Omaha daily bee., 1916-11-22
GOVERNMENT -
RUSH. A DECISION
ON 8,H0UR Law
Federal Attorney Wants Judge
Hook at Kansas City to Rule
on Plea for Injunction
Immediately.
THEN ASKS APPEAL MADE
Court Will Give Opinion Today,
So Matter Can Go to the
Supreme Bench.
BROUGHT TO QUICK ISSUE

Kansas City, Nov. illegal skir-
mishing in the fight of the railroads
of the United States against the Ad-
amson eight-hour law was brought
to a sudden issue today by motion
filed by the government in the
United States district court here,
which, it is expected, will result in a
decision on the constitutionality OF
the law by the supreme court of the
United States before January !, when
the law is to go into effect.
Prolonged litigation should, il
possible, be avoided, otherwise in
jury may result to the public and the
roads and their employees" the gov
ernment says in its motion as a rea-
son for its action,
The Two Requests.
The governments motion, which
was directed against Alexander New
and Henry c. Ferris, receivers for
the Missouri, Oklahoma and Gulf
railroad, embodied two distinct re-
quests of the court as follows:
1.-The government asks an i'm
mediate decision on the injunction
petition filed by the receivers of the
Missouri, Oklahoma and Gulf, in
which the Adamson law was attacked
as unconstitutional, and an order re-
quested forbidding its enforcement.
The government contends that the in
junction petition should be dismissed
because the law is constitutional,
therefore leaving the railroad no basis
in equity for its action.
"2-Should the law be held un-
constitutional, the government asks
that the court direct the receivers
for the railroad to join the govern
ment in getting the case advanced
Immediately to the supreme court of
the United States for final decision" |"
Will Decide Today.
Judge William c. Hook, sitting in
the case, announced that he will rem
der decision tomorrow. Judge Hook
stated from the bench that if the
motion were granted he would re-
| quest the receivers of the Missouri,
Oklahoma and Gulf to invite the le-
gal representative of all the rail-
| roads in the United States to take
part in the proceedings.
Should the law be held constitu-
tional by Judge Hook it is expected
that the railroads will appeal from
the decision in favor of the govern
ment in an effort to stop the laws de-
cree before January l. In any case,
the government plans to have the
question of constitutionality of the
law before the supreme court when
that tribunal reconvenes December
q, and to urge that it be advanced
for immediate hearing.
Can Be Ordered.
Action in the case was taken on
the injunction petition of the Mis-
souri,, Oklahoma and Gulf rather than
on similar petitions of other roads
throughout the United States, be-
cause the Missouri, Oklahoma and
Gulf is under the direction of the
federal court. That enabled the gov
ernment to ask the cooperation of
| the railroad in obtaining a final deci-
sion of the case before January /.
This assistance can be ordered by the
court, and, as indicated by Judge
Hook, will be so ordered if he de-
cides to grant the motion. Had the
government proceeded against rail-
road not in receivership it was point
ed out by member of the govern
ment counsel the railroad might have
chosen to combat the law through
various legal maneuvers, which would
have delayed the final decision in
definitely.
Like other injunction petitions filed
by many railroads, the Missouri,
| Oklahoma and Cuffs action against
the Adamson law contended that it
was unconstitutional because it de-
prived the railroads of their property
without due process of law, and com
PEELED them to pay large sums of
money to employees without receiv-
ing any thing in return.
Nothing to Be Excited Over.
The decision on this point tomor-
row will have no binding effect out
side of the Western Missouri judicial
district, and whichever way it goes,
may be nullifed by appeals to the su-
preme court.
There is no use to be excited
about this action" Frank Hagerman,
special counsel for the government,
said today. 1T is simply an action
to advance the case quickly to the
supreme court, which will be the
final arbiter."
NThe same view was expressed by
Arthur Miller, attorney for the Mis-
souri,, Oklahoma and Gulf railroad
receivers, who said the only thing to
be done now was to await the judges
decision.
Mr.. Hagerman filed the petition to-
day in the name of Francis M. Wilson.