El Paso herald. (El Paso, Tex.) 1901-1931, 1917-03-19
ADiNSON LAW
IS HELD VALID
Supreme Court Decides, Five
to Four, in Favor of
Constitutionality.
fContiuued from Page /
Continued from Page II

eraI district court. TO enjoin the laws
enforcement
\ decision UNFOLDING the eisht-hour
standard. it was admitted. would not
bar trainmen from working more than
eight hours q day. but merely entitle
them to pro rata overtime pay Also
such 4 ruling entailed making of en-
tireiy new wage agreements for all
trainmen affected. by private negotia-
, ton. as to the amount" of wages
which shall constitute an eight hour
day standard
Provisions of Act.
Entitled An act TO establish an
eight-hour day for employees of car
Tiers engaged in interstate and foreign
commerce, and for other purpose" the
law was made effective January l and
comprised four sections Briefly, the
first section. providing the permanent
eight hour wage standard. declares
that beginning January / eight hours
shall in contracts for labor and serv-
ice, be deemed a days work for the
purpose OF reckoning compensation of
all employees now or hereafter en-
pioyed by any common carrier actually
engaged IN any capacity in the opera
ton of trains"
Railroads not more than 100 miles
long and independently owned. and
electric street and interurban railroads
We're excepted.
Section provides for the presiden-
tlal commission of three. now headed
by Maj Gen. GOethaIs. to investigate
and report 10 the president and con-
gress the Operations and effects of
the institution Of the eight-hour stand
ard workday."
Penalties for Violations
Section 3, especially assailed by the
railroads as void, providing the tenn
porary increase. states
Pending the report of the commits
sion and Tor 80 days thereafter the
compensation of railway employees sub
1ect 10 this act for standard eight
hour Eorkday shall not be reduced be-
law the present standard days wage.
ana for all necessary time in excess of
eight hours such employees shall be paid
at a rate not less than pro rata for such
standard eight-hOur workday-"
Section {, prescri bling penalties de-
clares- ANY person violating any pro-
vision of this act shall be guilty of a
Inisdemeanor and upon conviction shall
be fined not less than 500 and not
more than $1,000. or imprisoned not 10
exceed one year. or both"
would Not Destroy Privnte Rights
Inc cnteI justice today cited the
hours of service act as an instance
of hours of labor" legislation by
congress and said transportation was
Of both private and public interest
The dividing line is so marked that
government viii not destroy the pri-
vate right" said the chief justice. The
power 10 regulate rests upon both the
private and public interests involved"
He then said the right of private
parties 10 fix private wages was an
would be unconstitutional. but added
that considering what congress in
tended TO DO and the failure of the
railroads and employees TO reach an
agreement TO say that the government
authority did not have the power to
fill the void would be to declare that
the private right had destroyed the
public right"
UphOIdS Power of Congress.
He said power Of congress was not
an emergency power and recited the
congressional power 10 fix rates, pro-
hibit rebates and a myriad of regu-
latiOns to protect the public interest
He said power had been extended TO
employees, citing the hours of service
act" and others and held there was I
Of congress to act because /
Of the failure of the railroads and en- /
plOyes 10 reach an agreement
The railroads could not object to
fixing a standard of wages. he said,
because in the deadlock none was
fixed