Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-11-23

every ono cannot he declined. certainly
not for personal considerations.
DIRECTED TO COOPER lTr:
N LODGING APPEAL
Upon II consideration Of the Adam
Son law and OF what is said Of It's
practical effect and what was intended
10 b" accomplished by IT, the Judgment
~ that the court constructs the terms
of TIL. law /, cannot be sustained
Sine" both parties have said they
would not plead further whatever tho
decision might he. decree viii he
entered for the plaintiff. rccitinc that
tho defendant prnys aud is allowed an
appeal IN AN open court. The case in
which the plaintiffs were appointed re.
ccivcrs Is in Charge OF the judG" who
is acting here. I'm order VIII u" en-
tered in that case directing plaintiffs
ana their counsel to cooperate with
the Department of Justic" in lodging
the appeal in the Supreme Court by
December next. and in then moving
for the advancement thereof for such
! early hearing az that court may find ii
| consistent 10 grant; also to invite
counsel for all railroad companies and
others similarly interested in tho Gucs-
| ton involved L" participate in tho pre-
! Sentation of the motion to advance and
! in tho arguments on tn" merits
| fully as though their clients were
| parties To this litigation. Though the
| decree OF the court in tho case here
viii be final in form, Yet because of
| the exceptional circumstances, tho
| plaintiffs Will hc directed TO keep their
accounts and he prepared promptly to
| pay their employees on the basis of
tho Adamson law should tho decree be-
not sustained
| TRY no AGREE on on: SUIT
ON WHICH TO MAKE TEST
| iiy Associated Press.
| WASliINGTON November 22-At-
! torncy-Gcneral Gregory and lawyers
| speaking for most Of the important
! railroad systems Of the country. were
! in conference several hours to-day but
! failed 10 agree on terms by which ono
! Of tho many railroad suits attacking
| tho Adamson act might he made IA test
| and expedited TO the supreme Court for
an carly decision on it's constitutional
itN.
Both Tia" Attvruey-'icu"ral and tho
| railroad counscIs declined 10 name the
I point OF disagreement. but IL was uu-
! dcrstcod that both parties still are Of
! TN" opinion that test case. should he
! had. ana that III" main question is in
selecting the particular case. The con-
| ier"nccs VIII lie resumed Tomorrow
|
| nav" insisted that the case OF the Mis-
souri, Oklahoma and Gulf in which
! Federal Judge Hook in Kansas City to-
[ day held tn" Adamson act unconstitu-
! ilonal, should b" the test case The
| railroad attorneys. however. were not
/ convinced that the issues presented in
| II arc sufficiently broad To cover all
points that might bc developed against
! tn" Adainson act in q case involving q,
! much larger property. They were in
| clin"d to insist that the Atchison
Topeka and Santa Fe ease. which is SO,
| Tor hearing Tomorrow AT Kansas CITY
/ would present tho questions with more
/ justice to the carriers
! II was pointed out Tonight that the
/ railroad men here h.,v. had no oppor-
/ iuniiy 10 re al the complaint Railroad
lawyers said that conditions on differ
| cn' roads might be vastly different
1 IheE desire that any case that goes to
/ the supreme Court with their agree
| m"nt thht ~ hc q test case. shall! in
NoiVe some road where conditions are
as nearly typical as possible.
There was no indication Tonight that
| inc differences cannot he rcConciled
| Inc department is ANXIOUS to get an
carry decision on the constitutionalitv
| OF the Adainson law. but is said also to
ne 'thxssonai 70, aYotd multiplicity Of
deicnses 10 all tire many actions al
r.adYvbroueht An understanding with
O-Ila y
would bring all the ,princi,,al raIl-
ROADS WITHIN tho agreement, and there
would De "A stipulation that actions
begun would be dropped and tina, no
] more would bc Instituted uuti1 III. SUI
P'.ihc Court decision was handed down
ne "hlS comment tonight from th.,
l'epartmcn; OF Justice on the decision
OF Judge Hook was this statement from
A''"rneys,''A raj GrcEoryi .At the
request OF '"t Department uf Justice.
Judge Hook, ia The suit. iiled hy Tho
missouri Oklahoma and Gulf Railway
20 Test inc Adamson law, rendered his
H"clsion inStanter and without arrr-
ncht, so as TO make il possible for
the supreme Court To decide the oues,
ton involved before the law goes inn,
effect on January / next Appeal OF
the case VIII he perfected TODAY"
Although officials familiar with SUI
prcme Court procedure were not in
c!lned to-day 20 believe that a decision
could be had by January l. department,
officers were hopeful that "A way would
be found to do so