The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-08-09
Would Hold Congress and Senate
Until Rail and Coal Strike Settled
Harding's Plan
In Rail Strike
May Have Teeth
BY DAVID LAWRENCE
Copyright by The IntelligencerD

Washington, August S.-Netther SIDE
likes President Hardings latest propo-
sal for a settlement OF the rail strike
which perhaps is the best auSury CT
an eventual acceptance by both.
For the president Is at the end OF his
rope-he has exhausted every means OF
mediation at h.s command except ono
and that Is n personal address 10 con-
Eress when the house comes back nnSt
Tuesday. In that address MI. Harding
can ask for an amendment TO the trans
portation act which will put teeth In IL
and compel the railroad executives ana
workers 10 obey the United States rail-
road board or suffer penalty toV No-
lating its decisions
Building Up Case
Until now there has been no pAnaity
for dlsregardlng the transportation hct'
Mr.. Harding IS building up case rcr
further legislation. In his letter pro-
posal Il will be noted that ne calls at
tentlon to the public pledge given be
the railroads and the shnpnsn hat they
will recognize the validity OF the decis-
ions OF the board. Shoul1 they diSre-
gard that pledge, the moment :he chier
executive suggests the settlement OF
troublesome Issue through the ins:ru-
mentality OF the labor boa-1 the need
for legislation will be so obvious that
congress will have 10 choose between a
seizure Of the railroads and a return to
government operation which Has proved
so costly 70 the tax payc-s or mo en-
actment OF an amendment 10 cure the
defects in the transportation actt now
on the statute books.
The reasons that both the shopmen
and some railroad exc :I'tvas are adj
vanciug as a basis rIr refusing tresi'
dent Harding's compromise ottsr ara
not looked upon here rs Likely 10 carry
much weight with 3ubHc opinion. O3-
railroad executive. for :ns:aIIce. says
acceptance OF the Jurisdiction or the
labor board on the seniority disputes IS
sInply an outright surrender. The
shopmen are saying thai h. submit tho
question to the labor bn:IrG is TO sub
init II to a preJudiced cour- because the
chairman OF the board has already pre-
d,cted In a public statement that the
board could not afford n fhe future 70
disregard the rights Of those workers
who had refused to so Hlt IN strike.
Each side, In other words, Is afraid
the decision Of the labor board will be
adverse Yet the labor board Is In
better position TO work out compro-
mose satisfactory 10 shopmen and exec
utlves when once the strikers are back
AT work than Is the president or even
} the representatives OF both sides In the
smb!ttered frame OF mind in which
} they and themselves at present.
Execut1vss Hold whip Hand
The railroad executives. however. hold
| the whip hand. There Is no law which
can compel them to take any individual
! back to work who has once left the
employ Of the roads. Nor is there any
law by which the government can COM
pei the strikers 70 go back to work II
their leaders feel that the shopmen will
be deprived OF seniority rights.
Yet the processes by which congress
h1s gradually acquired control OF the
income OF the railroads through freish;
rates regulation Is such that the gov
ernment can set up system OF prefer
ances for those railroads which obey as
against those which d!sobey the trans
portation act The leverage 10 compel
obedience on the part OF the roads Is
greater than Is possible to exert with
Z strikers except that constitutional law
yers IN congress believe tho conspiracy
statutes can be broadened so that a
concerted effort to persuade men TO
leave the employ ot railroads In viola
tom or deClSlONS OF the laOOr BOARD can
be made punishable II the leaders OF
labor organization were made subjec,
to penalties for interruption to Inter
state commerce the feeling Is that a
transportation tie-up would not occur as
frequently in the future as In the past.
Although Washington Is rather blue
today because the first statements from
both sides In the controversy appear un-
favorable. there Is no loss OF hope that
between now and the end OF tho week
the railroad executives and labor lead
ers viii see that they are simply goad-
ing the government to more drastic &C
tIon all the time which IN tho end will
bring on restrictive leg!>iatlon that nell
thsr side will enjoy
The optimists here see In the first
comments OF the shopmen a change OF
tactics from what occurred when Mr.
Harding made his first proposals The
shopmen accepted to qquickly. In fact
so soon that the railroad executives re-
garded the proposal as one sided and
made at the instance Of labor. Now II
looks as II the railroad executives. al.
though protesting their dislike Of tho
proposal will make n gesture Of disap-
proval but will accept the suggestion
OF the President with tho proviso. OF
course. that they remain the judges Of
which men they take hack into their
employ. They can not be forced 10
take all strikers back unless the unions
make Il reason for preventing the
return Of any strikers or unless the
transportation systems OF the country
become tied up through the sympathe.
tic action OF the brotherhoods in refus,
INK 10 take out what may seem to them
defective locomotives and euipmrnt
The situation Is drifting for the mo
mont but conservative opinion here Is
that neither side can afford to reject
President HardirE's lates, compromIs.
without proving the iusincerity OF tbs
first acceptances by railroad executive.
and shopmen OF the proposal that al
decisions OF the labor board will he rec
oKnized as valid.
May Yet Accept
So far as the railroad executives arr
concerned. the belief that they will ac
cept Is based largely on the statement:
made informally by T. Dewitt Cuyler
chairman Of the Association Of Ratlwa!
1ng ~, u Faal