New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-09-20
THE "EIGHT.HOUR" LAW
II Is Held to Impair the Right Of Couhad
and Therefore To Be Void.

To the Editor Of The Tribune
Sir: A contract is "sn agreement upon 81.
cent consideration TO 10 or not 20 do pa
tcular thing" says Blackstone; and ,ha
agreement must be by and between two Or
more parties able and willing 70 eoniraa
there must also be an actual agreement
meeting of minds aggregate mentiuml,
legal subject matter and due form Of Law.
But the most essential element Of cor
tract is its obligation. which is inherent y
every valid contract. And this does not ntai
merely moral obligation, but an aetionsof
or legally enforceable obligation. Further
more no transaction is a contract vithoa,
n.utualty Of obligation. Il is Of the vty
essence of a contract that Us obligations 'nai
be mutual In other words, the obligation'
must be enforceable by law against no. onl
one of the parties but against both or al O.
the parties. Otherwise the transaction is re'
a contract in its legal concept. Contract s'
voluntary act Of the parties. The ooliss'Nl
of a contract is "the law which binds the psi
ties TO perform their agreement says Ch''
Justice Marshall. The law Of contracts is or
Of the broadest fields OF the laa in gen'n-
as every student, judge or practitioner OF W
law knows. 1t has been considered IN time
past one of the most important branches O.
the law.
But it seems, az least AZ FIST blush ha'
the law schools, the judiciary and legal h''
ternity must now attach but little importshe'
70 this branch OF the law. II the views o
President Wilson end Congress are 70 o.
tain. and are not repugnant to the Con'u'''
ton Of the United States.
In other words. if the act recently Pa'se'
for the benefit Of the four brotherhood' NO.
in violation of the Federal Constitution We.
becomes of all the law Of contracts
they can make contracts for persons .'~
petent and willing TO contract FOR themseh'''
what becomes OF the mutually OF 0O's
ton in every valid contract? And whe''
the law that binds the parties TO pe''O'I
not their agreement" but an agfee"
made in advance by the executive ana 20
lative powers of the government
bear in mind, the railroads did not a.,
gress to act, but for arbitration, "nieh
refused. -.
And what becomes OF that provision J"
Constitution OF the United states IN" a..
state shall pass any law impairing vac III,
CATION Of a contract Il has been se'.' -,
questioned as to whether even cong a
pass law which violates the oonsH /,
a contract: and, as already noted, NJ wv. a,
in the Constitution an express ihh'0'''
the states. = co,.
Concedng. however. thiS authority ~ IA,
gress TO violate "A contractusl oohsa .s,
il also constitutional authority ~ h;sl.
agreements for parties that are iess"'
ING upon them without their assent =. ~,
II Congress under this power may Of
scale OF wages. as well as the hun' siov,..
hours Of daily labor for the railway end .,rf.S "a.
why not for all the other classes OF ~, AZ
borers. whether by the day, week. NOM"
year? I.. Legs
And IL so, is not this act plainly e." .i AID
Luton. and. therefore, unconstitu,o"" al.
void, And will not such iegis'"' c"n.,i,u.
mately lead to an overthrow OF the 0V"'
ton and anarchy? u,,,.,, ard
Il would seem that President ""sO" I'D;
Congress are getting upon perilous ',S ths
that their action is out OF harmony wiz" a,
spirit and intent, If not the e''''' .-.rs
Federal Constitution-the organic ''f
ana ''"'"'"'"'"' INV" JAMES C. JENKINS
Now York, Sept. Is. 1915.