The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-11-04
.COnSTITUI|0NALITY Of .
AOAMs0N ACT DEFENDED
Prominent Alumnus of University OF
Virginia vigorously Champions
Right OF Congress to Act
LEGAL PHASE OF QUESTION
Supreme Court Decisions All in Line
With Action OF National Law. MAX.
ing Body--Both Employer and EN-
ploye in Public Service.

Charlottesville. va. Nov cs--As
further evidence of the support which
the students of the University of vir-
ginia are giving the policies and presi-
Dental candidacy OF woodrow Will
son--hinn self Virginia alumnus--the
Virginia Law Review, edited and pub
(lished by the students OF the univer-
sty is carrying rs its leading article
for the November issue. defense of
the constitutionality of the eight-hour
railway wage law, which was recently
passed by Congress Harry T. Smith
a prominent member of the Alaban ma
bar, is the author,
Mr. Smith has presented keen and
conclusive legal ANALYSIS Of the ques-
ton, and this, coupled with the per-
tinency and timeliness of it. will gain
for the article a wide reading. The
constitutionality of the bill has been
raised as e political issue and this
article is among the first serious and
studied arguments in defense Of Its
validity.
The author Of this article indicates
that while the present law Axes the
minimum compensation for interstate
railway employees. and was necessary
in order to preserve service for the
public pending an investigation, 1t
may some day be necessary for Con-
sress to fix maximum scale, in order
that the common carrier may be en-
ahled TO serve the public upon a rea
sonable basis
Article Is Emphatic
The article Is particularly emphatic
in stating that in passing this law
Congress was in no wise yielding to
the demands of labor. but that the
question was whether Congress should
permit the interstate carriers to sus-
pend the performance of their public
functions. for which they had received
so large consideration from the
hands Of the public. In order 10 pro-
tect their private interests, although
this interest could be amply protected
at a much smaller loss by readjust
ment Of the freight rates"
Mr. Smith is in thorough sympathy
with the move made by the President
IN the crisis of the i'm pending strike
He devotes considerable space in max
inE-eieaf- tifT critical situation; and
reaches the conclusion that Congress
could only avoid an estima BILE damage
/
fixing a temporary rate at which the
interstate railwa~ employees were will
ing 70 work. since II was entirely be-
lyond the power of Congress to COM
pei the men to work. Mr.. Smith con-
tends that in 80 doing. there was no
danger of doing any interest any harm
since it is clearly within the power of
Congress to reimburse the railroads
for any injury which the preliminary
regulation might do by increasing the
freight rate
Had Tndisputcd Right to Legislate.
The legal phase of the question Is
dealt with carefully and thoroughly.
The right of Congress to legislate on
such matters is traced through early
supreme Court decisions affecting leg
islation on other public interests
Previous decisions made by that court
on questions involving the right of
Congress TO fix the compensation of
pilots and coal miners. the right Of
States to require the railroads to Ak
the salary Of railroad commissioners,
and the constitutional right of Con-
sress to AK the rate of compensation