Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-11-23
ADAMS0N EIGHT.
HOUR RAIL Law
DECLARED VOID
United States District Judge
Hook Hands Down Deci-
sion in Case at Kan.
sas City.
TO CONSOLIDATE SUITS
Railroads and Department OF
Justice Will Press Appeal to
Supreme Court.
FINAL DECISION HAD SOON
} CONSOLIDATE SUITS
FINAL DECISION HAD SOON

Kansas City, Mo, Nov 22-The
Adamson eight-hour law was held
unconstitutional here today by Judge
William (. Hook in United States
district court. .. ..
Judge Hook directed the receivers
of the Missouri, Oklahoma & Gulf
railroad, who brought the original ac-
ton in this case to enjoin the law
from going into effect, to assist the
government in expediting the case to
the supreme court OF the United States
for final decision and instructed them
through their attorneys to invite the
representatives of every railroad in
this country to participate in the hear
ings before the highest court in the
land. This was requested in the gov
ernment's motion to dismiss the in
junction petition of the rail- DAD, the
government desiring to avoid pro
longed, unnecessary and scattered liti-
CATION" through the hearing OF count
less similar suits filed by every rail
system in every federal district in the
United States through which their
lines run, 80 N.....
1t is expect.- the decision as to
whether the law will go into effect
January / will be handed down be-
fore that time. A transcript of the
present case will be filed at tn, su-
Dreme court before,,tt reccnNenes De-
cember 4.
Text of Decree.
The text of Judge Hooks decree
follows:
This is an independent suit to ell
join the enforcement of recent act
of congress, commonly called the
Adamson 'law, upon the ground that
it is contrary to the constitution. In
the character of the averments, the
plaintiffs bill of complaint is stated
to be typical of number recently
filed by railroad companies in various
district courts of the United States.
A motion to dismiss has been pre-
scented on behalf Of the defendant
United States attorney. The sole
question raised by it is OF the consti-
tutionality of the law. The court is
informed that the other cases stand
on application for temporary injunc-
ton.
"An, appeal from an order granting
or refusing a, temporary injunction
goes to the circuit court of appeals
and not further by ordinary proce-
dure, while an appeal from final
order or decree in such case would
go direct to the supreme court of the
United States. In the former, a de-
cision would be inconclusive; in the.
latter decision would definitely set
tie the question for the whole country.
The motion to dismiss the case here,
however it is decided, will promptly
result in a final decree from which
an appeal will be taken to the supreme
court.
"The assistance of this court has
been invoked to facilitate final and
authoritative determination of the
constitutional question. The case was
presented but yesterday, and decis-
%on is expected today. 1t is far from
being agreeable duty for a judge to
record a judicial conclusion without
the care and deliberation essential to
a conviction that he would stand to
in every circumstance. Upon the
merits of a case the government
neither asks nor receives from court
greater consideration than is required
by the essential rules and presump-
tions of law, but a request by the De-
partment of Justice to aid the progress
of case consistent with the rights of
every one cannot be declined. GER
tainly not for personal consideration.
Decree for Plaintiff.
upon a consideration of the Adam
son law and of what. is said of its
practical effect and what was intended
to be accomplished by it, the judg-
CONTINUED on Page Four-Column Two.)