The Glenwood post., 1916-09-30
SAYS WILSON MISTAKEN

Memorial hall here tonight, replied to
statements in President Wilson IS speech
of Saturday, in connection with the
passage of the Adamson law.
Mr.. Hughes characterized as "most
regrettable' the reference made by
President Wilson to the so cent gas
case in New York as an instance where
the courts had refused to declare rate
fixing law unconstitutional in advance
of determining how it would operate.
''It has been sought to draw an an
alogy,'' Mr.. Hughes said, "betwee1
such case and legislation in advance
of inquiry. The courts have nothing to
do with the question of the wisdom or
policy of legislation. Questions of con
stitutionality come before courts after
the legislature has acted, presumably
with the knowledge of the facts and
upon inquiry
President Wilson's declaration that
he considered the eight-hour day as
principle that was not arbitrable, was
commented on as follows:
tsIt is said that the principle was not
arbitrable. 1t is a very extraordinary
statement, for eighteen years ago, be.
lieve in the passage of the act to pro-
mote conciliation and arbitration with
respect to disputes between interstate
commerce employees and carriers, there
was provision for arbitration with re-
spect to hours of labor, conditions OF
employment as well as of wages. And
in bill, which I believe was signed
during this administration in July,
1913, the same provision in 1 believe,
substantially the same language, was Ie'
enacted in the law providing for arbi-
tration with respect to wages, condi-
tions of employment and hours of labor.
"Of course the question whether il
a particular case that condition exists
which should provide for a certain
number of hours of labor is a question
requiring the most earnest considera-
ton. But no one in this controversy
to which | am now referring had any
idea of establishing an eight-hour work
day. The principle of the eight-houf
work day is not in any way involved.
81 protest against any endeavor 20
confuse the thought of America by talk
ing about an eight-haur work day when
nothing of the sort has been enacted,
nothing of the sort has been proposed
and the only thing that was proposed
or enacted was a change in the sched-
ule of wages.
eff there is anything more remarks
BILE or regrettable than the effort 20
have it appear that an eight-hour work
day is involved, it is an attempt to
draw an analogy between the case of
legisla ton of that description and the
action of our courts in dealing with
rate eases.
'It has been stated, for example, that
road rate, or as a telephone rate, and 1t
is attacked as unconstitutional, because
confiscatory, that the supreme court of
the United States has stated that II
tutional urtil the effect of the operation
of the rate had been disclosed.
att has been sought to draw an anal
ogy between such case and Legislation
in advance of inquiry. Now, our sys'
tenn of government requires the careful
study of facts, of full understanding,
and it is of the utmost Importance that
the thought of our people should De
kept clear with respect to the working
of the various departments of the gov
ernment The courts have nothing to
do with the question of the wisdom o!
policy of legislation.
"Questions of constitutionality come
before the courts after the Legislature
has acted, presumably with knowledge
of the facts and upon careful inquiry.
The question that comes before the
court is whether, after legislature has
presumably done its full duty in exam-
ining the facts and dealing with the
facts. according to the Judgment the act
of the legislature should be declared
void and of no effect because it exceed
Legislative power. The question before
the court is whether it should be de-
.clared- a. nullity because it was against
the constitution of the state or an act
Of congress orsagainst the constitution
of the United States. ,... t-r-....-.. ..
.s<whel anyone comes d into court
charging that = rate act is contrary. 70
the constitution of the state or Of the
United Statesr what does the court say
to him! Tt says "Before we will per-
form this function Of declaring legis-