The labor world., 1922-08-26


The shopmen believe they have the
strike won and that belief is shared
by many persons not identified with
labor. Only railroad pride and a
stubborn stupidity stand In the way
Of a settlement The condition OF
railway equipment and rolling stock
is slowly paralyzing the roads.
No striker deludes himself as to
the power behind the rail managers
or the power of that power to smash
the shop crafts unions if possible.
That power has made seniority the
issue, because it knows II seniority
IL lost to the shopmen the railroads
can discharge at will.
Jewell Defines Seniority.
Bert M. Jewell, president of the
Railway Employees department of
the American Federation, following
President Harding's message to con-
gress, defined the seniority question
In terms that may startle railroad
managers, but that will appeal as
sound sense to- the masses Of the
people. Here are some Of the things
he said:
1.-THE railway executives are chosen
by the money investors in the rail-
roads as representatives of:their In
terest. They represent the stock
holders who have voting power and
they represent the hondh olders, to
the extent that every debtor repre-
sents the interest of, his crditors. But
It is an error to assume that, because
the executives represent the money
investors, they represent the "own-
ers' of the transportation industry.
On the contrary they represent
merely the owners of certain prop
critics which are used in the public
service, and which, while necessary
for carrying on this service are OF
minor knportance III rApaffsU41I
with the men who are even more
indispensable to the operation Of the
industry. - >''''''-"r'~
Its Mostly Human.
1T was President A. H. Smith OF
the New York Central railroad who
said to the interstate commerce COM
mittee Of the United States senate
on May 20, 1921:
'Ninety-five per cent Of this
railroading is human. The other five
per cent is merely coal and Steel
and it is not worth anything if you
do not get good men with it,
mo one owns the transportation
industry. A large part of the phy-
sical properties used in furnishing
transportation are held in private
ownership. But that ownership does
not authorize the exercise of com.
plete and unlimited private rights
of property because the service to
which these properties are devoted
is a public service and the right OF
any individual to control his prop
erty, when it is devoted to a publi1
service, is definitely limited by law
Property Right Limited.
1T is written in an opinion of the
supreme court Of the United States:
The essential element Of indi
vidual property is the legal right tc
exclude others from enjoying it. II
the property is private, the right OF
exclusion may be absolute. If the
property is affected with the public
interest the right of exclusion is
qualified
Therefore, in defining the au-
thority of the railway executives. il
must be realized at the outset, first
that they represent only the minor.
ity interest of the money investor!
in the transportation industry; and
second, thta their power as repre-
sentatives of the owners of the ply
sical properties Of the railroads i:
a power limited in law by the re-
quirement that those properties mus
be used in the public interest.
1T is not the owners Of the rail
roads, who speak through the rail
way executives. These executive!
speak merely for a limited privat,
interest in the physical propertie!
which have been devoted voluntaril!
to the public service. This privat,
interest in railroad properties ha
been held repeatedly by the higlles
courts to be subordinate to the dom
mating public interest in these in
struments of public service.
The Large Interest.
Nov in contrast to this mino
and limited interest which the rail
way executives represent, let con
sideration be given to the mucl
larger interest in the transportation
+, industry represented by the official
of the organized, employees. TIL
money investors have contribute,
some Of their surplus wealth to thi
\ industry. The labor. investors hav
contributed themselves.
+ "They have invested in this indus
try their lives, their training and ca
pacity for earning a, livelihood. Thi
Is large ana serious investmen
and one entitled to far greater pro
lection than, any money investment
A man max lossi.all his money an
yet be capable of. supporting him
self and his family. But the averag
skilled worker who has given tn
.g best years Of his life to one employ
fa ss.s$s,sa Continued on page. -