The sun., 1916-11-18
Horse Shedding the Court.

Horse Shedding b Court.
Every New Englander whose mem.
DRY goes back of the civil war has
heard of the litigant with a suit be-
fore n justice Of the peace who ac-
costs the Judge in the horse shed,
before he opens court, In order to
make sure that he understands the
law and facts Of the case.
This was called horse shedding the
court.
1t seems that the president Of the
United States proposes to adopt a
similar method Of procedure with ref.
erence to the commission appointed to
observe the operations Of the ADAM
eight hour law.
That statute, after declaring that
from and after January 1. 1917, eight
hours shall be deemed a days work
in contracts for labor md services
with employees 10Y or hereafter en-
ployed on Interstate railroads, pro-
vides ~ follows:
'The President shall appoint a COM
mission of three which shall observe the
operation and effects Of the institution
Of the eight hour standard work day
- above defined. and the facts and
conditions affecting the relations between
such common carriers and employees
during a period of not less than six
months nor more Than min months. In
yhe discretion Of the commission and
within thirty days thereafter such COM
mission shall report its findings to the
President and Congress-"
The commissioners appointed un.
der this provision Of the law arc
Major-G General GEORGE w. COCKTAILS
GEORGE RrmLEE and EDWARD Il. CLARK,
The President Is authorized to fix
their compensation, to be paid out OF
an appropriation Of $2J,OOO made to
cover the necessary expenses which
MAY be incurred in connection with
tts.4. work.
The commission will begin its labOrs
In Washington e week. Our cor
respondent in that city says:
Before that time It will receive il
instructions on the law from President
WILSON. This fact Is one that carries
-uob hona IN thu .niy L,o,r' Tboy cop.
fdently expect the President will inter.
pref the spirit OF the law to the commits.
sion as he explained It to the railroad
brotherhood. They believe, too. that be
cause OF the furious attacks made on II
In the recent campaign he will insist
on his Interpretation Of it being fully
upheld"
1t is to he hoped that the Presiden,
will abandon this plan. There Is moth
ing In the language Of the AdamsOr
law to Indicate that Congress intended
to vest the commission With any
power except the power to observe
Its members are not called upon I,
pass Judgment upon the constitution
ality of the act. Indeed. they arc
bound to assume that 1t Is cOnstitu
tlOnal unless and until the courts shall
declare otherwise. But II they were
authorized to go into That question
and make n announcement upon tn,
validity of the statute 1t would b,
amazingly improper for the Presiden
to send for them beforehand and tel
them privately how to decide. In TIN
controversy as to the cOnstitutiOnalit!
of the Adamson law the Government
has assumed the position of a litignn
demanding that the act be upheld
and under such circumstances It woul,
be contrary to every principle Of lega
ethics for the head Of the Govern
ment to argue its case In private an
in advance of a public hearing befOr
any tribunal empowered to prOmul
gate a judgment upon the validity o
the statute.
President WILSON was educated a
o lawyer and Is said once to hay
practised law in association with tn
Hon. HoKE SMITH OF Georgia. II h
duly reflects he will refrain from
advising the commissioners 10 max
any declaration concerning the cor
,stitnti0nality If the law.
There should he no Presidents
horse shedding of the court.
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