Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-11-16
RAILROAD LEGISLATION
SEEMS TO BE IN SOLUTION
Various Changes Suggested, but No
One Knows Whether Any Will Be
Adopted in the Immediate Future

CHANGES in the Esch .Cummins Rail.
~ road Act are contemplated by the leaders
in the present Congress and BY the men who
have been elected to the next Congress.
The latter wish to modify, If not to re.
peal, the provisions fixing the net return
ON capital invested in tho railroads and to
curtail the power Of the Labor Board.
The former are contemplating anti. strike
amendments to the law. with penalties for
disregard Of the decisions of the Labor
Board. And they also are considering a
reconstruction of this board.
What the outcome will be no man can
tell. because Of the conflict of interests in
v"lvcd in the whole subject. But there can
be no doubt that If the Labor Board is to
justify its existence it must be reconstructed.
At the present time 1t consists Of three
representatives of the employees, three Of the
railroads and three Of the public. It Is
what has commonly been known ns an arbi.
tration board composed of representatives Of
the dlsputants associated with representa-.
tives of the public. in recognition Of the
fact. now partly admitted, that the public
!s also party to any great industrial
dispute.
No arbitration board ever has reached a
decision which was not the result Of COM
promise. Each side has asked for more than
II expected TO get and then has made con.
cessions until a common ground has been
reached. But If there is TO be no interrupt
tion in the operation of the railroads there
must be tribunal empowered to assert the
supremacy OF the public interest and to
reach a decision based on the equities Of
the case rather than as result Of COM
promise which leaves the equities untouched.
The theory Of the Esch Cummins law Is
that the disputes between the employees OF
the individual roads and the managers Of
those roads shall be settled BY negotiations
between the men and their employers. and
that where agreement is not possible the
Labor Board should step in. That is. when
one arbitration failed It should be sue.
coeded by another arbitration.
Ii has not worked satisfactorily. for the
decisions of the board have been touted
| both by the railroad managers and BY the
mcn.
The public may not yet be ready for !r.
! but the time must come when we have a
tribunal representing the public. az the
Supreme Court Of the United States repre-.
sents it, with power 10 compel respect for
| its decisions
The litigants in the Supreme Court are
| not represented on the bench by men with
| special interest in each side. The Justices
! are men learned in the law, who interpret
| tie law and apply 1t to specific cases. And
| ever, one is satisfied. because every one has
| confidence in the honesty of purpose Of the
| Justices.
There Is no reason why d!sagrsemants
| between employers and employees should lead
| 10 violence. When two business men dis.
agree they take their case 10 the courts,
| where the man with the best case usually
! wins. They know that 4 resort 10 brute
| force would not settle their dispute, but
| would sow the seeds Of future disputes.
The working men, however. are unwilling
| to accept a judicial decree for two reasons.
| One is that they distrusr the .mpart!ai.y
| of the Judges or, more accurately speaking,
| the arb!,rators: and the other Is that they
are 50 firmly convinced that their demands
are lust that they are determined TO secure
| them even NJ the cost Of force.
This feeling OF labor that there is con-
| spirnrv against II must be overcome before
my adcquat" labor board or industrial
court can be set up Ru, this feeling can
be overcome. Those who doubt II have only
to study the history Of me relations between
The Philadelphia Eapd Transit Company
and SIS employees for the las, ten Years