The sun., 1916-11-10
COURT DECISION ON
8 HOUR LAW ASKED
AtchisOn Railroad Files Pcti.
ton for Injunction in
Kansas City.
READY TO GIVE BOND
Says Measure Is Merely an
Arbitrary Increase in
Mems Wages.

KANSAS CITY, Mo-, Nov. "a petit
ton to enjoin the Federal District At
torney and Tabor leaders from putting
tho Adamson eight hour law into effect
was filed in the Federal distric, court
OF Kansas City. Kan. late to-day In
the name Of the Atchison. Topeka and
Santa Fo Railroad.
The bill calls attention to agreements
with train employees, none OF which, II
says. contemplates that the employee
shall work a fixed number Of hours. and
declares that, owing to the nature OF
train service. the trip In terms OF hours
or mileage IL preferred by the men as
the basis Of compensation.
The defendants are Fred Robertson.
United States District Attorney for the
District Of Kansas. and several train
service employees. including W. w. Hut
ton, a general chairman Of the Rail-
way Conductors W. r. Ready. a general
chairman Of the brotherhood OF Locomo-
tive Engineers W. e. Keiser. a general
chairman OF the brotherhood OF Loco
motive Firemen and Enginemen. and +.
A. Hobble, "A vice-chairman or the
Brotherhood Of Railroad Trainmen.
The bill shows that the company has
0pHFl -V' ~
as engineers. nremen. conductors. brake
men and fiagmen In the operation of It's
trains and that substantially all such
employees are members OF the above
mentioned labor orga, cation II have
Q common interest with the employees
who are named as defendants.
Agreements with the Men,.
Reference In made to the agreements
~ 49, a..a A.a az
ing compensation and conditions OF en-
ployment of train service employees. The
bill says:
"None Of said agreements conteIn-
plates that an employee shal work a
fixed number OF hours per day. that all
Of said agreements contemplate. and the
pe~culiarities Of railroad train service
necessitate. that employees engaged In
the operation OF a train shall remain
on duty until the train reaches the ter
minal where such train employees re-
side, or can be accommodated with lodg'
ting between trips, where the ncominG
employees can be relieved and replaced
By other employees. where there are
racks upon which the train can. without
blocking the main tracks. remain while
the transfer OF crews is taking place
and where they are shops. houses. turn
tables and tracks for the care or loco
motives so as to relieve the ncominE
locomotive for cleaning and repair. and
90 as to replace II with another locomo'
tive which has been prepared for haul
Ing the train beyond that terminal. IN
other words. complainant says that said
employees are and must be required to
perform the piece of work assigned &c
them that Is, to accompany their tran
until II reaches the end OF the run &c
which they are assigned
The bill then shows that the primary
basis Of compensation Is the trip and Il
measured. generally speaking. by mile
age. and that so long as the trip Is made
At an agreed rate OF speed, or In SONS
cases within a specified schedule time
there Is no payment except for the mile
age, and that payment by the hour |:
only a supplementary form Of payment
for any excess time that may be re
Quired when the agreed rate OF speed oil
the agreed schedule time Is not main
tanned.
There are also various supplemental,
bases OF compensation for delays a.
terminals. for incidental switching, fol
loading and unload ng live stock or ma
terial. sc, ali Of which arc related e
the primary mileage bass.