Arizona republican., 1916-11-22
Republican A. p. Leased wirel

KANSAS CITY, Nov. 21.-Legal skrmishing in the fight of the rail- roads of the United States against the Adamson eight-hour law was brought to sudden issue today by a motion filed by the government in the United States district court here, which it is expected will result in a decisicn on the constitutionality of the law by the supreme court of the Uni ted States before January 1, when the law is to go into effect.
 Prolonged litigation should if pos sible, be avoided otherwise injury may result to the public and the rail- roads and their employees the gov ernment says in it's motion as d req son for it's action
 The governments motion, which was directed against Chiefs Alexander New and Harry C. Ferris. receivers of the Missouri. Oklahoma and Gulf rail- road, embodied two distinct requests of the court as follows:
 "1-The government asks an im- mediate decision on the injunction petition filed by the receivers of the Missouri. Oklahoma and Gulf in which the AdamsOn law was attacked as unconstitutional and an order re- quested forbidding its enforcement. The government contends that the in junction petition should be dismissed because the law is constitutional. therefore, leaving the railroad no basis in equity for it's action.
 "2-Should the law be held uncOn- stitutional. the government asks that the court direct the receivers for the railroad to join the government in getting the case advanced immediately to the supreme court of the United States for final de"ision."
 Judge Vim. C. Hook. sitting in the case. announced that he will render a decision tomorrow. Judge Hook stated from the bench that if the motion We're granted. he would request re- oeivers of the Missouri. Oklahoma and Gulf to invite the legal representative of all railroads in the United States to take part in the proceedings.
 Should the law be held cons'itu- tional by Judge Hook. it is expecfel ] that the railroads will appeal from the decision in favor of the government in an effort to stop the laws decree before January 1. In any case. the government plans tn have the qnes- tion of consttutiOnality of the law be- fore the supreme court when that tribunal reconvenes December 4 and ta u~ee that it be advanced for inn mediate .heaIjng.--s--...assyzs
 Action in the case was Taken on tn- inilnctiOn petition of the Missouri. oklahoma and Gulf rather than on similar petitions of other roads throrghout the United States herause the Missouri Oklahoma and Gulf is under the direction of the federal court That enabled the government to ask the cooperation Of inc railroad in obtaining a final decision or the case before January l. This assist . anco can ha ordered bv the court an.t, as indicated bv JudPe Hook. will he so ordered if he decides tn grant tfH motion, Had tho government proceeded against a railroad not in reeeivership it was rointed out by n member Of the government counsel. the rairoa might have chosen to combat the law shrough various le~al manerver which wopld hove delayed the final decision indefinitely.
 Like othe- ininnctiOn netitions filed by many railroads the Missouri Ofia Eorna and Cuffs action sg1inet the Adamson law coutended that it "as uncopstitutionol he"ause it de~~ive' the railroads Of their pronnrtv withou' due process of law md corpellod them to nav sums of money to em- nloves without receiving anything IT return
 Decision ovn this ~oin- to~"n~ro7r WI have no tindino effect outside of t't western Missouri state ord wh'cheve' wav it goes. may he nrllified by ap- peals to the supreme court.
 "There is ro usa to he exoited Hbo"' this action" Frank Haeerrnan e1"ri7 counsel for tta government. -said io- day. "Jt is simniv Hn action to ad- vance tho case aifickl- to the sii"r' m co-rt which will he the final arhite-
 The same view was expressed n, Arthur Miller. attorney for the Mis- souri. oklahoma and Gulf receivers who said the orlv thino to he done now was to await the iudges decision
 Mr Hage'man filed the petition 'o- day in the namn of Francis NJ. Will son United States district attorney.
 Nsv Core Uo Jan. let.
 WASHTNGTON. Nov. 21.-The con stitutionalitv of the Adamson act ma' he determineF by the supreme cou" before JanuayN 1. wher it becomes CT fective, through an understanding be.
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