Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-04-14

AiS VI Vic WoIuS interstate COM
merce" has changed at all from what
1t has been in the beginning of the
republic. The idea that commerce is
intercourse and communication, that
1t is the process Of transporting goods
across State lines has not been altered.
But what has been profoundly changed
by Americas growth is the nature and
scope Of impediments and distractions
to interstate commerce.
Recognizes Distractions.
The Supreme Court of the United
States in effect has taken judicial
cognizance of such distractions.
During the weeks in early February
when the Wagner act was being
argued by counsel before the court,
strike of devastating proportions
was going on in the General Motors
plants scattered through Michigan and
other States. 1t was engineered and
directed by few men at the head of
national labor union. They caused
men to sit down at their benches in
plants and thus prevent production
from being carried on. To all intents
lSduHlS
demonstrated how they could paralyze
production and actually stop inter-
state commerce in a major industry.
1t was frankly conceded that labor S
purpose was to stop production and
shipment of goods. No argument was
advanced such as used to be made a
quarter Of century ago that a strike
merely stopped production and, there
fore, had no bearing on the fact that
interstate shipment was prevented
To-day labor openly seeks to prevent
interstate commerce from being
carried on till its demands are met,
and in the last few days the power of
national labor organization to stop
commerce has been eXerted not merely
between States in our own country
but is publicly threatened with respect
to commerce across an international
boundary namely, from Canada.
Under Power Of Congress.
Under the circumstances it Is the
nationally organized labor unions
which, until the Supreme Court spoke
this week, were subject only to the
powers Of individual States, but now
these same national organizations be-
come subject to the power Of Con-
gress. Economic power welded
across State lines by virtual monop-
oily of few leaders at last has been
matched by the power of the United
States Government.
1t was therefore not merely the
1arge-scale national operations of in
dustries engaged in producing goods
which brought about the affirmation
Of the power of Congress to deal
with serious labor disputes, but the
far-f1ung operations of national labor
unions which, by their success in
tnterrupting interstate commerce,
awakened a dormant power of Con-
gress to deal with such Interruptions.
Once before-in Wilson VS.. New
the Supreme Court of the United
States went SO far as TO affirm a
Federal eight-hour law on the rail-
roads passed in 1916, and took into
consideration that it was a factor in
q tie-up of Nationwide transporta-
ton systems. There is at bottom lit
tie difference today between the Su-
preme Court of Chief Justice Whites
day and the Supreme Court of Chief
Justice Hughes. Paralysis or threat
ened paralysis of interstate commerce
in major industry is matter for
congressional action.
Not Concerned With Abuse.
1t will be argued by employers that
the Supreme Courts decisions uphold
Ing the Wagner labor act are dis
turbing because this law permits by
omission of penalties, an irresponsi-
bility on the part of labor unions.
This is because the Wagner act does
not specifically inhibit in any way
the excuses of labor unions. But,
as the Supreme Court said on Mon
day. its concern was not with the
abuse OF statute, but with the power
OF Congress to enact it in the first
place. Thus start in the direction
OF Federal regulation is wiser than
no regulation at all.
Some day the conservatives who
are disappointed today will look back
on Chief Justice Hughes opinion in
the Wagner cases and find it bull
wark OF the capitalistic system For
as Shutdown" strikes arouse public
feeling, pressure will come to amend
the Wagner labor act to prohibit ex-
cesses. Experience will tend to make
the law two sided instead of one
sided, and while this may take time,
the decisions themselves plainly
justify as much the regulation of
the employees organizations as those
OF the employers.
Nor Is it to be forgotten that en-
ployes who do not wish to belong to
national labor unions can now be
protected against intimidation and
coercion by appealing directly to the
Labor Board and asking it to re-
strain such acts. If the board feels
its power is limited, appeal to the
Supreme Court may be taken, and
there would seem to be no question
but that some day injunctions against
labor leaders who practice or en-
courage acts of coercion will be up
held entirely apart from the omissions
Of the Wagner act.
Strike May Be Limited.
Likewise some day a limitation on
the right to strike will become .
matter Of Federal statute with re-
spect to industries engaged In inter-
state commerce, just as today the
railroad labor act in effect contains
limitations on the right to strike by
requiring certain processes of media
ton and cooling before strikes can
be called
America today is paralleling the
experience of Great Britain In the
last is years. Abroad the excuses
OF labor unions in a general strike
which tied up England's internal
business led to limitations on the
right to strike.
Tbs Wagner labor act specifically