The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-11-22
LAW To
Be TESTED IN
SUPREME COURT
PRELIMINARY ACTION
TAKEN AT KANSAS CITY
Twill Aim To Get Decision Be-
fore January First-Gov-
ernment Acts

KANSAS CITY, Mo. Nov. IL
Legal skirmishing in the fight Of the
railroads Of The United States against
lhe AdamSon eight hour law was
brought TO sudden issue to-day oy
motion filed ny the government Ill
the United States district court mere
which il IS expected will result III a.
decision on the conat!tutonality or
the by the supreme court OF tne
United States Ev January ! when the
law is to 90 into effect
"Proloneed. unnecessary and scat
tered litiSation should. If possible, DC
avoided. otherwise injury may result
10 the public and the railroads and
their employees" the government says
in It's motion as reason for its hc-
tion. .,
The governments motion. when
was directed against Alexander Ne"
and Henry G. Ferriss. receivers loL
lhe Missouri Oklahoma and Gulf rail
road IN. bodied iwO distinct requests
Of Ihe court as follows:
"l--Thr government asks an lmme-
dia1c decision on III" Injunction pell'
fion filed by the receivers Tor the MIS-
souri,, Oklahoma and Gllf. in which
Ihe Adamson law was attacked as
Unconstitutional, and an order re-
, Uuired forbidding its enforcement.
.rhr government contends that the lE''
: junction petition should be dlsnllsseu
b.cause the law is constitutional
therefore leaving the railroad no
, basis in equity for It's action
"2 Should the Law be held hncoh-
sritulional. the government asks 'nal '
the court direct the receivers 10Y tne
railroad 10 join the government IN sFt,
ting the case advanced immediately
10 the supreme court OF the lnlleu
States for final decision.
Decision To-day.
Judce VIM. c. Hook. sitting III the
case, took the motion under ADVISE
ment and announced that he Will rem
der a decision tomorrow.
! While the governments Actlun Was
taken today in the case OF one ran
! road. every railway system i'll me
country is affected by tn" case ana
Eventually may be participants III IT,
Judge Hook stated from the bench
that if the motion wcr" granted, ne
would require The receivers OF Tue
Missouri, Oklahoma and Gull 10 ihEiL@
the legal representatives OF all inc
railroads in the United States 10 lake
part in the proceedings before inc
highest court in the land which VII
decide finally whether or not the Ia"
is TO be enforced.
Should the law be held constitution
al br Judge Hook. ii is expected thal
the railroads will appeal from the de'
cision in favor of the government IN
an effort 10 stop the laws decree be-
fore January l. In any case the gov
ernment plans 10 have the conStiiu'
tionalitv Of the law before the SUI
preme Court when that tribunal re-
conyenes December I and TO urge that
il be advanced for immediate hearing,
Action On Injunction
Action in the case was taken on the
Injunction petition or the Missouri,
Oklahoma and Gulf, rather than on
similar petitions of scores OF other
roads throughout the United States,
because the Missouri, Oklahoma ana
Gulf is in receivership and under ti!e
direction OF the federal court. This
enabled the government 10 ask the CO.
operation of the railroads in obtaining
a final decision of the case before Jan
uarv |. This assistance can he ordered
by the court and. as indicated b.
Judge Hook, will be so ordered II ne
decides to grant the motion. Had the
government proceeded against rail
road not in receivership, it was point
ed out by member Of the government
counsel, the railroad might have chos'