The Enterprise. [volume] (Seattle, Wash.) 192?-1930, 1928-03-16
Porters
Denied Inquiry in
Tipping Practices

WASHINGTON, ID. c., March 10.
-(SpeciaD = The Interstate Com
merce Commission yesterday an
nounced its dismissal, for want of
Jurisdiction, of a complaint filed by
the Brotherhood of Sleeping Car
Porters, No. 2O,OO7, asking it to
investigate the practice of tipping
porters and to require the Pullman
Company to cease and desist from
encouraging or permitting the tip
ping practice.
A. Philip Randolph, organizer Of
the Brotherhood of Sleeping Car
Porters had the case presented to
the Interstate Commerce Commits
sion.
The Pullman Company had filed
a motion to dismiss the complaint
on jurisdictional grounds and the
full membership of the commission
recently heard oral arguments on
the question.
The report, by Commissioner Brai-
nerd, says that the commission was
referred to no law which prohibits
tipping of porters and that a con-
sideration of the complaint LEADS
only to the conclusion that the real
objective sought are increased
wages" He adds that the commits
sion has no power to regulate wages
and consequently no authority to in
quire into the justice of the CON-
plainant's demands.
The full text of the report, dated
March s, follows:
Complainant, an association of
soma 1000 aersons . = the Negro
race employed as porters and maids
by defendant in its business of in
terstate transportation of passengers
in Pullman service, alleges by com
plant filed September Z, 1927, that
certain practices of the defendant,
hereinafter set forth, are in viola.
tion of the Interstate commerce act.
We are asked to order the defend
alleged unlawful practices.
The defendant filed a motion to
dismiss the complaint on the ground
that the allegations set forth did
not state cause of action over
which we have jurisdiction and that
we are without authority to grant
the relief prayed for in the CON-
plant or any relief. We assigned
the motion for cral argument before
us. which has been had.
We understand that 1t is not con-
tended that the tips so given to and
received by said porters become de-
fendant's property or that they are
turned over or otherwise accounted
for to 1t. Pullman passengers are
under no legal obligation to pay
more than the scheduled charges.
We are referred to no law which
prohibits tipping of Pullman porters.
Certainly. In the acts which we ad-
minister, there is no direct reference
to tipping or any provision of law
that may by any. reasonable infe-
renee be said to refer thereto. Tip
ping in the Pullman service was
practiced long before the congress
began to regulate interstate carriers,
and It is reasonable to assume that
had the congress intended the prac-
tice of either giving or receiving
tips TO be unlawful it would have
so declared in express terms.
Moreover, consideration of the
complaint IN all OF its aspects leads
only to the conclusion that the real
objectives sought are increased
wages for the porters and maids in
the defendants employ. We have no
power to regulate wages and conse-
quently no authority to inquire into
the justness of the complainant's
demands, however meritorious they
might prove to be.
The motion to dismiss will be sus-
tained and the complaint dismissed
for want Of jurisdiction.
Commissioner Aitchison dissented,
saying that the complaint seems to
state facts which, il established, may
constitute violations of law. Com
missioners Eastman and Lewis joined
in this expression.