The sun., 1916-11-23
EIGHT HOUR LAW IS
VOIDED IN TEST SUIT
Federal Judge Hook Declares
Adamson Act Unconstitu-
tional to Aid Appeal.
GOES TO- HIGHEST BENCH
Transcript Will BE Ready Sat
urday and Supreme Court
Immediately to Act.
GOES re. HIGHEST BENCH

KANSAS CITr. Mo-, Nov. 2s.-The
Adamson eight hour law was held un-
Constitutional here to-day BY Judge VIII
nam c. Hook IN the United States DIS.
tr,ct Court. The court made 1t plain
that the decision was not based on ma.
ture consideration Of the merits Of the
ease. but on ~expediency desired BY all
parties at interest because OF the neces.
sity OF a fnai decision by the Supreme
Court Of the United States before Janu-
AIRY next. when the law goes into. effect,
The legal moves in the process Of
sending the case direct to the highest
court In the land were somewhat In.
VOWED from the lay point OF view. but
the lawyers concerned rushed the mat
ter through with a speed seldom wit.
messed In courts OF law.
Just what action Attorney General
Gregory would take remained a closely
guarded secret until yesterday. when
Frank Hagerman. retained ~ special
counsel to represent the Federal Govern.
ment In the suit. suddenly set the ball
. rolling by asking Judge Hook to instruct
the receiver Of the Missouri, Oklahoma
and Gulf Railroad. complainant In an In
Junction suit. to join with the defendant
IN proceedings which would consign the
case on its merits 10 the Supreme Court.
Transcript at Once Begus.
To-day these events transpired In
court by agreement:
First-Counsel for the receivers asked
that their bill for an Injunction be
granted and the Adamson law be de-
clared null and void.
second-Mr. Hagerman. for the Gov
ernment. asked the court to dismiss the
bill and to declare the Law constitutional.
Third-The court overruled Nj. Hager.
nan and declared the law invalid.
Fourth-Preparation OF a transcript Of
the evidence for presentation to the Su-
preme Court was begun and Il wa ex-
pected that the mails would deposit
copies In Washington by Saturday.
Fifth-Counsel for the receiver was
Instructed to notify counsel for all rail.
roads Of the moves made here and 20
invite them to Join In the Ease before
the Supreme Court.
May Ne Other Test Cases.
The present case. In the view Of Mr..
Hagerman. provides all of the factors
necessary for a test case. but II was
said by James Dunlap Of the legal stan
Of the Atchison. Topeka and Santa Fe
Railroad that among other lawyers
there Is some difference Of opinion on
this point. He said II was thought In
some quarters that perhaps one or W.
additional test cases should be brought
10 AFFORD a wider range Of inquiry and
analysis.
The Missouri. Oklahoma and Gulf
Railroad is in the hands Of q receives
and the receiver could do only as a.
rected by Judge Hook. who has the nnal
say In the direction OF the roads affairs.
Mr.. Dunlap said that certain additional
fine phases OF the law might develop In
. case where the complainant was inde-
pendent.
The case Of the Santa Fe Is scheduled
10 come up before Judge Pollock In the
United States District Court in Kansas
City. Kan. Tomorrow. There was much
interest as to what effect. II any. Judge
Hooks decision would have on this case.
Mr.. Dunlap said that until the arrival
tomorrow Of his associates he could
no, predict what action would be taken.
MIR. Hagerman was similarly at sea. al
though he said he saw no reason why
every question involving the Santa Fe
and all other railroads could not be set
tied by to-day's test case.
Brotherhood Chairmen Elinlnatsa.
One result OF The proceedings IN Judge
Hooks court was h elimination OF
brotherhood chairmen Of Kansas al de-
PENDANTS to the action. United states
District Attorney Francis M. Wilson re-
NAMED the only defendant.
The text Of Judge Hooks decree fol-
lows:
This IL an Independent suit to enjoin
tire enforcement Of . recent act OF Con-
gress. commonly called the Adamson
law. upon the ground that II II contrary