The sun., 1916-11-15

Tine PISTOL ~ tnc OOuTt HOUSE, sDOOr'
1t was announced yesterday by the
representatives Of the so-called big
-Four" railroad brotherhOods h u
they would order n strike of their
10000 members unless the injunction
suits which have been instituted by
seven of the great railroads ~ the
country to test the constitutiOnnli'y
of the .Adnmson eight hour law are
withdrawn before the new year.
1t Is IL fundamental principle Of
American constitutional law that "the
courts of justice shall be open to
every person and that right AMI JUS
tice shall he administered without
denial. sale or delay" In other words.
every one under II system "f gov
eminent is at liberty Ia apply to the
courts To enforce his rights and re-
dress his wrongs. The very highest
duty Of the courts is 10 prevent tn"
enforcement Of acts of the S,atc leg
islatures or acts of congress whi'h
have been passed IN violation "f any
one Of the several State constitutions
or in violation NJ tle Constitution Of
the United States.
The railroad companies against
which Il great strike vas nVcr'cd IN
September last 10y the enactment "f
the Adamson law deem that statut"
unconstitutional that is to shy. they
regard it rs Il law which Congress
had nc authority to pass.
II there was any reasonable fouIi-
dattOn for this view the appropriate
lawful and p%eaceablc course for the
railroad companies {" pursue was to
apply to the courts for relief that
Is to say. to procure an ~ adjudication
In. some form annulling the statute
and thereby relieving the complain
nnts from any obligation to comply
with It's provisions.
The attitude of the railroad broth
erhOOds. however. is an attempt to
deny them this privilege. 1t evil
dencps an unwillingncSs to have the
validity Of the Adamson law passed
upon at all 10y the courts and thus
manifests IL distrust in the cunStitu-
tionality Of the statute and All appre-
hension that it will nj stand the test
Of judicial scrutiny.
We have profound sympathy With
any lawful effort on the part Of
Nr.Aretnurnn in "a GntI az lnI.nr. m
advance their W welfare and the
welfare of those dependent upon them.
providing such effort involves no
wrong to other individuals or 10 the
public at large. In III opinion. how
~ this declaration Of IN intention
to prevent recourse To the courts ot
justice on the part of corporations
which believe themselves to have been
injured by a statute passed in the
supposed interests Of labor Is a fatal
mistake and in reality hostile to the
welfare of those in whose behalf the
threat Is made.
IT will not do in this country to
say that a man may not 20 into court
without being punished for il. Or
the contrary, the honest workingmnl
ought to scorn to profit by an act OF
Congress which was passed In viola
ton Of the fundamental law; and the
great labor organizations should IN
the first to welcome an OppOrtunit,
10 have the constitutionality OF the
AdamsOn law passed upon by tho
courts.
II the brOtherhoOds need the hell
OF any act of Congress to assure t.
them any rights or privileges which
ought to be theirs. surely they do no
want to depend upon legislation 81
doubtful that they dare not submit /
to judicial examination.
The threat OF n strike to keen tn,
railroad companies out Of court Is $,
revolutionary in It's character that ",
cannot believe the brotherhood lead
ers will adhere to 1t II they TAXI
more time for reflection.