Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1916-11-23
AdamSOn Law Held Uncon-
stitutional Simply AS
Step to High Court.
OTHER TESTS MAY BE
FILED, LAWYERS SAY


" ANSAS CITY, Nov. 22.-ln hold
IN ing that the Adamson eight-hour
law was unconstitutional today, Judge
William G. Hook in the United states
district court here, made it plain that
his decision was not based on mature
consideration of the merits of the
case. but ON cXpedicucy desired by all
parties at interest because Of the ne
cessity OF a final decision by the SUI
prcmc court OF the United states be
fore January next, when the law
goes into effect.
Tie legal moves in the process of
| consigning the problem direct to the
highest court of the land were some
what involved from the lay point of
view. but the lawyers concerned
rushed the matter thru with q speed
seldom seen i'll courts Of law
Gregory plan out.
Just what action Attorno y-Gencrai
Gregory would take remained "A close
ly guarded secret until yesterday when
Frank llagerman. retained as special
counsel to represent the federal gov
eminent in the Adamson law cases.
| suddenly set the ball rolling by asking
for the Missouri. oklahoma q Gulf
railroad. complainant in an Adamson
| law injunction suit. to Join with tho
defendant in proceedings which would
| g, Lsign the case on its merits to the
supreme court Today these events
uansrircd in court.
The Days Events.
1-Counsel for the receivers
asked that their bill for an IN
junction be granted and the
Adamson law be declared null
and void
2.-Mr. Hagerman for the gov
cInmont asked the court to dis
miss the bill and TO declare the
law constitutional.
3.-ThS court ovcrruled Mr..
Hagermah and declared the law
invalid.
4-PreparatiOn of a transcript OF
the evidence for presentation to
the supreme court was begun and
IL was expected that the mails
would deposit copies n Washing
ton by Saturday.
5.-Counsel for the receivers
were instructed to notify coun-
sci for all railroads Of the moves
made here and To invite them to
join In the case before the su-
prcme court.
Other Tests Possible.
The present case. IN the view Of Mr..
Hagcrman. provides all of the fac
tors necessary for a test case, but it
was said by James Dunlap Of the le-
gal staff Of the Atchison. Topeka &
Santa Fe, that among lawyers there
is some difference Of opinion on this
point He said that in some Quarters
it was thot that perhaps ono or two
additional test cases should be brot
to afford a wider range of inquiry and
analysis. The Missouri, Oklahoma *
Gulf railroad is in the hands Of a
receiver and the receiver could do
only az directed by Judge Hook, who
has the final say in the direction OF
the roads affairs. Mr. Dunlap said
that certain additional fine phases Of
law might develop in case where the
complainant was Independent.
Santa Fc Case Today
The case of tho Santa Fe is sChed-
uled to come up before Judge Pollock
in the district court Of Kansas City
Kan. tomorrow. There was much in
terest as to what effect. if any Judge
Hooks decision would have on this
case. Mr.. Dunlap said that until the
arrival tomorrow Of his associates in
the case he could not predict what ac-
ton would be taken. Mr.. Hagerman
was similarly at sea altho he said he
saw no reason why every question In
vClving the Santa F'e and all other
railroads could not be settled by to-
days test case.
one result OF the proceedings In
Judge Hooks court was the elimina-
ton OF brotherhood chairmen of Kan
sas as defendants to the action.
United states District Attorney Fran
els NJ. Wilson remained the only de-
fendant.