Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-11-18
Min Equity Consisting Of 81
'" pdr-s5 Pages Seeks 10 lest
ro,s-.-y-ooaI.ty SO-caIIed
s5anso0 Act
nS7RICT ATTORNEY AND
TBAINMEN DEFENDANTS
,0oca-H,r Is Made That En-
''f7 foroer1s0t Of Statute VIII
HanosrRaiIrOad in Enforce
meot Of Its Contracts,

A. r
"''I- = Nov. IA bin Of com
ro- f.ea by Capt. W. c. Reid
pa,s. .s. rni.ss states court for the dis-
ID "' New Mexico today for the
u'', i't..nr topeka & Santa Fe Railway
~, ~ against Summers BurkhaF"
,o., ,.H..s states district attorney and a
mn ~. ~ the officials Of the local
nun'St 'St,oHons Of the railroad train
rh,cb seeks TO test the constltu-
gonolity Of the so-called Adamsoh
law a,.,,. eivtv-one
..,tod nages and goes into great de-
,a1 relative to the preliminary nego-
..aaons preceding the passage Of the
ora the schedule upon which the
~, were working and are now work
,rr and the changes that the Dill
,osks TO make. In general way II
,iogas that the Atchison, Topeka q
Santa Fs Railway company employs
,h,u. 24O trainmen whose wages
rai be affected by the Adamson act
that the present schedule of the men
1 laged almost entirely upon a mile
.oo basis and that it is impossible to
Lace # upon any other than a mileage
bosis that no one is able to state the
meaning and intention of the Adam
son act. that it would increase the
wages paid by the Atchison, Topeka n
Santa Fe Railway company to many
n IFS employees to the extent Of at
least several hundred thousand dol
tlF-s and would seriously hamper 1t in
framing contracts with its employees
in train service; that the act is un-
constitutional and void for the follow
ing reasons!
Not Commerce Regulation.
Said act is not a regulation of COM
merce among the states or with for
eign nations, and is not means rea-
sonably or appropriately related to
any regulation Of such commerce.
Said act does not constitute a legis-
atlye Judgment that the things re-
Quired by Section 3 thereof are proper,
but on its face shows that it merely
creates a temporary and experimental
status for the purpose of enabling con-
gress and the president to observe, at
the expense Of the companies, the ef-
feet of the experiment so as to decide
in the future whether any such re-
quirements, if constitutional, are
proper or not.
Said act unreasonably and arbitrar-
lily depryes the complainant of its lib
erty Of contract, and thereby, as well
as by compelling the complainant to
pay increased wages, deprives this
complainant of its liberty and prop
ery without due process of law.
That said act is incapable of ap-
phcation to the subject matter with
which it deals and is, therefore, un-
workable and, while imposing enor-
nous penalties for its violation, sup
pIes no rules or standards whereby
complainant can know how to comply
win the act; SO that complainant
'hough acting in the utmost good faith
would be subjected, in any effort to
comply with the statute to destructive
penalties; and, by reason of such un-
"ofkabllity and uncertainty, said act
not appropriate exercise of any
power possessed by congress and is
not due process of law.
Unjust Classification.
mat there is an unjust classification
VI railroads under such act and that
we penal clause Of the act was enact
g and made drastic so as to force
,ohphance with said act through fear
the penalties and punishment
'nefeln described as to prevent an
g'lefly resort to the courts for a just
Ve'sfmination of the rights of the
.0'nplainant and such penal clause, as
We" as the other provisions of said
~ are yio.ative of ard contrary to
.s provisions of the fifth amendment
States.
~ Is further complained OF that the
7-' matter with which said act
-'ls''akes TO deal is one in which
.r.'t@hsauon for services is, in nearly
~ case. reckoned primarily upon
-. -ses"ork basis, but that such act
.'s'ap's TO substitute, as a primary
.-l 'he exclusive basis, a period Of
"I-s' '1vit eight hours.
-"ai the changes which the act pur-
rs " -aae md the damarda which