Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1908-04-17
HOLDS FEDERAL
LAW Is NOT VALID
JUDGE TARRANT DECIDES IMP0R-
TANT CASE INVOLVING THE
EIGHT-HOUR LAW.
MAKES POINT FOR THE STATE.
Hour Law Attempts to Regulate
Intrastate Commercials I'm
constitutional.
TO BE TAKEN TO SUPREME COURT.

MILWAUKEE, Wis, April II, 1908.
The federal 9-hour law, governing the
length of time railway telegraphers may
work, is declared to be unconstitutional
by Judge Warren D. Tarrant in a de-
cision handed down this morning.
The decision is based on the ground
that the federal government is exceed
ing its powers when it attempts to reg
ulate intrastate commerce.
The decision was given in the suit in
stituted by the state of Wisconsin
against the Chicago Milwaukee & st.
Paul railway company The state had
demurred to the answer of the railway
company and Judge Tarrant sustained
the demurrer.
Judge Tarrant further held that I'M
der the cOemployes decision rendered by
the United States supreme court six
months ago, there being no federal law
regulating commerce, it was within the
police power of the state to provide such
law for the safety of the people.
Attorneys G. III. Van Alstine and Hen
ry j. Killilea, attorneys for the defend
ants will take the case to the state
supreme court Immediately to test the
constitutionality of the law.
Stowell Station Case
The case decided by Judge Tarrant
was the outgrowth of Edward A. Nc
Grath being employed on January IL,
1908, as telegraph operator on the Mil
waukee road at Stowell station, being
required to work from a. m. to 8 p.
m.
In their answer to the complaint the
defendants hold that, as common car
riers, not more than half of the time of
the operator was used In the perform
ance of intrastate business, the balances
of the time being consumed in the trans,
action of interstate business. 1t is also
held that chapter SIS of the laws of
1907 are in conflict with section s, article
l of the constitution of the United States
and also with the commerce clause of
the act passed by Congress, March 4.
1907. in that it restricts the rights of:
the defendants and others to purchase,
labor and the employees right to sell their
labor.
A Burden on Defendants.
1t is further held that it conflicts with
section l. article IA of the amended CONF
stitution of the United States in that it,
seeks to regulate interstate commerce,
and impose a burden directly upon and,
interfering with the defendants, who are
unable to separate intrastate and inter-.
state business; that it places railway,
companies as common carriers in a dis,
favored class which is contrary to sec:
ton l. article I, of the Wisconsin con-
| stitution.
At present and since the federal g.
hour law became operative, March f.,
all the large railroads in Wisconsin have
been operating under that law in prefer
ence to the Wisconsin S-hour law
It is learned from railway officials
here that the roads will undoubtedly:
continue to operate under the federal
law. until such time as some high court
passes upon it, at least. The roads pre-
Ehn Low 70 thn cfo+o hn1
law. because it gives them uniform
working hours for telegraphers. no mat
ter in what states they may operate
| their lines.