Semi-weekly herald., 1916-11-27
N Tr n OUoT
JUDGE HOOKS DECREE

The text of Judge Hooks decree
follows:
This is an independent suit to en-
Join the enforcement of recent act
of congress, commonly called the
Adamson law, upon the ground that
It is contrary to the constitution. In
the character of the averments, the
plaintiffs bill of complaint is stateo
10 be typical of number recently
filed by railroad companies in vari-
Gus district courts of the United
states. A motion to dismiss has
oeen presented on behalf of the de.
fendant United States attorney. The
sole question raised by it is that OF
the constitutionality of the law. The
court is informed that the othei
cases stand on applications for tenn
porary injunctions.
IAN appeal from an order grant
ing or refusing a temporary injunc-
ton goes to the circuit court Of ap
peals and not further by ordinary
procedure, while an appeal from d
final order or decree in such a case
would go direct to the supreme
nf IT,ifoI Ia,
former u decision would be incon-
elusive: in the latter a decision
would definitely settle the question
for the whole country. The action
TO dismiss the case here, however it
is decided, will promptly result in a
final decree from which an appeal
will be taken to the supreme court.
Duty A Hard One.
"Ths assistance of this court has
been invoked to facilitate a final
and authoritative determination of
the constitutional question. The case
was presented but yesterday and a
decision is expected today. 1t is far
from being agreeable duty for a
judge to record a Judicial conciu
sion without the care and delibera-
ton essential to conviction that
he would stand in every cireun.
stance. Upon the merits of a case
the government neither asks nor re.
ceives from a court greater consid
Grafton than is required by the set
tied rules and prescriptions of law,
but request by the department OF
justice to aid the progress of a case
consistently with the rights of every
one cannot be declined, certainly not
for personal consideration.
Upon consideration of the
Adamson law and of what is said of
its practical effect and what was in
tended to be accomplished by it, the
Judgment is that as the court con-
strues the terms of the law, it can
not be sustained.
"Since both parties have said they
would not plead further whatever
tlle ueClSlOil lilRill Dct u ueSiSe WE
be entered for the plaintiff, recitine
that the defendant prays and is al
lowed an appeal in an open court.
1.-THE case in which the plaintiffs
were appointed receivers is in charge
of the judge who is acting here. An
order will be entered in that case di-
recting plaintiffs and their counsel
to cooperate with the department
of a justice in lodging the appeal in
the supreme court by December 4
next and in then moving for the adj
vancement thereof for such early
hearing as that court may find it
consistent to grant: also to invite
cousel for all railroad companies and
others similarly interested in the
question involved to participate in
the presentation of the motion to ad-
vance and in the arguments on the
merits as fully as tho their clients
were parties to this litigation.
"The decree of the court in
the case here will be final in form,
yet, because of the exceptional cir
cumstances, the plaintiffs will be di-
rected to keep their accounts and be
prepared promptly to pay their EN-
ployes on the basis of the Adamsor
law should the decree be not sus
tanned"