labor Board. acting under tho
federal transportation oct, when Its
decisions are legal" but It reserves the
right. to question tho boards decisions
whenever they rtcp into the admins
| trative field, Judge &. u. Heiserman,
general counsel OF tho Pennsylvania
| Railroad System told tho Academy OF
Political Science Mt It's semi-annual
meeting here today.
The Pennsylvania employees, through
their own. organization, are in close
| cooperation with tho management
and have n voice In tho administra-
| ton OF matters affecting their welfare
| through delegates actually employed
! on tho road, said Judge Heieerman.
| When small minority OF the en-
| ployes sought, however, to negotiate
rules and working conditions through
the shop crafts labor organization the
| management refused to sanction such
| procedure and carried the matter to
the courts.
"The court decided that the appoint
ment or method OF election OF con-
ferees under section 301 tof tho trans
! portation act was not one OF the
functions delegated to the board -.
said the speaker, 80 and therefore it
had not the right TO make the regula =
tions provided for In decision No. 21S
and II expressed tho opinion that the
purpose of section 80: was to leave
TO the carrier and its employees full
, nj har m hot
way.
THE constitutionality OF tho act
was sustained by the court, and In thi,
come ction l desire to make II clear
that II WAS and is the declared policy
OF our board of directors and execu-
tive officers not TO question the con.
etitutionnlity of the labor board pro.
visions OF the transportation act %
long as tho board exercised It's func
tions in accordance with the terms O
tho act.
Naturally. wc are grauhed by
, Judge Pages decision, not because o
. any pride OF opinion sustained, but be
cause II may be known to all men tina
our company, In obJecting to the Labo
Boards decision. WIS actuated by al
earnest and we'll founded desire to pro
test It's legal rights and those OF II
employees from what we deemed to b
. an unwarranted assumption Of author
ity on the part OF the Labor Board.
"As IN the past. 30 in the fu
. ture the Pennsylvania Railroad syster
will subject itself to the jurisdictio
= = OF tho board in strict conformity (
the terms of the act, and II will abid
| l,pn nrlf ntgga
= OF such a character as will necessitat
or Justify an appeal by the company 1
an orderly manner to the courts Q
to tho bar of public opinion. TIL
j.. privilege 10 enjoyed alike by all ca,
!, rters and thoir smployes."
Unlees there is a quick reduction (
railroad freight rates to about pre'wa
levels." for the prices OF agriculture
products increase sufficiently to equ,
to tho rate advance, there will be prc
:. found readJustments" in agricultur,
- production. involving rsAdjustment /
' industry as well. Secretary wallat
OF the Agricultural Department q.
:, clared IN an address today before II
academy.
- The "blighting effect" upon agr
N culture OF the present increased lev
OF freight rates, the secretary sal
=. can hardly be comprehended"
- The secretary declared that the mo
hopeful sign OF the present is II
, apparent recognition OF the raj
road mana cement that our prese
. high rates cannot be continued witho
disaster TO tho railroads themsely
and that rates must come down TO
:, point not far, II any. above the pr
- war levels"