Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1916-11-18
B. { 0. ATTACKS
ADAMSON Law
Flies Injunction in u. S.
Court Against Numerous
Defendants
SIX COMPLAINTS
ARE SET OUT

BAIT MORE, Mu., nov. lo.--lnc
Baltimore and Ohio Railroad Com
pcay Glod i'm the United States Dis
trict Court late yesterday afternoon
a bill III equity asking for an iniunc-
ton against United States District
Attorney Dennis and the chairman of
the various brotherhoods Of engi-
neers. frcmen and conductors forbid
ding them from bringing prosecutions
against the ra .lroad company under
the Adamson Eight-hour Law. The
court is asked to declare that the
eight-hour law is unconstitutional
and void
The injunction is directed against
United States District Attorney
Samuel r. Dennis and ". J. Burke,
general chairman OF the Order OF
Railroad Conductors: W. W Puck
ert, general cha rman OF the Broth
orhood OF Engineers: A. B. Miller.
general chairman OF the Brotherhood
of Ffremen and Enginemen; J. n.
Nee. general chairman Of the Broth
hood OF Trainmen; W. r. Evans, L.
W. Leach r. T. Foster, H. NJ. Ions
c. +. Cox, Z. l.. Richards. 5 H..
Harris. David May, C.. z. Wing, and
r. a. Cole, individually and as rep
resentatives Of the local train ser
vice brotherhoods.
Six Complaints Filed.
Six complaints are set out in the
petition OF the Baltimore & Ohio Rail
road Co. why the AdamsOn bill IS IN
constitutional. The first objection is
that the act is not one Of regulation
OF commerce among the States or
with foreign nations and Il IS not a
means reasonably or appropriately re-
lated 10 any regulation Of sucn COM
mercc.
Second-thc act does not constitute
a legislative judgment but creates a
temporary and experimental status
for the purpose of enabling Congress
and President Woodrow Wilson TO
observe at the expense of the Balti-
more & Ohio Railroad Co. and other
railroad companies the effect OF ex-
pertinent so as 10 decide in the fu-
ture what requirements are proper.
Third-The act is unreasonable, and
arbitrarily deprives the company Of
its liberty OF contract. and thereby as
well as by compelling this complain
ant to pay increased wages-deprives
this complainant Of its liberty and
property without due process OF law.
Fourth-The act Is incapable of APP
plication 10 the subject matter with
which it deals, and IS. therefore, IN
workable and while imposing enor-
nous penalties for its violation, sup
piles no rules OF standards whereby
the complainant can know how to
comply.
Fifth-The classification Of the rail
roads in the act and the exemptions
from operation thereof of certain des-
isnated roads Is unjust, unreasonable
end arbitrary and deprives the com
plainant Of its property rights with
out due process Of law
S'xth-Said act favors certain
class OF railroad employees who now
receive high rates of wages for their
services and seeks to compel this
complainant to discriminate unjustly
and arbitrarily in favor OF these en-
ployes and against many others who
have no less rights to equal treat
ment
Contracts as Exhibits.
With the bill there were filed nu-
merous contracts between the Balu-
more & Ohio and its employees as to
the wage scale and also schedules OF
the pay given the employees for Ger
tain trips less than 100 miles. The
suit was fled through Attorneys Hugh
L. Bond. Jr.. and r. Marsden Smith.
The bill alleges that there are 2,179
engineers. 7s4 dremen. 500 con
ductors. Uses brakemen and 265 bag
gagemen employed by the corporation.
Commenting on the reported state
ment of Warren 5. Stone president OF
the Brotherhood of Locomotive Engi-
neers that the unions will obey the
law and that they will let the De-
partuent of Justice defend the suits
an official said be considered il fair
10 assume that the roads also are
disposed to obey the law, but they
are laboring under the difficulty OF
not knowing what it provides