Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-11-23
COnferees Silent

Both the attorney general and the
railroad counsel declined to name the
point of disagreement but it was UNI
derstood that both parties still feel
that a test case should be had and
that the main question is in selecting
the particular case. The conferences
will be resumed tomorrow.
The Department of Justice is said
to have insisted that the case of the
Missouri, Oklahoma & Gulf, in which
Federal Judge Hook in Kansas City
today held the Adamson act unconsti-
tutional should be made the test case.
The railroad attorneys, however, were
not convinced that the issues pre-
scented in it are sufficiently broad to
cover all points that might be de-
veloped against the Adamson act in
case involving a much larger prop
erty.
They were inclined to insist that the
Atchison, Topeka &; Santa Fe case,
which is set for hearing tomorrow at
Kansas City. would present the ques-
lions in issue more completely and
with more justice to the carriers. 1t
was pointed out tonight that the rail-
tc read the complaint filed in the Mis-
souri,. Oklahoma and Gulf case, al
though they are familiar with the ac-
lions begun by the larger roads and are
satisfied that they cover the ground so
thoroughly that the entire argument for
the railroads could be made on them in
the supreme court.
Railroad lawyers said that conditions
on different roads might be vastly diff
ferent and that while the Adamson law
might not be confiscatory if applied to
one road. it might if applied to another
where the territory traversed yield dis
similar return. where the expenses are
not the same and where other impor-
tant factors are far from identical. The
railroad attorneys are represented as
being DESTROYS that any case that goes
tc the supreme court with their agree
ment that it be a test case, shall in
volve some road where conditions are
as nearly typical as possible.
There was no indication tonight that
the differences cannot be reconciled The
Missouri, Oklahoma & Gulf case brought
by a federal receiver subject to the au-
thority of Judge Hook himself might be
pressed to an early conclusion in the su-
preme court without the concurrence of
the other railroads of the country. If
this were done, however. the department
of justice might be compelled to defend
any number of other suits which the rail-
roads interested would press on the
ground that the questions involved were
not identical with those covered.
The department is anxious to get an
early decision on the consttutionality Of
the Adamson law but is said also to be
anxious to avoid a multiplicity of de-
fences to all the many acts already
brought Although officials familiar with
supreme court procedure We're not in
clined today to believe that decision
could he had by Jan. I, department off,
GERS were hopeful that a way would be
found to do so, Among those who con-
sdered this aspect of the situation. it was
pointed out that the court would be COM
PEELED to disarrange its calendar COM
pletely to hear a case and that it Is not
unusual for it to decide such questions in
a short time 1t was suggested, too. that
the fact that Congress was charged with
forcing the law through. while it could
have no bearing on judicial finding on
its constitutionality hardly would be for
gotten by the members of the court and
they might decline to act in haste.