Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1916-11-24
The AdamsOn Law III Court.


Judge Hook, of the Federal District Court at
Kansas City before whom the first test case OF the
Adamson act was brought, holds the new law UNI
constitutional; but he prefaces his decision with
this interesting statement:
..The question was presented but yester-
day and a decision is expected today. 1t is
far from. being an agreeable duty for judge
10 record a judicial conclusion without the
care and elaboration essential to convic-
ton that he would stand to in every circum-
stance"
That is a candid admission that doubt still lurked
in the mind of the court But inasmuch as the
only conclusive answer must come from the
Supreme Court itself and as the Department of
Justice had requested with good reason that the
case be expedited TO that tribunal speedily as
the interests involved would allow, Judge Hook
made his decision without delay, though obviously
he would have welcomed more time for delibera-
ton.
There is an apparent disposition Oh the part
of the railroads as we'll the Government to
avoid prolonged and scattered litigation and to
obtain a final and authoritative decision on the
constitutionality of the Adamson act at an early
date. if possible before January the first when the
law is due to become operative. Certainly it is to
the interest of all parties concerned, the roads,
the trainmen and the public, that the legal points
of this question be determined promptly in order
that its broader aspects may receive well-advised
consideration from Congress.
Whatever the Supreme Courts decision may
be- Congress will have important duties to meet
and important problems to solve in this issue. The
Eight-Hour law was enacted as merely the first
step in a program of needful legislation. 1t was
enacted largely as an emergency measure to save
nod hY.
man justice and economic wisdom of the eight
hour working day, all things being equal, not
TO be gainsaid but the recognition of that princi
pie by disposes of all the important ques-
tions which sprang from the controversy between
the railroads and their trainmen employees. The
Adamson bill itself recognized that fact by pro-
viding in its second section:
THAT the President shall appoint a COM
mission of three which shall observe the
operation and effects of the institution of
the eight-hour standard work day above
defined and the facts and conditions affecting
the relations between the carriers and
ployes during a period of not less than six
months nor more than nine months, in the
discretion of the commission; and within
thirty days thereafter the commission shall re-
port its findings TO the President and Con-
gress.'
pointed and when the law becomes effective, will
begin an investigation that should settle on
impartial basis many questions which have been
mired in prejudice. Supplied with the facts thus
ascertained in the light of actual tests, Congress
can proceed intelgently with a program of per-
manent measures to meet the needs of all such
controversies.
Should the Supreme Court declare the Adamson
law unconstitutional, new act would be required.
clusivey, soon or late, with all aspects of the
mentous issue which the Adamson law was de-
signed to meet in part. Never again should the
Government be found without legal machinery TO
deal with such emergency as that which
threatened the nation last summer. Never again
should the interests and rights Of the American
public be placed at the mercy of either the rail
roads or the railroads employees. Common justice
and common safety demand that means which shall
be authoritative well peaceful and fair be
provided for settling such disputes.