The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-21
Special Counsel Files Suit for
Government in X. c.
Makes NO., Okla. and. Gulf In
junction a Test Case.
FOR DECISION BEFORE JAN.
Would Rush 1t Thru to SUI
preme Court by Dec. 4.
To Render Unnecessary Hear
ihgs on Flood of InjunctiOns.

kansas City. Nov. 21.-Frank Has-
arhan acting as special counsel for the
feaeral government filed TO-DAY In the
feneral district court before Judge
William c. Hook, petition asking an
ir{tnediate decision on the injunction
AGAINST the Adamso1 eight-hour law
asked by the receivers of the MISSOURI
Oklahoma & Gulf railroad.
The petition also asks for an order
from Judge Hook directing the receiv-
era of this road to join with the gov
eminent in getting the case advanced
before the supreme court winch coii-
venes December 4.
fhe purpose of the suit, it was said,
was to get decision on the constltu-
tidhality of the Adamson law by the
United States supreme court before
january /, when the law becomes Ell
fective.
This is simply a move of the gov
eminent to get the constitutionality or
the Adamson act passed upon as
quickly as possible before January l,
il Ii can be DONE" said Hagerman. IL
ought to be to the best interests Oh
everybody regardless of their lnd1Vlu-
ual opinions of the Adamson law, TO
get II tested out as promptly as pos
sibIe. That is all this move means.
The governments petition reads;
-sNow comes Francis NJ. Wilson,
United States district attorney for the
western district of Missouri, petition
er and respectfully shows There is IN
force an act of congress entitled: AN
act of carriers engaged in interstate
and foreign commerce and for other
purposes'; which was approved Sep
tefnber and 5, 1915. The operators
of'Various railroads in the country IN
GLIDING Alexander New and Henry =.
Ferriss, receivers herein, have mace
common cause in challenging the con-
stitutionality of the said act by fill
ing in certain districts of their own
choosing. This included separate in
junction suits against the district at
torney thereof. Prolonged, unnece5-
sary and scattered litigation should
if POSSIBLE, be avoided, otherwise in
Jury may result to the public and the
railroads and their employees.
whatever view all, or any, of the
sngsi prius' courts may take as to the
validity of the act, the supreme court
is the final arbiter. The tribunal
meets on December 4.
Want Injunction Dismissed.
eff a decree in the case of said re-
cefyers be forthwith entered and ap-
peal taken, a transcript can on thai
date be on file and that court vii
have the opportunity to advance it an6
possibly determine it before January
/. t. Some such course will render
wholly unnecessary the hearing of the
flood of injunction applications thru
out the country and Immediately
place the situation in the control Of
the supreme judicial power and make
possible a decision without delay.
{Petitioner proposes forthwith t.
file a motion to dismiss the bill OF
said receivers, so that it nay be i'm
mediately heard and determined
They, therefore, request an immedi.
ate hearing of the motion to dismis:
and that the court, if the determine
tion be against the said receivers, re
quiFe them to make every possible eff
fort to see that an appeal is perfected
and transcript filed in the supreme
court on or before December 4, 1916
and the cause advanced to the earlies
possible date; but if the determine
ton be for the receivers, then to re
qufre them to join the government il
making every possible effort for al
immediate hearing in the supreme
COURT