Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1917-01-09
Solicitor General Davis Argu-
ment Is Met by Pertinent
Suggestions From Bench of
Highest Tribunal.
POWER OF CONGRESS
IS MATTER AT ISSUE
Supreme Court Grants Eight
Hours for Presentation
Speeches. Ordinarily Only
Three Hours Are Allowed.
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Washington, Jan. S.-The test case
to determine the eonstitutionality OF
the Adamson law, enacted last Sep
tember when general railroad strike
threatened, came up in the supreme
court today. Argument will continue
until Wednesday and q decision is ex-
pected within few weeks The ques-
tion whether congress has power to
regulate hours of service and wages,
furnished the keynote of the argu-
ments today in which the justices
manifested keen interest, interrupting
with many questions. In opening de-
fense of the law for the department
of justice, solicitor General Davis de-
clared 1t regulates both hours of serv-
ice and wages, and contended that
congress has authority to regulate
both. He asked annulment OF the de-
cision of Circuit Judge Hook at KAN
sas City in the test case of the Mis-
souri,, Oklahoma & Gulf railroad.
holding the law void.
Grants Unusual Time.
Although three hours is the usual
time allotted for argument of case,
the court granted an extension today
to eight hours equally divided be-
tween the federal and railroad coun-
sell Tomorrow Walker d. Hines,
chairman of the railroads general
committee Of counsel, and John G..
johnson Of Philadelphia, will speak
for the carriers.
Solicitor General Davis told the
court that II reached the heights of
imagination" to say that the primary
object of congress in passing the law
was not to limit the hours of toll He
asserted that Elisha Lee, the railroads
spokesman throughout the strike con-
troversy, often had admitted that the
law is workable, now denied by the
railroads.
When Mr.. Davis cited congress- dis
turbance of railroad contracts in pass
ing the federal employers liability
act, upheld as valid, Justice Day ask
ed.
Justice Asks Question.
"Do you claim the same power in
fixing wages as In fixing rates?"
1--WE do" Mr.. Davis replied.
II can't follow that argument" in
terjected Chief Justice White. The
subject is regulating hours of service.
The government has regulated COM
merce for ages, so to speak. 1t was
held in the case of the employers LA
bility act that that regulation was
valid. That was no decision that the
government has the power to regulate
wages"
That is what we contend for" re-
Joined Mr.. Davis.
That's the logic can't follow" re-
sponded the chief justice.
The solicitor general argued then
that il congress can regulate the re-
lation of master and servant, of rail-
roads and employees, 1t also can regu-
late wages.
That is the most vital of ALL" he
continued. IF employees are under
paid and discontented, safety of COM
merce in charge of employees Is af-
fected. Also. wages have a direct re-
lation to rates, investment and ex-
pense of service"
Admits There Is Limit.
Your proposition goes fahter than
iiott Nit Siiicl JuotitC lIlltIpOSeu, ClL-
ing as an example freight shipped by
a grocer. do you intend to say that
wages of all persons making these
goods are subject to regulation"
No, we don't go that far" said Mr.
Davis, and pointed out that congress
has the power to reduce railroad rates
to prevent extortion.
Has congress the power to pre-
scribe what railroads shall pay for
various things - locomotives, land,
etc. 2" asked Justice McReynolds.
II am not so sure that congress
hasn't that power" Mr.. Davis replied.
"All authority is dependent upon its
reasonable and not arbitrary use.'
Justice Day suggested that congress-
power is limited by constitutional pro-
hibition against confiscation.
Powers of Congress Great.
Congress power to regulate issue
Of railroad stocks and bonds" Mr..
Davis continued, "and to say what
price railroads shall pay for credit is
being advanced in and outside of con-
gross" He added that under the de-
cison in the Debs case congress has
the authority to prevent railroad
strikes and obstruction of interstate
He denied that penalties
provided by the Adamson law are
excessive and upheld as reasonable the
exemption OF short line and
electric railroads.
''The contention that the law is un-
Mr.. Davis said, was q
afterthought. induced by the
necessities of this case" To the
charge that the law is experimental
he said public clamor would have fol.