The sun., 1916-11-16
SUE TO
ANNULS HOUR LAW
Continued from First Page.

Is unnecessary TO saw. will faithfully
follow the instructions Of the courts.
"In the bringing Of suits throughout
the country the railroads have no desire
to delay action or to resort TO techni-
calitiea. The railroads are anxious 70
have a speedy decision on the poih.s al
Issue, These separate suits are necss-
sayy 10 protect the individual roads. a
single suit would protect the indivioual
road only In the particular jur'solctl0n
within which the test case was urousn'
and would leave all roads subject 10
prosecution In other jurisdictlons' -.
The railroads have chosen Wna'
seems TO be the shortest and most prac-
ticai method Of reaching an early de-
cisjon, and in the meantime avoiding
multiplicity Of prosecutions and suits.
The railroads earnestly desire 10
take the right road, and II Is for this
reason that they have asked the courts
for ljght to show them the road.
stock ckhoIdevs Also May Sac.
IT is not at all unlikely that following
close upon the heels Of the suits di-
rectly In behalf Of the railroads there
will be other actions against the con-
stitut,onaiity Of the Adamson act IN.
stituted by stockholders. These would
alIeee grounds for the nullihcatlon or
the act other than those recited In the
bill Of complaints yesterday. This ex-
pedient will not be employed. however.
until the doom Of the present suits
seems certain.
Some OF the railroad lawyers have
pointed out that the Supreme Court
bench. which affirmed the constitu-
tionaiity OF the minimum wage law ana
other social welfare measures. will be In
clined to carry Its record for service to
the affirmance OF the Adamson act.
In the bills presented yesterday the
defendants named are the United states
Attorneys of the district OF ming ana a
brotherhood cha irman. The court is peti-
toned to restrain these defendants from
enforcing the Adanlson bill.
Twelve Points Are Attacked.
Twelve points wherein the law ls un-
constitutional are enumerated In the COM
plaint. IT demands that the complainant
and it's officers and agents be not re-
quired to observe the provisions OF the
act, and that pending decision the de-
PENDANTS be restrained from taking part
under the Adamson act In prosecutions
aga INST the complainant. The N'th and
Eighth Amendments to the Constitution
are brought forward to prove tnat prop
| erty would be taken without due process
Of law and that unjust punishment'
would be inflicted u the act were unwi,
! tingly violated.
| The twelve following points are thos'
| on which the roads base their petition
| that the law be stricken from the books
Because the act says that In no cas'
shalt compensation TO employees be re
cucsd below the present standard wage
and a present standard railroad was,
| does not exist. leaving the railroad ofh
oials uncertain as to the meaning OF th'
act.
| Because the act interferes unreason
ably with the libetty OF contract OF EN-
! ployer and employee In violation Of tn
Fifth Amendment OF the Constitution.
Tha, 1t imposes excessive fnes ant
cruel punishments in violation OF tn
Eighth Amendment,
THAI the penal clause was made dras
tic to enforce compliance with the &C
through fear OF penalties and to proven
an orderly resort to the courts for jus
determination Of the rights OF the com
plainant And therein Is In violation o
both the Fifth and Eighth Amendments.
Not Com mmerce Regulation.
|
to tell with rea sonable certainty wha
VIII constHuie 'ioia.ioh ot .he ac'.
that complainant ana Ns oHcers an
agents. though endeavoring in good fai,
to Somply with the act. would be sub
jet 20 ues'rue'Ne pe"a''es' rs We" "
i"ptisoh,hehI.
inat tne sisnt hour ia" nov 'es
uia.ion OF commerce Aiho,s ,ne s.a'e
or WIN Iore'sh hauons a.u no. ns", I,
reasonably OF sppioprlate,S re"'eu
any resuia''ou vi 'o"''neIee'
Inat there Is no 'ea' suos'anIa' cor
heeuon oe'"eeh 'he Ia" anu '"e ae'
commerce , J.,
inat u "e'e'y .'ear ss'"s' w
sun'hs January =, W., ""u e'u'''
hII'S uaSs ai'er 'ne 'o'his'. s""
make i's rePor'' tor 'he puipoSe VI ~"
ING an experiment W ooser'e "s enev
seStloh Repeats '"at '"e ac' N'sea''
taxes the eihpioyers p,opey anu se'
ton ~ repeats 'ha' u ~ '"ere's u" ca
pertinent
section IL declares tnat ,ne law
nelther resuIa',oh Oh ih'ers."e e"i'
meCce nor does u promote tne puo'
welfare, nut IT'S enactment ny 'ohsre'
a,, as ~ .',,"rsr
. .
, Section 12 In two clauses hoios IN;
! the ella ssiflcation OF railroads. mac