Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-11-22
Federal District Court at
Kansas City Makes
Early Ruling.
UNCONSTITUTIONAL,
SAYS JUDGE HOOK
Decision TO Be Made Tsst and Plans
Arc Perfected For Immediate A..
peal to United States suprsms Ceurt,
in Hope Of Obtaining Final DseIsien
Before Law Becomes Effective Jan.
Other Test Suits May Wsit.

Kansas City, Nov. 22.-The Adamson
! tght-hour law was held unconstitu-
~ nal here today by Judge William C.
Hook, in the United States district
| court.
Judge Hook directed tho receivers OF
the Missouri. Oklahoma & Gulf rail-
| road, who brought the original action
! in this case to enjoin the law from go-
| ing into effect. to assist the governments
| In expediting the case to the supreme
court of the United States for final de-
cision and instructed them snru their
| attorneys to invite the representatives
| OF every railroad in this country to par
ticipate In the hearings before the
highest court In the land. This was re-
quested In the governments motion To
dismiss the injunction petition OF tho
railroad, the government desiring TO
| avoid prolonged, unnecessary and scat
tered litigation" thru the hearing OF
| countless similar suits filed by every
rail system in every federal district in
the United States thru which their lines
| run.
II Is expected that the ultimate de-
csion as to whether the law will 20
| into effect Jan. will be handed down
before that time transcript OF tho
present case will be filed at the su-s
| preme court before it reconvenes.
Dec. 1.
Text Of Deeree.
The text Of Judge Hooks decree fol-
lows:
This Is an independent suis to ems
join the enforcement OF resent act sO1
congress. commonly called the Adam.
son law. upon the ground that, Il ~
contrary to tho constitution. In thu
tins bin Of complaint IL statcd to ~;
typical OF = number recently fled hyS
railroad companies In various district
courts of the United States, A motion
to dismiss has been presented on be-
| half Of the defendants by the United
States attorney, The sole question
! raised by 1t Is that OF the constitu-
| tionality of the law. The court Is in-
formed that the other cases stand on
applications for temporary injunotiois.
"An appeal from an order granting or
| refusing a temporary Injunction goes
| to the circuit court of appeals and not
further by ordinary procedure, while an
appeal from q final order or decree In
such q case would go direct to the su-
preme court OF the United States. In 4
the former a decision would be incop-
elusive: In the latter a decision would
definitely settle the question for the
whole question.
Appeal Taken For Granted.
"The motion to dismiss the case here.
| 1t is decided. will finally result In an
appeal to the supreme court. The as
sistance of this court has been invoked
| to facilitate final decision. The case
was presented but yesterday and de-
cision is expected today 1t Is not an
| enviable duty for a judge to record q
i judicial conclusion without the care ana
elaboration essential to conviction
that he would stand by in every cir
cumstance. Upon the merits OF tho
case the government neither asks nor
receives from a court greater consider
alton than Is required by the settled
| rules and presumptions Of law, but .
request by the department of justice to
aid the progress of their case can not
be declined. certainly not for personal
consideration.
Orders Co. cooperation.
Upon a consideration OF the Adam.
son law and what Ia said of Its practi.
| accomplished by it, the Judgment Id
| that. as the court construes the terms
Of the law, 1t can not be sustained.
! Since both parties have said they
| would not plead further. whatever the
| decision might be, a decree will be 81
| tered for the plaintiff, reciting that the
| defendant prays and is allowed an ap-
| peal in open court. The case In which
the plaintiffs were appointed receivers
Is in charge of the judge acting here.
| An order will be entered In that case
directing plaintiffs and their counsel to
cooperate with the department. Of
! justice In lodging an appeal In the
supreme court by Dec 4, and then
moving advancement OF an early hear
ing as that court may find It consistent
to grant: also to invite counsel for all
railroad oolnpany's interested In add
vance and the arguments OF the mer-
its, as tho their clients were party to
| this litigation. Tho the decree In the
case here will be final in form, yet be.
cause OF the exceptional circumstances.
the plaintiff will be directed TO keep
their accounts and be prepared prompt-
| ly to pay their employees On the basis Of
| the Adamson law should the decree be
| not sustained
Neither the attorneys for many large
railroad systems, who were present In
court, nor the government counsel
present would comment on the decree.
Apparently both sides regarded the
case as a means of Fastening a de-
oision infthe supreme court.
!. Submarine Ssixes Mails.
Marseilles Nov. %. 80 The Greek
Il steamer Erissos has arrived here and