of the legislative discretion. So far as the question was one simply of expediency as to the best method to provide the desired security-it was within the competency of the legislature to decide it. N. Y. & N. E. R. R. Co. v. Bristol, 151 U. S., 556, 571; C., B. & Q. Rwy. Co. V. Drainage Com'rs, 200 U. S., 561, 583, 584; McLean v. Arkansas, 211 U. S., 539. 547, 548; C., B. & Q. R. R. Co. v. McGuire, 219 U. S., 549, 568, 569, and cases there cited. As to the objection that the statute makes no provision for conditions beyond the carrier's control, it is sufficient to say that in the light of the construction placed upon the act by the Supreme Court of the State, we are not at liberty to regard it as open to this criticism (135 Ga., pp. 561, 562); certainly, no such case is here presented. We conclude that there is no valid objection to the statute upon the ground that it deprives the carrier of liberty or property without due process of law. The further contention is that the statute offends in denying to the plaintiff in error the equal protection of the laws. Specifically, the complaint is that the act does not apply to receivers operating railroads, and that it expressly excepts tram roads, mill roads and roads engaged princiaplly in lumber or logging transportation in connection with mills, As to the first, it cannot be said that the act does exclude receivers from its requirements. The State Court has ruled that the words 'railroad company' in the statute include natural persons as well as corporations. It declined to decide that receivers were not included; but, conceding, without deciding, that they were not, it was held that the statute would not for that reason violate the equal protection clause in view of the temporary and special character of receivers' management. 135 Ga., pp. 555, 556. We concur in this view. As to the exceptions made by the statute of tram roads, mills roads, etc., it is impossible to say that the differences with respect to operation and traffic conditions did not present a reasonable basis for classification. Lindsley v. National Carbonic Gas Co., 220 U. S., 61, 78, 81; Barrett v. Indiana, 229 U. S., 26, 30; German Alliance Ins. Co. v. Kansas, 233 U. S. 389, 418. the State of Georgia. This being so, the act is said to be repugnant to the exclusive power of Congress. It is argued that if Georgia may prescribe an electric headlight, other States through which the road runs may require headlights of a different sort; that, for example, some may demand the use of acetylene and that others may require oil; and that, if state requirements conflict, it will be necessary to carry additional apparatus and to make various adjustments at state lines which would delay and inconvenience interstate traffic. The argument is substantially the same as that which was strongly presented to the court in New York, New Haven & Hartford R. R. Co. v. New York, 165 U. S., 628, where the plaintiff in error was held subject to penalty for the violation of a New York statute which in substance made it unlawful for any steam railroad doing busines in that State to heat its passenger cars, on any other than mixed trains, by any stove or furnace kept inside of the car or suspended therefrom. The railroad company was a Connecticut corporation having but a few miles of road within the State of New York and operating through trains from New York through Connecticut to Massachusetts. As this court said in its opinion, the argument was made that 'a conflict between State regulations in respect of the heating of passenger cars used in interstate commerce would make safe and rapid transportation impossible that to stop an express train on its trip from New York to Boston at the Connecticut line in order that passengers may leave the cars heated as required by New York, and get into other cars heated in a different mode in conformity with the laws of Connecticut, and then at the Massachusetts line to get into cars heated by still another mode as required by the laws of that commonwealth, would be a hardship on travel that could not be ignored.' the court ruled that these 'possible inconveniences' could not affect 'the question of power to make such reasonable regulations for the safety of passengers on interstate trains as in its judgment all things considered is appropriate and effective.' Supra, pp. 632, 633. But In thus deciding, the court applied the settled principle that, in the absence of legislation by Congress, the States are Finally, it is urged that the statute not denied the exercise of their power to constitutes an unwarrantable interfer- secure safety in the physical operation ence with interstate commerce. The of railroad trains within their territory, locomotive, with respect to which the ac- even though such trains are used in incusation was made, was at the time terstate commerce. That has been the being regularly used in the hauling of in- law since the beginning of railroad transterstate freight trains over the com- portation. It was not intended that pany's main line of railroad and was pending Federal action the use of such equipped with an oil headlight. The agencies, which unless carefully guarded statute, as the Supreme Court of the was fraught with danger to the comState said, was not directed against in- munity, should go unregulated and that terstate commerce, but it was held that the States should be without authority it incidentally applied to locomotives to secure needed local protection. The used in hauling interstate trains while requirements of a State, of course, must these were moving on the main line in not be arbitrary or pass beyond the limits of a fair judgment as to what the 196 (27 Stat., 531), relating to power exigency demands, but they are not in- driving-wheel brakes for locomotives. valid because another State in the exer- grabirons, automatic couplers and height cise of a similar power may not impose of drawbars; to the act of March 2, the same regulation. We may repeat 1903, c. 976 (32 Stat., 943), amending what was said in Smith v. Alabama, 124 the act of 1893; to the act of May 27, U. S., 465, 481, 482; "It is to be re- 1908, c. 200 (35 Stat., 324, 325), aumembered that railroads are not natural thorizing the Interstate Commerce Comhighways of trade and commerce. mission to keep informed regarding comThe places where they may be located, pliance with the safety appliance act and the plans according to which they and to investigate and report on the need must be constructed, are prescribed by of any appliances or systems intended to the legislation of the State. Their oper- promote the safety of railway operaation requires the use of instruments and tions; to the act of May 30, 1908, c. agencies attended with special risks and 225 (35 Stat., 426), relating to locomodangers, the proper management of which tive ash pans; to the act of April 14, involves peculiar knowledge, training, 1910, c. 160 (36 Stat., 298), relating to skill, and care. The safety of the public sill steps, hand brakes, ladders, running in person and property demands the use boards and hand holds and providing of specific guards and precautions. . . . that the Interstate Commerce CommisThe rules prescribed for their construc- sion should after hearing designate the tion and for their management and oper- number, dimensions, location and manation, designed to protect persons and ner of application of these appliances property, otherwise endangered by their and of those required by the act of 1893; use, are strictly within the limits of the to the detailed regulations prescribed by local law. They are not per se regulations of commerce; it is only when they operate as such in the circumstances of their application, and conflict with the expressed or presumed will of Congress exerted on the same subject, that they can be required to give way to the supreme authority of the Constitution." See also Nashville, etc., Rwy. Co. v. Alabama, 128 U. S., 96; Hennington v. Georgia, 163 U. S., 299; N. Y., N. H. & H. R. R. Co. v. New York, supra; Lake Shore & M. S. Rwy. Co. v. Ohio, 173 U. S., 285; Missouri Pacific Rwy, Co. v. Larabee Mills, 211 U. S., 612; Missouri Pacific Rwy. Co. v. Kansas, 216 U. S., 262; Chicago, R. I. & Pac. Rwy. Co. v. Arkansas, 219 U. S., 453; Minnesota Rate Cases, 230 U. S., 352, 402, 410. If there is a conflict in such local regulations, by which interstate commerce may be inconvenienced-if there appears to be need of standardization of safety appliances and of providing rules of operation which will govern the entire interstate road irrespective of State boundaries—there is a simple remedy; and it cannot be assumed that it will not be readily applied if there be real occasion for it. That remedy does not rest in a denial to the State in the absence of conflicting Federal action, of its power to protect life and property within its borders, but it does lie in the exercise of the paramount authority of Congress in its control of interstate commerce to establish such regulations as in its judgment may be deemed appropriate and sufficient. Congress, when it pleases, may give the rule and make the standard to be observed on the interstate highway. It is suggested that Congress has acted in the present instance. Reference is made to the act of March 2, 1893, c. the Commission, on March 13, 1911, pursuant to this authority; to the act of May 6, 1910, c. 208 (36 Stat., 350), requiring the Commission to investigate accidents and make report as to their causes with such recommendations as they may deem proper; and to the act of February 17, 1911, c. 103 (36 Stat., 913), relating to locomotive boilers. But it is manifest that none of these acts provides regulations for locomotive headlights. Attention is also called to the investigations conducted by what is known as the 'block signal and train control board' (organized by the Commission) and the reports of that board with respect to sundry devices and appliances, including headlights. It does not appear. however, either that Congress has acted or that the Commission under the authority of Congress has established any regulation so far as headlights are concerned. As to these, the situation has not been altered by any exertion of Federal power and the case stands as it has always stood without regulation unless it be supplied by local authority. The most that can be said is that inquiries have been made, but that Congress has not yet decided to establish regulations, either directly or through its subordinate body. as to the appliance in question. The intent to supersede the exercise of the State's police power with respect to this subject cannot be inferred from the restricted action which thus far has been taken. Missouri Pacific v. Larabee Mills, pra; Savage v. Jones, 225 U. S., 501, 533. Labor Organization in Canada bridge, 25; IIalifax, 24; Moosejaw, 24; 1913. Port Arthur, 23; Regina, 23; Moncton, 22; Nelson, 22; Medicine Hat, 21; New Westminster, 21; Windsor, 21. Total, 1,121. The Department of Labor of Canada has issued its third annual report on "Labor Organization in Canada." The report, which covers the year 1913, gives the following interesting information: Number of Members Reported.Toronto, 18,184; Montreal, 15,694; Winnipeg, 8,163; Vancouver, 7,502; Hamilton, 3,847; Ottawa, 3,089; Victoria, 2,581; London, 2,418; Calgary, 3,092; Edmonton, 2,781; Quebec, 4.890; St. John, 1,337; Fort William, 997; Saskatoon, 1,C63; St. Thomas, 1.524; Brandon, 456; Lethbridge, 1,339; Halifax, 1.259; Moosejaw, 1,420; Port Arthur, 518; Regina, 900; Moncton, 1,998; Nelson, 319; Medicine Hat, 1,049; New Westminster, 1,015; Windsor, 722. To The numerical strength of organized labor in Canada at the close of 1913 was approximately 176,000, an increase of nearly 16,000 over the figures given at the close of 1912. For each of the three years during which reports on organized labor in Canada have been issued the estimated membership has been as follows: 1911, 133,132; 1912, 160,120; 1913, 175,799. As shown by the figures there was an increase in membership of tal, 88,037. over 40.000 during the two years of 1912 and 1913. Estimated Membership of All Unions. -Toronto, 20,992; Montreal, 18,556; The greater part of the trades union Winnipeg, 9,999; Vancouver, 9,338; membership in Canada is attached to in- Hamilton, 5,143; Ottawa, 4,439; Victernational organizations, and the total toria, 3.607; London, 3,336;` Calgary. for 1913, of such membership reached, 4,010; Edmonton, 3,645; Quebec, 5,916; according to the report, the large pro- St. John, 2,147; Fort William, 1,861; portions of 149,577, leaving a remainder Saskatoon, 1,657; St. Thomas, 2,064; of 26.222 members for all other organ- Brandon, 1,266; Lethbridge, 1,933; Halized bodies. At the close of 1913 there ifax, 1,779; Moosejaw, 1,852; Port Arwere in Canada 2,017 local trade union thur, 1,058; Regina, 1,440; Moncton. branches of all classes, of which 1,792 2,376; Nelson, 967; Medicine Hat. have international affiliation, 199 are of 1,481; New Westminster, 1,339; Winda non-international character, and 34 are sor, 1,154. Total, 113,365. independent local bodies. There was, according to these figures, an increase of 154 international local union branches, a decrease of 26 non-international and an increase of six independent bodies. At the close of 1913 there were 101 international organizations having one or more local branches in Canada, which was an increase of two during the year, and there were 13 non-international organized bodies in the Dominion which, compared with 1912, is an increase of three. Organized Labor in Canadian Cities. The relative strength of organized labor in 26 Canadian cities is given as follows: Number of Unions in Locality.Toronto, 131; Montreal, 121; Winnipeg, 82; Vancouver, 81; Hamilton, 60; Ottawa, 56; Victoria, 47; London, 45; Calgary, 44; Edmonton, 43; Quebec, 41; St. John, 32; Fort William, 31; Saskatoon, 29; St. Thomas, 26; Brandon, 26; Leth Attention is given in the report to the "general scheme of organization which has developed in the federations, district councils and trade and labor councils to be found in the leading industrial centers." A discussion of some leading features of the chief railroad brotherhoods and orders is the subject of an interesting chapter and the duties and responsibilities placed on the various committees known and designated as "general," "grievance," "adjustment," "protective," "legislative," etc., are considered, as well as other matters of vital import pertaining to the leading bodies embraced in the railway group. The report includes particulars not only of every known local trade union in Canada, but as well a list of all international and non-international central organizing bodies, together with the names and addresses of the chief executive officers, and thus serves as a directory of trade unions for the Dominion for 1914. Labor Affairs in the United King- cent of the railway workers organized. dom-Great Labor Organizations The following resolution on this point was passed unanimously: Joining Forces.* the "That this congress views with highest appreciation the vast number of new entrants into this organization and, fully realizing that a very great improvement should immediately take place in the working conditions of our members, hereby urges that in the very near future a date shall be definitely fixed by our executive committee when instructions will be given to our members to discontinue working along with non-unionists." One of the outstanding features of the past month has been the big annual convention of the new National Union of Railwaymen which, as readers of this Magazine are aware, is the amalgamation of three other older national unions, the principal of these being, of course, the Amalgamated Society of Railway Servants. This was the first convention of the united body and although this-the The seven days' week was also espeSwansea Convention-was attended by cially attacked by the delegates and the only 60 delegates, they represented close convention expressed itself strongly in upon 300,000 members. Prominent favor of Sunday rest or anyway one amongst the decisions of the convention day's rest in seven. was the endorsement of what is known as the triple alliance of labor, that is, the agreement between the National Union of Railwaymen, the Miners' Federation, and the Transport Workers' Federation for common action in case of attack. These immense labor associations between them muster about one and a quarter million men and can be relied upon to offer a united front to plutocratic aggression. The railway men's leaders at the convention indicated that on the side of the workers there would also be imposed more restraint in the matter of sectional and unauthorized strikes with a view to conserving all resources for the big industrial battles. So far as railwaymen are concerned . President Bellamy said that they were out for eight hours, but not in order that more money might be paid for overtime. It was overtime that had been the curse of railwaymen. It had hitherto hindered their reasonable demands. The allied demand for a five shillings ($1.25) increase was made because they believed that it would materially assist every railwayman in the country. Some thought it an extravagant demand, but the men had to place a little higher value upon themselves; at any rate they would accept the five shillings as a first instalment. Furthermore, Bellamy pointed out that their union was going first and foremost for the extinction of non-unionism in the railway service. Even now with the splendid membership roll of the National Union of Railwaymen, and also taking into account the men organized in the locomotive engineers and firemen's association, and in the railway clerks' union, there is as yet only about 50 per Exclusive Correspondence to the Locomotive Fire men and Enginemen's Magazine. A resolution requesting that, in view of the growth of the union, officials should devote their whole time to the duties of their office, and that those officials who were members of Parliament should be instructed not to offer themselves as Parliamentary candidates, was negatived by an overwhelming majority, the opinion being expressed that the position of officials who were members of Parliament should remain undisturbed. The new national program was also endorsed unanimously by the delegates, involving as it does a demand for an eighthour day and an all-around increase of $1.25 per week and the recognition of the union. Unofficial opinion was also very strong amongst the delegates that the new program should also include a demand for a minimum wage of $7.50 per week. The most important strike in operation at the time of writing is that of the marine engineers engaged on British cargo steamers. With regard to the London building trades lock-out, which is now in its sixth month, the proposals have again been rejected by the majority of the locked-out men. A few small unions, stone masons, crane drivers, etc., are in favor of accepting the employers' modified terms and the main body of locked-out men and disare now proposing to break away from cuss a sectional settlement with the employers. This is the first break in the united organization of the building trade workers and is generally regarded here as a setback to the workers movement. The idea amongst the majority of the members of the building trades unions in London, who are also combined collectively in the London Building Industries Federation, is "All or None." Communications intended for publication should reach this office not later than the 10th of the month to insure their appearance in the following issue. Write on one side of the paper only. Sign name and address in all instances, not necessarily for publication, but as evidence of good faith. Correspondents may, if they desire, use a nom de plume, but no attention will be paid to anonymous communications. The Editor and Manager reserves the right to revise or reject any communication if he deems it to the best interests of the Brotherhood to do so. Obituary notices and resolutions and detailed accounts of events of a purely local nature can not be published. Pictures are published only when same are of general interest. All orders for subscriptions should be sent to the Editor and Manager. Members when changing their address should immediately notify the Magazine office. All changes for the Directory should reach this office previous to the 10th day of the second month of the quarter in which it is desired that such changes should take effect. Inquiries for the address of or any information concerning another, should be made through the secretary of the lodge nearest the residence of the person making such inquiry. WESTERN JOINT CONCERTED WAGE MOVEMENT- The present Western Joint Concerted Wage Movement is the most formidable campaign for improved wage and working conditions in the history of the railroad industry of the North American Continent. It involves on the one side substantially all western railroad companies and on the other the allied forces of the Brotherhood of Locomotive Engineers and the Brotherhood of Locomotive Firemen and Enginemen representing the engineers, firemen and hostlers in the service of those companies. The railroads concerned-those in the Western Federated District-comprise practically all lines west of Lake Michigan in the United States and the Illinois Central Railroad, that road being included, and all lines in Canada west of Fort William except the Grand Trunk Pacific Railway. The roads involved have a total mileage of practically 140,000 miles and the number of engineers, firemen and hostlers affected is about 55,000. Since January last Grand Chief Stone of the B. of L. E. and President Carter of our own Brotherhood and the General Chairmen representing the mem |