The Bismarck tribune., 1922-06-17
LENGTHY OPINION

yC0tCA uoy oAuOA
carrying reductions ranging from 2
to 6 cents an hour was lengthy
supporting opinion from the members
representing the railroads and the
public, and the dissenting opinion by
the labor members condemning the
order.
In their rejoinder the majority
members said:
1t is not incumbent upon the six
members Of the board concurring in
this decision to follow the minority
into a partisan controversy which
partakes more of the characteristics
of impassioned advocacy than of calm
adjudication. .
Insofar as the dissenting opinion
distorts the sentiment of the majori-
ty, misquotes their language and re-
fleets upon their desire and DISPOSE
tion to do justice, we will refrain
from comment. We prefer to believe
that these improprieties crept into
that part of the document which was
drafted by the employees in the head
quarters of the railways department
of the American Federation of Labor
and that they were overlooked by the
dissenting members, +++*+**+
+ Dissention on Board
p "There is one feature of the dis
sehtiQg argument, however, which is
sd-unUsual that it should not be pass
ed over without notice, and that is
the portion wherein the two dissent
ing members advise the employees to
strike against the decision of the
"It is something new for labor
members of the board to issue incen-
diary arguments to employees in fav-
or Of striking against decision Of
the board. The giving Of advice Of this
kind has heretofore been left to out
siders, who were not under. the Off
cial obligations imposed by the trans
portation act, the main purpose Of
which is to prevent railway strikes
and to protect the public from their
dire effects.
"One of the passages referred to
is as follows: The transportation act,
aimed to substitute for the strike such
just and reasonable wages as would
render resort to strike unnecessary.
If this tribunal created to determine
such wages admits that under exist
ing circumstances it cannot fulfill this
function, obviously the employees
must use such power as they have to
influence the labor market which is
henceforth to be the q determining
factor in their wages #F# Wt
"That is to say, if the board makes
such admission, the employees must
strike. T'a4
Remove the IF" rs@3
"Then the dissenting members pro-
ceed to remove the if and to assert
that the board has made the admis-
sion which renders strike neces
sary.**** aajgGass
"Not only do the minority step
down from the judicial position which
they occupy to advise strike, but
they obviously distort and miscon-
strue, the language of the majority
in order to provide the condition which
they pronounce justification.
"This is not the only place in the
dissenting opinion where the sugges-
ton is made to the employees to
strike. AS matter of fact the entire
OlSSenClne opinion constitutes
strained and exaggerated effort to
inflame the employees by the belief
that they have been grossly outraged
by this decision.
Defend Attitude
"A fair statement of the facts will
convince any disinterested man that
no injustice has been done to these
employees by the present decision, and
! that the decrease in their wage is
conservative and is based upon the
law and the evidence"
The minority report to which to-
days reply was made was signed by
Arthur o. Wharton and Albert Phil
lips. The third labor member of the
board, w. L. McMenimen, was in the
east on an investigation trip when
the minority report was issued.
CHIEFS TO MEET
Cincinnati, June 17.-Chiefs of the
miners and rail unions agreed here
today to hold a meeting next Tuesday