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The Armies of Labor [48]

By Root 558 0
a dead letter, without having a single case brought up under it. It was superseded in 1898 by the Erdman Act, which provided that certain Federal officials should act as mediators and that, in case they failed, a Board of Arbitrators was to be appointed whose word should be binding for a certain period of time and from whose decisions appeal could be taken to the Federal courts. Of the hundreds of disputes which occurred during the first eight years of the existence of this statute, only one was brought under the mechanism of the law. Federal arbitration was not popular. In 1905, however, a rather sudden change came over the situation. Over sixty cases were brought under the Erdman Act in about eight years. In 1913 the Newlands Law was passed providing for a permanent Board of Mediation and Conciliation, by which over sixty controversies have been adjusted.

The increase of brotherhood influence which such legislation represents was accompanied by a consolidation in power. At first the Brotherhoods operated by railway systems or as individual orders. Later on they united into districts, all the Brotherhoods of a given district cooperating in their demands. Finally the cooperation of all the Brotherhoods in the United States on all the railway systems was effected. This larger organization came clearly to light in 1912, when the Brotherhoods submitted their disputes to the board of arbitration. This step was hailed by the public as going a long way towards the settlement of labor disputes by arbitral boards.

The latest victory of the Brotherhoods, however, has shaken public confidence and has ushered in a new era of brotherhood influence and Federal interference in railroad matters. In 1916, the four Brotherhoods threatened to strike. The mode of reckoning pay--whether upon an eight-hour or a longer day--was the subject of contention. The Department of Labor, through the Federal Conciliation Board, tried in vain to bring the opponents together. Even President Wilson's efforts to bring about an agreement proved futile. The roads agreed to arbitrate all the points, allowing the President to name the arbitrators; but the Brotherhoods, probably realizing their temporary strategic advantage, refused point-blank to arbitrate. When the President tried to persuade the roads to yield the eight-hour day, they replied that it was a proper subject for arbitration.

Instead of standing firmly on the principle of arbitration, the President chose to go before Congress, on the afternoon of the 29th of August, and ask, first, for a reorganization of the Interstate Commerce Commission; second, for legal recognition of the eight-hour day for interstate carriers; third, for power to appoint a commission to observe the operation of the eight-hour day for a stated time; fourth, for reopening the question of an increase in freight rates to meet the enlarged cost of operation; fifth, for a law declaring railway strikes and lockouts unlawful until a public investigation could be made; sixth, for authorization to operate the roads in case of military necessity.

The strike was planned to fall on the expectant populace, scurrying home from their vacations, on the 4th of September. On the 1st of September an eight-hour bill, providing also for the appointment of a board of observation, was rushed through the House; on the following day it was hastened through the staid Senate; and on the third it received the President's signature.* The other recommendations of the President were made to await the pleasure of Congress and the unions. To the suggestion that railway strikes be made unlawful until their causes are disclosed the Brotherhoods were absolutely opposed.

* This was on Sunday. In order to obviate any objection as to the legality of the signature the President signed the bill again on the following Tuesday, the intervening Monday being Labor Day.


Many readjustments were involved in launching the eight-hour law, and in March, 1917, the Brotherhoods again threatened to strike. The President sent a committee, including the Secretary
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