Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1916-11-24


sides would work to get final decislo
before January 1 when the law become
effective
(By Associated Press.)
KANSAS CITY, Nov. 22.-The Adam
son eight-hour law was held unccnstitu
tional here today by Judge William
Hook in United States district court.
Judge Hook directed the receivers o
the Missouri, Oklahoma and Gulf rail
road. who brought the original action il
this case to enjoin the law from. goin
into effect, to assist the gov eminent Il
expediting the case to the supreme cour
for final decision and to invite the at
torneys of every railroad in this countr
TO participate In the hearings before tn
supreme court.
This was requested in the govern
ments motion to dismiss the inJunctio
petition of the railroad, the government
desiring to avoid prolonged, unneces
sary and sacattered litigation" tina
would be made necessary by the hearing
of countless similar suits filed by tn
railroads.
1t is expected that the ultimate decis
ion as to whether the law will go into eff
feet January ], will handed down befor
those suits come up for hearing.
stranscript of the present case will b.
fled nthe United States supreme cour
before IL reconvenes December I.
TEXT OF DECISION.
The text of Judge Hooks decree
follows:
This is an Independent suit 10
enjoin the enforcement of a recent
act of congress; commonly called
the Acamson law. upon the ground
that IL is contrary to the constiut-
ton. In the character of averments
the plaintiffs bill of complaint is
stated TO he typical Of number of
suits recently filed by railroad conf
psnles in various district courts OF
the United States. A motion to
dismiss has been presented on be-
half of the defendant United States
attorney. The sole question raised
by il is that Of the constitutionality
Of the law. The court is Informed
that the other cases stand on APP
plications for temporary inJunc-
tions.
An appeal from an order grant
ing or refusing a temporary injunc-
ton goes TO the circuit court of APP
peals and nc. further by ordinary
procedure, while an appeal from
final order or decree in such case
would go direct to the supreme
court of the United States. In the
former q decision would be incon-
elusive, in the latter a decision would
definitely settle the question for the
whole country. The motion to dis
miss the case here, however II is
decided, will promptly result in
final decree from which an appeal
will be taken &c the supreme court.
The assistance Of this court has
been invoked TO facilitate . final and
authoritative information Of the con-
stitutiOnal question. The question
was presented but yesterday and a
decision is expected today. 1t is far
from being an agreeable duty for
Judge to record a judicial conclusion
without the care and elaboration es-
sentiaI toa conviction that he would
stand to in every circumstance.
Upon the merits of the case the gov
eminent neither asks nor receives
from a court greater consideration
than is required by the settled rules
and presumptions of law, but re-
quest by the department of justice
TO aid the progress of case con-
sistently with the rights of every.
one cannot be declined, certainly not
for personal considerations.
Upon a consideration of the Adam
son law and of what is said Of Its
practical effect and what was intend
ed to be accomplished by ii, the judg-
ment Ia that as the court construes
the terms Of the law ii cannot be
sustained. Since both parties have
said they would not plead further
whatever the desision might be de-
cree will be entered for the plaintiff,
reciting that the defendant prays
annual ~, al
court.
COOPERATION is ASKED.
The case in which the plaintiffs
were appointed receivers Is in
charge of the judge who 10 acting
here An order will be entered in
that case directing plaintiffs and
their counsel TO cooperate with the
department of justice IN lodging
the appeal In the supreme court by
December 4 next and in then NOV
ing for the advancement thereof for
such early hearing as that court
may find IL consistent 20 grant: also
to invite counsel for all railroad
companies and others similarly in
terested in the question involved to
participate in the presentation of
the motion to advance, and in the
arguments on the merits as fully
as though their clients were par
ties - this litigation
Though the decree OF the court in
the case here will be final in form,
vet because OF the exceptional cir
cumstances the plaintiffs will be
directed to keep their accounts and
be prepared promptly to pay their
employees on the basis Of the Adam
son law should the decree be not
sustained.
Neither the attorneys for many larg
railroad systems who were present no
government counsel would comment o.
the courts decree.
Following Judge hooks decisio
Frank Hagerman, special counsel for tn
government. gave notice of an appes
which will be certified by the couT
late today. Mr. Hagerman also move
that the railroads action against tn
officers of the four railroad brotherhood
who were made joint defendants wit
the government either be dismissed o
that the brotherhood officers be permit
ted to take an appeal similar to tina
OF the government. This motion ais
will be passed on by Judge Hook lat
today.
Railroads May Agree