Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1916-11-22
Action at Kansas City Elk
pected to Result in Deci-
sion Before Jan. l.
FEDERAL ATTORNEY
MAKES SHREWD MOVE
Files Motion for Immediate Hearing
in Case Instituted by R0ard in Re-
ownership, and Under Control Of
Federal Court, to Prevent Delay.

Kansas City, Nov. PA legal
skirmish in the fight Of the railroa Is
of the United States against the
Adamson eight-hour law, was brought
to a sudden issue today by motion
filed by the government in the United
States district court here, which it is
expected will result in a decision on
the constitutionality of the law by
the supreme court of the United
States before January /, when the law
is to go into effect.
'aProlonged, unnecessary and scat
tered litigation should, if possible. be
avoided, otherwise injury may result
to the public and the railroads and
their employees" the government says
in it's motion as reason for it's &C
ton. The governments motion.
which was directed against AleXan-
der New and Henry C. Ferris, receiv-
ers for the Missouri, Oklahoma &
Gulf railway, embodied two distinct
requests to the court, as follows:
Asks Immediate Decision.
First, the government asks an i'm
mediate decision on the injunction
petition filed by the receivers of the
Missouri, Oklahoma & Gulf railway
company, in which the Adamson law
was attacked as unconstitutional, and
an order fOrbidding its enforcement.
The government contends that an in
junction petition cannot be granted
because the law is constitutional,
therefore leaving the railroad no basis
in equity for its action.
Second, should the law be held I'M
constitutional, the government seeks
to have the court direct the receivers
for the railroad to join the govern
ment in getting the case advanced
Immediately to the supreme court Of
the United States, for final decision,
Judge William J. Hook took the mo-
ton under Amusement and will
render a dcision tomorrow.
Road Under Federal Control.
Action in the case was taken in the
injunction petition of the Missouri,
Oklahoma & Gulf rather than in the
cases of other roads. because the Mis-
souri, Oklahoma & Gulf is in receiver
ship and under direction of the fed
eral court this enabling the govern
ment to ask the cooperation of the
receivers in obtaining a final decision
of the case before January 1. This
assistance and cooperation can be
ordered by the court, and as indicat-
ed by Judge Hook. will be so ordered
If he decides to grant the motion. Had
the government proceeded against
railroads not in charge of receivers,
it was pointed out by members of the
governments counsel, the railroads
might have chosen to combat the law
through the various legal maneuvers
which would delay the final decision
indefinitely.
Like other petitions filed, the Mis-
souri,, Oklahoma & Gulf commended
that the law is unconstitutional be-
cause it deprived the railroad Of their
property without due process of law
and compelled them to pay large
sums of money to employees without
receiving anything in return.
The decision tomorrow will he
watched with interest. Lut it will have
no binding effect outside the Western
Missouri judicial district, and which
ever way it goes, it will be nullified
by the appeal action to be filed i'm
mediately with the supreme court.
"There is no use to be excited by
this act" said Frank Hagerman to-
day. cit is simply an action to ad
vance the case quickly to the supreme
court. which will be the final arbiter
in the case"