Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-11-16
ACTION is BEGUN
!. TO TEST VALIDITY
. OF E|GHT-HOURL LAW
Suits Filed in Many Parts of
Country on Behalf
of Railroads.
THEY SEEK INJUNCTION
AGAINST ITS OPERATION
Adamson Measure Held to Be
Not Regulation Of Com
mcrc-.
MERELY ;, WAGE INCREASE:
til Suits Brought Against Ii VIII lie
Defended by Department
Of Justice.
THEY SEEK INJUNCTION
AGAINST ITS OPERATION
All Snits Brought Against Ii VIII lie
Defended by Department
Of Justice.
rRy : ssoclated rreSs.l


WASIiINGTON, November l5.-Sn,..
hv railroads ATTACKING: tho consti,u-
tionali;y OF the eight-hotr.railroad law
were begun to-day in many parts or
the country. and tho Departmcn. %.
IWsiic" laid plars 20 defend them y.
Offer has Yet been made bv the rail
roads to settle tho question by one test
case. Attoruer-i;ercral Gregory has
made no such proposition to the rail-
roads. ana the Department /; planning
70 contest each suit as i; comes up for
nearing. Assistant Attorney General
Underwood will have direc; charge OF
the governments defense. and Frank
iiaGerman. OF Kansas city. has been
retained to assist him. MIR. Underwood
expects to appear personally in most
OF the cases
The Attorney General and Solicitor
General Davis have he n in conference
with Mr.. Underwood frequently s,,ce
the irst suits were filed and the gen.
eral lines Of defense have been laid
Information so far reaching the dc
partment shows that the railroads base
thcir prayers for temporary restraining
orders against the law becoming effcc-
i've on the ground that it is uoconsti-
tutional aud incapahle of enforcement.
inc government Will resist these con.
tcnti"ns and assert that Congress had
ample power to enact such legislation.
PROMPT AND FINAL. DECISION
u, COURT IS EXPECTED
Prompt and final decision by the Su-
preme Court OF the constitutionalitv or
the law is possible under Federal CONT
practice II way stated to-day. Undc-
accepted practice. II was explatned i'm
any OF the district courts where test
suits arc being brought, the district
judge might call in one or two district
or circuit judges To sit with him in
the case. After decision by such a
court, II was stated. AN appeal could lie
taken direct TO the Supreme Cour,
without delay for it's consideration bv
circuit Court of Appeals. Should a
test case or cases be appealed to the
supreme Court, it is believed. the court
would advance the Adnmson Act pro-
ceedings for eerly hearing and de-
ciSion.
Some OF the railroad brotherhood
leaders are expected here within IA day
or Two to prepare for their appearance
oel"re the congressional committee
making broad investigation into rho
b.
able that they Will see President vii
son.
The statement or Samuel Gompcrs
that the law would go into .rcc, 81,
Junction or no injunction," and rho
statement OF W. s. Carter, head ~ ~.
locomotive fremen and ensinemen de-
nying that strike had haen ,hr
ened II the law were not enforced. has
attracted attention amonp J-ed.r., 80;
Gals. 80
f'A'H ROAD MAY PREFER
TO FIGHT IT'S OWS CASE
department, officials in charge of the
license stated to-day that no offers
'."" "eeh made from the Attorney
General for making test case of any
i.'F''cui"r SUIT, 1t was pointed out
'hat the granting or refusal of n ten,
pofary restraining order by one Eed
erai Judge would have no binding Of
feet in law upon any other ind. 81
equal rank. and that at best its for..
would he only arEumentative. II was
said ais" that the department. has no
reason to believe that each railroaa
may not prefer to night its suit in the
nope mat II at least will be successful
20 Tar as the department has knowl
edge the railroad suits are mucb ,,;ta
requests for temporary restraining or
der 10 he made permanent by the court.
II showing is made to Justify il on III.
ground 'hat the Adamson law is u,con
stituiional and impossible OF perforu.
Ance.
The principal defense will be that j,
IS constitutional. and that Congress ala
not exceed its powers in enactinr IT.
TEST SUIT Is FILED