The Prescott daily news., 1916-11-25
.IcpfE ON CASE TO TEST ADAMSON LAW
,,.isiou on Appeal From Judge Val unok's Ruling to Govern Flu ..,o Measure-Other Cases Are Postponed.

v,.. City. Mo-, Nov. 24-All pre-
 mary ' obstacles to a decision by the
 DDarsme ,1n Court of the United States
 v s'f ths Adamson eight-hour law were
 anoved today The only possible
 ..,b in the proceedings now lies in
 a. M ouestion whether the Supreme
 rourt will advance the case and can
 ,srder decision by January l.
 Tho case of the Atchison, Topeka
 .,d Santa Fe and of other railroads
 which had applied to Judge Pollock in
 Ae United States District Court at
 Kansas City, Kan, were by agreement
 If attOrneys for the government and
 ior the railroads postponed until after
 darsiOn by the Supreme Court, and
 Frank Hagerman, special assistant to
 the attorney general in Adamson law
 rases, and Walker D. Hines, chairman
 If the committee of railroad lawyers,
 said that similar postponements will
 he required in all courts where injunc-
 ton suits have been filed.
 Railroads Welcome Action.
 The case which goes up is that of
 he Missouri, Oklahoma and Gulf, heard here last Wednesday by Judge Hook, who held that the law is uncon- sdtutiOnal The appeal was imme- dately taken The situation was eX- paned by Mir. Hines as follows:
 The railroads are pleased that this arrangement has been made for the prompt consideration by the Su- preme Court, and We shall do all in our power to aid in securing the ear lest possible argument and decision. When our committee was instructed several weeks ago by the railroad ex- ecutves to assist in the preparation of the bills of complaint to be filed by the various railroad companies, we also were instructed to take up with the attorney general the question of making test case for the Supreme Court
 Planned Similar Move.
 It was a coincidence that on last lpesday, the day the Department of Justice took its first steps in court at kansas City with a view of getting a est case, three members of our com Ml'ee' Tn ignorance of those steps, .aied on the attorney general at washington to see if a test case could De arranged.
 The test case will present the mat ter Tn the broadest way to the Su- p.tme Court. The main allegations " 'ne olll as to grounds of attack and " general facts are identical with 5 | 'ne main allegations in the bills filed u"e railroad companies generally. n nl'''ermore, the stipulation provides ua' We may also present the wage s"'uu'eS of other companies which 4. may deem necessary to illustrate If .p t'OsiSiohS Of the act. Recognition "e interests of the railroad con- % g@les In the test case is afforded by .as a provision that the chairman of our ~'',,ee' representing the railroads ssatfally' ,ta shall be co-attorneys in
 '' '"Se Tn the Supreme Court.
 .. So Men Will Not Lose. A.. me provision in the stipulation taa. na. our books and accounts shall be pnbo,1 1U'h manner that if the act is undo. ' tue amounts due the employees ,., ,a'sf the courts construction of the onlr oe ascertained and paid is not tioH. II. II, accordance with the sugges- tbo 10 n VI Judge Hook and the wishes of in '"r'meAt of Justice, but is also We ho,,o "ilh the position that bills nave ot taken from the outset. The the ,oa 'omplaint filed on behalf of cude i1ad n.i,s companies generally con acon. the following statement: ing pendin a.nant says that it is will natop ii pV"alng the courts final deterrni- i to tato as to the validity of said acr. prOvad su'n steps as may be ap- of preva... ~s the court for the purpose fer;ne r;reVentne any employe from sur- | ar x loss by reason of the tennor- to that a ''on herein prayed for: and sOurt to .u complainant prays the | take bv indicate what steps it shall counts way or keeping special ac- | the purno S"'"g bond or otherwise fer l ec,;r pose of assurinp cor,nlo.o o