West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1916-10-26
COnstitutlonallty Of the Elght-Hour
Day Law.

Excerpt from opinion rendered by
John T. McDonough, attorney for the
New York State Legislative Board. B.
of l.. +. & e., Sept. 1S 1850
am therefore OF opinion that the
act we are considering, establishing
an eight-hour day for employees i'm the
train service OF railroads engaged in
Interstate commerce, is constitution
al.
But you may ask. will the Supreme
Court Of tho United States so declare
II? That is another question, one that
| cannot answer I'm the affirmative.
The Supreme Court now consists of
nine judges. II is not wholly obliv-
ious TO public opinion or TO public pol
icy. In determining cases IL some
times reach point where the question
to be decided is close, evenly balanced
and then public policy or public opln-
ion is taken into consideration. In the
political campaign. now being waged,
Governor Hughes, the candidate and
leader OF one of the great parties. has
attacked the eight-hour law. is earn
estly opposed to IL, and II he be elect
ed, he will doubtless use his great
powers and influence as President TO
have II repealed by Congress or an
nulled by the courts. On the contrary
If President Wilson wins he and his
administration will look upon his vic
tory as verdict OF the people I'm favor
OF the law, and they will deem Il their
duty TO maintain and strengthen &C.
IT is possible too, In view OF the fact
that two or three OF the Justices OF the
Supreme Court have now reached such
an old age, over seventy years, that
they may retire from the bench, as
they can an full pay, or may pass to
their reward. and tho next President
In that case. will have one or more
vacancies on that bench to hIl. II
Will make much difference whether
such vacancy or vacancies be filled by
friends or foes OF this law, II the ap-
pointees shall have to pass on It's con
stitutionality.
DO you recall the decisions in the
legal tender cases? The Supreme
Court had decided that greenbacks
were not q legal tender for debts con
tracted before the passage OF the legal
tender act The court divided on that
question, fvo 20 three. and the decis-
ion was not satisfactory TO the Grant
administration Steps were taken by
powerful public men 10 have the hold
ing Of the court reversed. and so a
law was enacted making the court
consist OF nine Justices instead Of
eight One Of the eight, Justice Grier.
resigned, and the President had the ap-
pointment Of two justices. one IN his
place and ths new one BE named
Justices strong and Brady; tho ques
tion was reargued; The two now JUS
tices voted with the three who had
previously held that greenbacks were
a legal tender for debts contracted
before the passage Of the act as well
as thOsec Ontracted after such passage
and thus the court reversed It's former
| decision by a vote Of FIVE TO four. II
was charged at that time that tke
court was PACKED In favor ~ the
legal tender got Fhn shows what
may ~ dens even with Supreme
Court, and In view OF this. and other
reversals that might be mentioned
/ ike the income tax cases, II were a
railroad employee. and desired 70
maintain, protect and strengthen this
eight-hour law. 7 would vote 70 place
in ofIice its friends ana supporters,
rather than tAese who favor It's re-
peal ~ snnulment
Yours, etc.
JOHN T. McDONOUGH.
~ You want n--advertiso