The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1923-02-20
High Court
= u S t a l n S
Rail Board
Decision Strengthening Esch.
Cummins Act Rendered In
Case Brought by Penn
sylyania Road.
Injunction Is Nulhfied

Injunction Is NulHfied
Washington, Feb. 19.-1n a decision
Of far-reaching Importance. strength.
cning the -CuTnmins transporta-
fion act provisions for government
adjustment Of railway labor disputes.
the supreme court sustained the rail.
way labor board and the contentious
Of organized labor IN the "companS
union vase involving the Pennsyl.
yauia railroad.
Declaring that congress deemed /.
Of the highest public interest to Pre-.
vent the interruption OF interstafs
commerce By labor disputes snd
strikes the opinion. delivered by chief
Justice Taft held that The ;1bor board
did not exceed IT'S powsrs when j.
condemned the methods adopted b
the Pennsylvania railroad 10 estah.
lish employe representation IN deal
.ag with questions Of wages and
working conditions.
Injunction NuIlfied.
The company ignored the federated
shopcrafts union and caused its enl-
ployes 10 hold an election OF represes-
tatlves which the labor board pro-
nounced irregular ordering a nes
election. al which union as veil 4
nonunion representatives, could -
voted for. The eompsy obtained al
injunction Of the board decision.
which is nullihed by the suprens
court decision upholding the labo~
board.
Organized labor conteuded that -
Pennsylvania had set out to smash
the union and 10 orgarize its own
uion.
Congress. says the supreme ooaEt
opinion. has frequently recognized
the legality Of labor unions and n
reason suggests Itself that such al
association. II its membership IS prop
eriy inclusive. may not be regarded az
among the organizations of employees
referred to in this legislation
Not Enforceable by Law.
The opinion points that the de.
cislons Of the labor board cannot he
enforced by process Of law and can
only invoke public opinion by direct
ing public criticism against tbs
party who. It thinks. justly deserves
Il
The purpose Of congress 70 plo-
mote harmonious relations between
the rnanag gers Of railways and their.
employees j. seen in every section ut
this act and the Importance attached
By congress 20 conferences between
them FOR this purpose Is equally Oh
! yious." said Chief Justice Taft. Con
gress must have intended. therefore,
TO include the procedure for deternlia-
ing representatives OF employees as n
proper subject matter Of dispute 70 bs
considerably the board under section
so1. The act Is 10 lie literally con
s;rued 10 effect the manifest effort OF
congress TO compose difference. BE-
tween railroad companies and Their
employees. and il would not help this
effort 10 exclude from the lawful cor
sideration Of the labor board a eues-
'ion which has 50 often seriously az
fected the relations between the CON.
panies and their employees in the pas
and is often encountered on N. vera-
threshold Of controversies between
> them.
Board Of Arbitration.
The labor board was created - o.
ode how the parties ought 10 exc
else their legal rights so as 70 enable
them 10 cooperate in running the
railroad. II was to reach a fair con-.
promise between he parties without
regard 10 tne legal rights upon which
each side nigh; iasisi II a court 81
law. The board IS 10 act as board or
arhi;ar,ion
The jurisdiction OF the board 20 q
rec; the parties % do what il deems
they should do Is not 10 h, limited b.
their constitutional or legal right -
refuse 10 do ii. Under the act there Is
no eonstraiGt upon them 70 DO wha-
the board decides they should do ex-
oept the moral constral-, already nae-.
toned. Of publication Of its decision.
ziiamod
II is not Ter tbs OF any othsr
court 20 pass upon the correctness -
the conclusion q the labor board Z
Il keeps within the Jurisdiction ;hus
assigned 10 i by the statute. Tie
statute does not require the railway
company TO recognize or to deal VIII.
or oonfere with labor unions II does
rot require employees TO deal witls
their employees through their fellow
employees.
But We thing i does vest the la.,er
soard with power 70 decide how such
representatives ought TO be choSe~
with view 10 securing a Sstisfsctofs
cooperation and leaves IL 10 tho fwu
sides TO accept or rs5eos the decision.