Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-16
FILE
| SUITS AGAINST
EIGHT HOUR Law
-.---- .----.
Validity of Adamson Measure
Will Be Tested and Explained
in Court
TWO QUESTIONS WILL
REQUIRE MUCH DEBATE
Assistant Attorney General Un-
derwood to Have Charge Of
Government Defense

Fargo, N. o., Nov. 15.-suit I
will be filed in the federal dis I
triet court here this afternoon by
Judge N. c. Young on behalf Of
the Northern Pacific railroad, for
the prevention Of the enforce.
ment Of the Adamson eiaht-hour
law. The suit is directed against
District Attorney HiIdreth and
the leaders Of the four br6ther.
hoods.
Suits will be filed BY the Great
Northern and Milwaukee rail-
roads tomorrow. <s
Similar suits will be filed in al
federal district courts throughout
the territory through which these
81 roads run.
New York. Nov. 15.-suits filed by
railroads against the federal govern
ment to test the constitutionality Of
the Adamson eight-hour law also are
expected to result in the Interpretation
of the statutes, If 1t is upheld, the rail
] road managers. COMPRISING the Ma.
tiOnal Conference Committee of Rail-
ways, announced in q statement here
tonight.
Suits designed to test the validity of
the law and to RESTRAIN the govern
ment from putting It into, effect were
filed here today by the New York Cen
trail and Erie railroads.
Explains Program.
Similar suits were to be brought
within the next few days by each rail-
road in the country in each OF the fed
eral districts 1t traverses, according to
Elisha Lee, Chairman of the Confer
ence Committee Mr.. Lee issued a
statement at the end of the commit
tees three.day secret session, explain
ing the railroads program in their
fight against the law. The statement
follows:
1.-TWO questions are involved in the
appeal by the railroads to the courts
for liught on the Adamson law:
"One-Is the law constitutional?
"Two-lf it is constitutional, what
does it mean?
Opinions have been expressed by
eminent authorities that the law is un-
constitutional, and there are conflict
ing opinions as to how the law, if con-
stitutional, should be applied"
Suits Start in Many Places.
Washington, Nov. 15.-Suits by rail-
roads attacking the constitutionality Of
the eight.hour railroad law were be-
gun today in many parts of the coun-
try and the department of justice lay
plans to defend them.
No offer has yet been made by the
railroads to settle the question by one
test case It was stated officially that
Attorney General Gregory has made
no such proposition to the railroads,
and the department is planning to con-
test each suit as it comes up for hear
ing. Assistant Attorney General Un.
derwood will have direct charge of
the governments defense, and Frank
Haggerman of Kansas City, Mo-, has
been retained to assist him. Mr.. I'm
derwood expects to appear personally
in most of the cases, but their number
may make it necessary for him to en-
,ioy other special counsel.
The attorney general and Solicitor
General Davis have. been in confer
ence with Mr.. Underwood frequently
since the first suits were filed, and the
general lines of defense have been
laid Information so far reaching the
department shows that the railroads
base their prayers for temporary re-
straining orders against the law be-
coming effective on the ground that it
is unconstitutional and incapable of
enforcement. The government will re-
sist those contentious and asserts that
congress had ample power to enact
such legislation