The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-11-22

UNCONSTITUTIONAL because II GcpINeu
! The railroads Of their property without
due PROCESS OF law and compelled
them 70 pay large SUMS of money tn
employees without receiving anything
; in return.
An immediate Test
WASHINGTON. y. e.. Nov. IL
The constitutionaIity Of the AdamSnn
act may be determined by the Su.
prcme Court before January !. when
il becomes effective, through an I'M
dcrsrandinC between the railroads Of
the country attacking il and the De.
partment of Justice. Attorneys for
The Pennsylvania, New York Central
and Burlington roads conferred to-
night with Attorney General Gregory
and Solicitor General Davis. and il
was understood the question was dis
cussnd of making test case OF one
of the suits. with a view 10 bringing
The law before The Supreme Court as
soon rs possible.
Although department officials were
reiCent about the conference. il is
believed further negotiations will be
undertaken tomorrow. and that there
is prospect Of an agreement which
would put the Issue on one case.
IF this course is adopted, both tho
department and the railroads will
make every effort 10 expedite the case
they may select for the test. Al
though the question arose first to-day
at Kansas City in the case of the
Missouri. Oklahoma K Gulf, the pres
cnt intention here Is 10 make the fight
on the suit Of the Atchison, Topeka
&. Santa Fe suit. set for hearing there
Thursday.
Is Not Binding.
4 decision by the Supreme Court
would not in law be binding on other
liti"ants. but if the railroads and the
Department agreed that all parties
case. no other suits would be begun,
and those already instituted would be
dropped.
Both sides are represented as anx-
ious that there be al early decision
b. The highest Federal tribunal Of
Tho validity of the Adamson act. in
view of the importance Of the issues
involved and the unsettled condition
which may result from failure TO have
a final Interpretation promptly.
G.. c. Todd and Marvin T. Under.
wood. OF the department. are on their
way 10 Kansas City 10 appear in the
Santa Fe case and the departments
course probably will not be deter.
mined finally until they are commu.
nicated with and pass on The advisa-
hility OF resting the issue on this case.
Because Of the renewed seriousness
nf the dispute over inc act. President
Wilson has made recommendation
for railroad legislation the principal
part of his next message 10 congress.
which he completed late to-day.
These recommendations. il became
known definitely tonight. will be
practically tho same AS those made
by him to congress last August when
The Adamson bill part Of his pro
gram. was enacted 10 prevent the
threatened strike. The question was
discussed at to-day's cabinet meeting
and Attorney General Gregory report
cd on the steps taken by his depart
mrnt.
To Fix WAGES.
r. was learned to-day that tho Pres
idcnt has been strongly but Tainly
urged TO recommend 10 congress log
islation authorizing the Interstate
Commerce Commission 10 fix wages
paid on railroads. In addition 10 The
proposals made last summer for on
larcemenl Of the commission, on
forced investigation oil disputes ne
fore strikes or lOCkOuts and authOri-
XaiiOn To The commission 10 consider
wages in fixing freight rates. the
President Is understood 10 have de-
c!dpd 80 again urge that congress
make all arhitral awards in such dis
putes judgments by record by court
Of law.
The railway executives now IN
Washington held an extended meet
inc today 10 determine the order i'll
which their testimony will be- pre-
srntcd Thursday 10 The Joint congress
siunal committee Investigating rail
road problems. Their first spokesman
will h" \. p. Thorn. counsel 10 ihe
railway executive and advisory COM
mjt1"e.
The greatest musical treat Of the
season, The Russian Symphony Or
y H.