The Washington herald., 1916-11-23
HOOK DECISION
NOT TO Be TEST
OF S-HOUR LAW
Attorney General Gregory An
nounces New Case Will
Be Chosen.
RAILROADS TO SELECT
Importance of Kansas City Jurist's
Action Nuli6ed by New
Move.


authorized the announcement that
some other case than the one decided
In Kansas City yesterday would be
made the basis of the governments
test of the constitutionality of the
eight-hour law. 1t is more than prob
able that the Santa Fe and Union Pa
ei6c cases, which are to be argued in
Kansas City today, will be selected for
the appeal to the Supreme Court for
final decision.
Neither the government nor the rail-
roads are satisfied with the points in
volved in Judge Hooks decision. In
the first place, the case was filed by
one of the smaller roads. and in the
second place, this road is now oper-
ated under a Federal receivership.
Furthermore. the question of contracts
between the railways and their en-
ployes is much different in the big
railroad systems. and the railway law
yers desire to have the Supreme
Courts decision rendered upon case
which more nearly covers all the
points at issue than in the case which
was before Judge Hooks court.
Confers with Masnates.
Attorney General Gregory spent the
greater part of the day in conference
with attorneys representing three Of the
great railway systems-A w. Harris, of
the New York Central; Fred Mckinney,
of the Pennsylvania. and Chester Dawes
of the Burlington. They were closeted
with him all morning, and resumed their
conference in the afternoon, remaining
with him untn nearly o'clock. This
conference was for the purpose of seek
Ing to reach an agreement as to which
particular case would be selected for the
test of the laws constitutionality. No
agreement was reached, however, and
the conference will be resumed today.
THE only point at ISSUE" said the
Attorney General, "is as to which case
the railways will select for the test We
went over the cases in a general way,
but arrived at no conclusion. As soon as
the attorneys for the railway come to
decision as to which case they will choose
as the one upon which they will make
their stand against the law the govern
ment will be ready to meet them. 1t is
possible that We can agree to their Sc
lection and assist in obtaining speedy
decision from the Supreme Court"
The Attorney General expressed him
self as confident that it will be possible
TO have the Supreme Court pass upon the
constitutionality Of the law before the
first of the year, when it Is to become
effective.
Ready by December 4.
The bill in each case is not lengthy"
said the Attorney General, 'and we
should be able to prepare the papers and
have them before the court on December
l. when the court reconvenes, and thus
prepare the way for early action by the
court"
The railway attorneys, after their con-
ference with the Attorney General, said
they believed they would be able to reach
an agreement upon the matter at issue.
They said no special point was involved
except that the case heard yesterday did
not set forth all the grounds Of the rail-
roads opposition to the law.
Attorney General Gregory was in COM
munication by telegraph with his assist
ants. Messrs. Todd and Underwood, at
Kansas City, and received from them a
lengthy statement setting forth the main
features OF Judge Hooks decision. The
following statement was authorized by
the department:
AT the request Of the Department of
Justice, Judge Hook, in the suit filed by
the Missouri, Oklahoma and Gulf Rail-
way company 10 test Lne AQAHlSOn law,
rendered his decision instanter and with
out argument SO as to make It possible
for the Supreme Court to decide the
question involved before the law goes
into effect on January 1 next.
Appeal of the case will be perfected
today"
DeclsiOn Unexpected.
II is known that the decision by
Judge Hook was unexpected and set
awry the governments plans for the
defense of the Adamson law. Messrs.
Todd and Underwood left here for
the purpose of appearing in the Santa
Fe and Union Pacific cases. which are
set for today. The case which Judge
Hook had before him was not set for
yesterday and came rather unexpect-
edly. The confusion into which the
department was thrown by the deci-
sion. however. was cleared by the At
torney Generals announcement that
some other cases will be rushed to
the Supreme Court.
It is understood that once the rail-
way attorneys have made their selec-
tion of a test case, provided it is
agreeable to the government, all of
the other cases will be held in abey-
ance and the railroads will pledge
themselves to drop them and rest upon
fbs deciai0n of the SunreTna Courf in