The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1917-03-19


merce. not the result of legislative
judgment but an experiment" the sue
cess of which would be determined by
future investigation, and as depriying
the railroad of its liberty to make con
tracts and its property without due
process Of law They held it to be a
wage measure, which congress had
no right to enact" under the constitu-
tion.
The government contended the law
was not a wage law but an hours-of-
service act; and that, even If 1t was
wage measure congress had the right
to pass It under the commerce clause
of the constitution.
The case had its inception when
congress passed a law late last Au'
gust at the time the railroad brother
hoods threatened to tie up the nations
railroads, declaring eight hours to be
standard days work and providing
that pro rata overtime should be paid
for work done after the first eight
hours. This section formed the real
basis of attack for the railroads.
Brotherhoods' Demands.
On March 20, 1916, the four railroad
brotherhoods-the Brotherhood OF Lo'
comotive Engineers, the Order of Rail
way Conductors, the Brotherhood OF
Locomotive Firemen and the Brother
hood of Railroad Trainmen-demanded
of the railroads of the country al
eighthour day with time and a hall
overtime, overtime to be computed or
the minute basis and regular time tC
begin when railroad man was re
quired to report for duty. This was
to replace the old mileage basis, by
which the men were paid for a trip
100 miles constituting a days run
usually Of ten hours.
The railroads refused this and othe'
concessions, and in return asked arbi
tration by the federal board Of media
ton or the Interstate Commerce Com
mission. This the Brotherhoods re
fused fatty. The Brotherhoods hell
out for the eight-hour day and the tim
and a half overtime; the railroads cor
tended granting these would hav
meant material increases in pay, an
should be arbitrated
Little attention was paid to the di'
pute until late in the spring, It becam
apparen. neither side would yield will
out a struggle. Both claimed the othe
was buffing When neither side woul
Concede anything and the negotiation
at New York seemed about to end
a strike, President Wilson asked Leaf
ers for the brotherhoods and railroad
TO go to Washington for a conferenc
They did-first a big delegation of ii
brotherhoods and the conference cor
mittee Of managers representing Il
roads. Then, when the president W;
unable to make a settlement, he callC
in 100 railroad executives, represer
ing every railroad and billions of de
lars OF capital. The brotherhoods We
represented only by their president
,Again his efforts failed, One mig
the executives announced they won
not yield. Later they showed print
copies OF a strike order-effective
Ia. IN. Labor Day. September T. Brot
erhood leaders admitted the strike h
been called for that day by 9S ?
cent vote Of the railroad men.
President lntervened.
Faced by the possibility Of para
sis of commerce, President Wilson p
pared message to congress. aski
immediate passage of an eight.hC
law.
Adamson introduced hls bill in |
house on August 81. The house pass
+ II next day. The senate passed
September 3. The president approx
II September 3.
The strike was called of. The
provided a commission to inyestig
the working Of the law-which was
fective January 1. l9l7-within
or nine mcnths, and report 80 di
after that 10 the president and c
gress. The country settled back. II
came rumors the railroads would Il
the law, end on November 20 Alex
| der New and Henry c. Ferris, rec,
ers for the Missouri, Oklahoma
Gulf railroad, filed complaint in
A ieral court at Kansas City, attack
chastitutlonality Of the law.
Judge William c. Hook. OF Kan
City considered the case Novem
% and decreed the act "unconst
tional, null and void" and the "j,
ment Of the court is, the law car
be sustained" That brought Il be-