Reorganization of the Railways

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By the common law, and by statutory enactment, any agreement or combination in restraint of interstate trade is illegal and made criminal on the ground that such a pur- pose, if carried out, would be not only detri- mental but destructive of the public welfare.
But labor organizations were expressly ex- empt from the operation of these laws by a provision of Congress contained in the Clay- ton Act. By implication at least they are told not only to restrain interstate commerce, but to stop it en
...tirely whenever it suited their own private purpose. They may lawfully do an act which, if done by other men, would send them 189 190 to prison. Sucli class legislation as this, if persisted in, would destroy this republic.
The Congress has absolute power over in- terstate commerce and all the instrumental- ities that are used in connection with it. It has precisely the same right to regulate the employment and fix the wages of all the em- ployees of a railway company doing an inter- state business, that it has to fix the rates or income of the carrier.


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