The sun., 1916-09-29
IS THE ADAMSON EIGHT HOUR LAW
CONSTITUTIONAL?
The Administrations Labor Legislation Is Discriminatory and Not q rs
of "Ponce Power" to Safeguard the Public.

Article l., section 8. clause 3. Of the
Constitution gives Congress power ito
regulate m with foreign ma
tons and among the several States';
clause 7 gives power ito establish post
offices and post roads," and clause Is
empowers it ito make all laws which
shall be necessary and proper for
carrying into execution the foregoing
powers and all other powers vested by
this Constitution in the Government Of
the United States or In any depart
ment or officer thereof" This last
clause 10 u plenary power not adding
TO any power already granted.
These are the only clauses in the
Constitution under which Congress
could be said 10 have had power to
pass the Atkinson act. especially the
FIRST clause above quoted. Under this
clause the railroad rates and the so
called trust acts were enacted. 1t re-
mains to be seen whether the courts
would be willing to stretch still fur
Their this clause to include the law In
question. Tho railroads could well
argue that to prescribe for them what
wages they should pay and how many
hours they should employ their men
was not a necessary incident to the
power given Congress ito regulate
commerce." and that such intent was
foreign to the purpose OF the Consti-
tuition. The courts would have to
place an extraordinarily liberal con
struction upon the Constitution to sus-
tain the power Of Congress to pass the
present law.
Another objection that perhaps Will
be made to the law Is that it IL dis
criminatory. First. il discriminates In
favor Of roads mot exceeding 100 miles
in length; second. as to the class of
common carriers, and third, as to the
class of railroad employees.
Discriminatory legislation, showing
favor to one class of citizens at the
expense Of another class. has gener-
ally been held r%epugnant to the spirit
Of our institutions" by our courts and
void. Thus. roads not exceeding 100
, miles in length. electric roads, &c.. are
exempted BY the law. Then there are
different kinds Of commo carriers,
such as lake and river transportation
companies, stage coaches. tdNis. &c.,
but Congress picks out common ear
rier by railroads" for the purpose Of
his particular act.
The legislation is discriminatory he
cause it LOO not apply to all m
ployees in all interstate commerce., OF
ever To all the employees Of the rail-
roads involved. but merely affects and
benefits a very small proportion of all
ttA. ..N,V1.,E.n1 - fl. rAtfrnu11 lass
than 20 per eel
SO the statute may he declared un
constitutional by the courts because II
is highly discriminatory and amounts
To class legislation.
The courts on the other hand may
hold the statute constitutional upon
one of the broad principles such a.
police powers or public policy:
and here the personnel of the court
becomes vitality important. This will
be made still clearer by a brief ex-
PLANTATION how courts can declare a
| statute constitutional without any au-
ihority from the Constitution
Take the term of police powers.
for instance. What are the police
powers OF a Government? The term
has not AS yet received a fun and CON-
plete definition. 1t may he roughly
defined a. a power which inheres
within a given Government or a po-
litical subdivision thereof to protect
by such restraints n regulations "a
are reasonable and proper the lives,
| health. comfort and property Of rs
| citizens. and what is reasonable and
! proper is for the court to say as each
cas-. comes before il.
Now there ,s nothing To stop tho
Supreme Court of the United States
from honestly thinking that such a
law would protect the lives" sc.
of the people Of the country. But the
question for the lawyer is. Will il?
Precedents and principles NJ law, more
or less fixed. are all We have To 90 by.
During Colonial days wages were
regulated to a certain extent by eggs