Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-11-25
GOVERNMENT AND
ROADS Agree TO
TRY CULTS Case
U. s. Attorneys and Rail Rep,
resentatives Decide to Make
Missouri Suit the Test of
Laws Legality,
GREGORY APPROVES PLAY
Other Actions Brought ISs q Al
riers Postpone .cS
After Der
ANNOUNCEMENT IN COURT

Washington, NOV. I4.-Attorney
General Gregory telegraphed the gov
ernment attorneys in Kansas City to-
night that he approved the plans for
expediting to the supreme court a
test case to determine the consttu-
tionality OF the Adamson act agreed
upon there by the government counsel
and railroad lawyers.
The case to be used as test is that
brought by the Missouri, Oklahoma
& Gulf railroad, IN which Judge Hook
of the federal court at Kansas City
decided against the government. The
transcript of the record in that case
is expected at the Department Of JUS
tice tomorrow and will be promptly
filed with the supreme court,
All Other Suits Of.
Kansas City, Mo-, Nov. 24.-An-
nouncement was made lin Judge Pol.
locks court this afternoon that all
Adamson law litigation would be post.
poned until after December by the
supreme court, except in the case oi
the Missouri, Oklahoma & Gulf, which
was DECIDED upon as test case.
History of Santa Fe Sent.
Kansas City, Kan, Nov. 23.-
Defendants in the injunction suit
brought by the Atchison, Topeka
& Santa Fe Railway company to test
the validity of the Adamson so-called
"eight-hour law" on.etoday's docket
of the United States court for the
district of Kansas are: Fred Robert
son, the United States district attor.
ne; w. w. Hutton, general chairman
of the Order of Railway Conductors,
representing conductors of the Santa
Fe system; w. T. Ready, general
chairman of the Santa Fe road men,
bers of the Brotherhood of Locomo-
tive Engineers; w. c. Keiser, general
chairman of the Santa Fe system di-
vision of the brotherhood Firemen
and Enginemen; F. A. Hobble, vice
chairman of the Brotherhood of Rail
way Trainmen; l.. c. Brown, secre-
tary Of the trainmen, and w. A. Wat
kins, secretary of the eastern division
OF the trainmen.
The bill of complaint was filed
by Gardiner Lathrop, Robert Dunlap
William r. Smith, solicitors for the
Santa Fe, and Walker d. Hines, oi
counsel. 1t asks that:
"The defendants, and each of them
and each and all of their attorneys
servants, agents, associates and en-
ployes, and all employees in complain.
ants service, who may be represented
by them, may be enjoined and re.
strained, preliminary until final hear
ing and perpetually thereafter, from
in any manner instituting, or authoriz:
ing or directing to be instituted, any
prosecution or proceeding or any
suit or action under or arising OF
growing out of the aforesaid act OF
congress "Adamson law" or for the
purpose of enforcing any alleged right
Hereunder; and complainant prays
that the aforesaid act of congress, and
particularly Sections !, 3, and 4
thereof be adjudged to be unconstitu-
tional and void, as hereinafter claimed
and to be held for naught, and that
complainant, its officers and agents, be
not required to observe or comply
with the same or the provision.
thereof" ...
Affects Seven Thousand Men.
The Santa Fe system employs
1,7l0 engineers, 1906 firem.n, 800
conductors and 2,4s8 b1akemen OF
Aagmen, total of 7,240 employees af.
fected by the Adamson law. Substan'
tally all of these are members of the
defendant organizations.
The bill of complaint includes
tables giving the present compensa'
ton rates of its trainmen. 1t quotes
President Wilson's address to con.
gress urging the passage Of law
to prevent strike, and it quotes the
Adamson law in full. The full title
of the law is "An act to establish ar
eight-hour day for employees of car
riers engaged in interstate and foreign
commerce, and for other PURPOSES"
The complaint insists that as the
whole system of compensation il
train service is based on mileage be.
tween terminals the mandate of the
law for a standard eight-hour day
is impossible of fulfillment. 1t also
asserts that the company would be
deDriyed of its Droperty without due