About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

34 Cornell L. Q. 155 (1948-1949)
Government Seizures in Labor Disputes

handle is hein.journals/clqv34 and id is 183 raw text is: GOVERNMENT SEIZURES IN LABOR DISPUTES BERTRAM F. WILLCOX AND ELIZABETH STOREY LANDIS* Work stoppages caused by labor disputes in public utilities or other industries vitally affecting the public health or safety have recently become a matter of widespread agitation.' The response to the prob- *The authors wish to express their gratitude to Eugene C. Gerhart, Esq., of Binghamton, New York, for his help and suggestions throughout the entire article, and to Professor John W. MacDonald of the Cornell Law School for reading the section dealing with eminent domain and for suggesting the use of receivership techniques. 'Since the beginning of the Second World War, twelve states have passed statutes dealing with some phase of the problem: FLA. STAT. ANN. (Supp. 1947) §§ 453.01-453.17, 2A CCH LAB. LAW SERv. U 43,402 (1947); IND. ANeN. STAT. (Burns, Supp. 1947) §§ 40- 2401-40-2415, 2A CCH LAB. LAW SERV. U 43,409 (1947); MASS. ANN. LAWS (Supp. 1947), c. 150B, §§ 1-7, 3 P-H LAB. LAW SERV. Uf 47,788 (1947); MnqN. STAT. ANN. (Supp. 1947) § 179.38, 2A CCH LAB. LAW SERv. ff 43,404A (1947); Mo. REV. STAT. (Supp. 1947) §§ 10178.101-10178.122, 3 P-H LAB. LAW SERV. 9 47,740 (1947); Neb. Laws 1947, L. B. 537, 2A CCH LAB. LAW SERv. ff 43,402 (1947); N. J. STAT. ANN. (Supp. 1947) §§ 13 B:1-26, 2A CCH LAB. LAW SERV. Uf 42,514 (1947) ; N. D. REv. CODE (1943) tit. 37. § 37-0106; PA. STAT. ANN. (Purdon, Supp. 1947) tit. 43, §§ 206, 213, 215, 2A CCH LAB. LAW SERV. U 42,501-18; TEx. STAT., REV. Civ. (Vernon, 1947) art. 5154b, 2A CCH LAB. LAW SERv. ff 43,412 (1947); VA. CODE (Michie, et al., Supp. 1948) § 1887 (113-40), 2A CCH LAB. LAW SERv. Uf 43,406 (1947); Wis. STAT. (Brossard, Supp. 1947) § 111.50-111.65, 2A CCH LAB. LAW SERV. Uf 42,502-17 (1947); and see the emergency Virginia statute dealing with ferries only, VA. CODE (Michie, et al., Supp. 1948) § 2072 (33). In addition, the Kansas statute of World War I vintage, KAN. GEN. STAT. (Corrick, 1935) § 44-603, which declared the food, clothing, fuel industries and transportation of them, as well as public utilities, to be affected with public interest and subject to state supervision, has been supplemented by a provision for emergency action in case of work stoppage. KAN. GEN. STAT. (Corrick, Supp. 1947) § 44-620, 2A CCH LAB. LAw SERV. F 43,402 (1947). The intense feeling aroused by the problem is indicated by the statements of public policy prefacing these statutes. For example, the Nebraska statute reads: The con- tinuous, uninterrupted, and proper operation of public utilities is essential to the welfare, health and safety of the citizens of the state. It is contrary to the public policy of the state to permit any substantial impairment or suspension of the operation of any public utility by reason of industrial disputes therein and the state will exercise every power at its command to prevent the same so as to protect its citizens from any dangers or catastrophes which would result therefrom. The services of such public utilities are clothed with a vital public interest and to protect same it is necessary that the relations between the employers and employees in such industries be regulated by the state to the extent and in the manner herein provided. No right exists in any natural or corporate person or group of persons to hinder, delay or suspend the continuity or efficiency of any public -utility service, either by strike, lockout, or any other means. The Texas statute reads: . . . continuous service by public utilities furnishing electric energy, natural or artificial gas, or water to the public is absolutely essential to the life, health and safety of all the people, and . . . the wilful interruption or stoppage of such services by any person or group of persons is a public calamity which cannot be endured. .. See also Gerhart, Strikes and Eminent Domain, 30 J. A.. JuD. Soc'y 116 (1946); TWENTiETir CENTURY FuND LABOR COMNIiTTEE, STRIKES AND D mocRATic GOVFEZR-MSNT 24-29 (1947); REPORT or THE GovE oR's LABOR-MANAGEMENT CoirsnE, Mass. H. R. Doc. No. 1875 (Mar. 1947); Slichter, To End Strikes in Essential Inditstries, N. Y. Times. Jan. 12, 1947, § 6, p. 7; SLIcHTER, THE CHALLENGE OF INDUSTRTAL RELATIONS 167-69 (1947). Where the government failed to act in the case of the virtual lockout on the Toledo, Peoria and Western Railroad, the initiative was taken by private interests representing the affected community. In an action for equitable relief, the District Court for the Southern District of Illinois held that the court might appoint a receiver to run the railroad in the interests of the general public. Farmers Grain Co. v. Toledo, Peoria & Western R. R., 66 F. Supp. 845 (S. D. Ill. 1946). The circuit court reversed, but allowed a mandatory injunction to issue in behalf of petitioners requiring the railroad

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most