Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-11-04
E|CHT-HOUR LAW HELD
TO Be CONSTITUTIONAL
Writer In Virginia Law Review
Analyses Meaning or Adam.
son Law.
STRONGLY SUPPORTS WILSON
Publication OF University Law School
Prcsents Able Argument in Regard
to Most Frequently Criticized Act
Of Administrations.
Especial to The Times-Dispa,ch

Especial TO The Times Dispatch
CHARLOTTESVILLE. VA. November
AS further evidence Of the supper,
which the students. % the University
Of Virginia arc giving the policies and
presidential candidacy OF Woodrow
Wilson, himself Il Virginia alumnus
tho Virginia Law Review. edited and
published by the Ia wstudcnts Of the
published by the law students Of the
article FOR the November issue Il de-
Tense OF the constitutionality OF the
ciEht-hour railway wage law which
was passed recently ~ Congress
Harry L. Smith, a prominent member
Of the Nlahama ba:. is the author.
Mr.. Saith has presented "a keen and
conclusive legal analysis Of tho qucs-
ton and this. coupled with the pcrti-
nency and 'imclncss OF IT, will gain
FOR the article wide reading The
constitutiouaiity Of the bill has been
ra!:cd as Il political issue. and this
article Is among the first serious and
STUDIED presentations in defense Of it's
validity as a law.
Mr.. smith in the course OF the article
intimatcS that while the present law
fixes the minimum compensation for
interstate railway employees. and WAS
necessary IN order to preserve service
for the public pending AN nveytica-
ton. II may he necessary for Congress
TO 70 sim further and tiX Il .Aaximuin
scale in order that common carriers
may be enabled to serve the public
upon Il reasonable basis
NOT 4 WELDING
TO DEMANDS OF LABOR
The article is particularly emphatic
III stating that in passing this law
Congress WAS in no wise yielding to
the demands of labor hut that The
question was whether Congress should
81, L.,
10 suspend the performance Of their
public functions, for which they had
received so large II consideration from
the hands az the public In order TO
protect their private interests. al
though this interest could be amply
protected "a 4 much smaller loss bv Il
read1usimcut OF the freight rates
MI Smith in his article * In thorough
symnathy with the move made by the
president ~ the crisis of the impend-
inS strike. He dcvotea considerable
space in making clear the criticaincss
oi The situation ana reaches The con-
'inSion that Congress could only avoid
an tneStimab!c damage to the public
by IN" passage Of u law fixing a tenn
pOrary rate al which the interstate
railway employees were willing TO work
since IT was entirely beyond the con-
st!iutlcna! power of Congress 10 COM
pc! the men {" work Mr.. Smith con-
tends that In SO acting there was no
danger OF doing any interest any harm,
since II Is clearly within the power Of
Congress 10 reimburse The railroads for
an: injury which the preliminary reg
ulations might do by inCrcn-inE, IL
necessary. tho freight rate
I'll" legal phase OF tho question is
dealt with carefully and thoroughly
Tic right "t Congress 10 legislatc ON
such matters il traced through carly
supreme Court decisions aifectin.. leg
islaion on other public interests
PREVIOUS DISCUSSIONS As TO
RIGHT TO FIN COMPENSATION
Previous decisions made by the
United states Supreme Court on oucs-
tions involving the right Of Congress
TO fix the compensation OF pilots and
coal miners. tho right az the States to
REQUIRE the railroads to fix the salary
Of railroad commiss Ioncrs and the con :
StitutiOnal right Of Congress to fix