Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-01-10

| Washington, Jan. 10. The great
legal battle over the constitutionality
of the Adamson law continued in the
supreme court with attorneys for both
sides frequently being Intercepted
from the bench by the justices.
| The attack Of the railroads upon the
law was practically closed and today
the government lawyers are making
their final arguments in it's defense.
In presenting the railroads case
! Walker d. Hines. the chief counsel,
laid stress on the argument that the
law was not a constitutional regula-
| ton by congress of interstate COM
merce, but merely a fixing stat
ute. He denied that congress had the
right to fix wages and said that there
was no analogy between the rate and
wage fixing.
Justices Often Interrupt.
Chief Justice White and other JUS
tees frequently interrupted him. JUS
tice Whites questions were apparent
ly designed to draw out argument re-
gardng the authority of congress to
prescribe wages as well as rates.
Can congress authorize the inter-
state commerce commission to fix rail-
road wages" asked Justice Day.
Mr.. Hines replied that it was doubt
full unless wages We're abnormally low
and should interfere with transporta-
ton. After asking If the brother
hoods wages contracts were fixed prior
to 1913 Justice Brandeis added:
"ShDuldD't this court take iudicia1
notice of the fact that there has been
a great increase in the cost Of living
since these wages were fixed?"
Disputes Power Of Congress.
Mr.. Hines answered that the fact
would not justify the court in hold
ing that evil existed which would JUS
tify congress in exercising a power
even if it had that power"
IF there is no power there can be
no justification for its attempted ex-
ercise." the chief justice observed.
Congress has no power to prescribe
wages because they have no substan-
tiai relation to safety and efficiency in
this case" replied Mr.. Hines. THE
direct object was for the benefit of
particular cases. Any effect on public
interest is incidental"
uIation of wages and of private rela-
remote from service?" asked Justice
Pitney.
at is most remote regulation Of
commerce." Mr.. Hines answered. He
added that the law would undoubtedly
cause increased rates.
6randeis Points to History.
~. ha 1au
limit service to an eight hour day, but
merely fixed a wage standard provid-
ing for overtime, Justice Brandeis ask
ed:
Isn't it a historical fact that in the
introduction of the legislative policy of
reducing the hours of labor many
states began in fixing what number of
hours should be a standard day and
later in the progress Of legislation
there came an actual prohibition of
more?"
Mr. Hines replied that the courts
had not so construed the laws.
And isn't it a fact when the legis-
lation was introduced there never was
suggestion that the purpose of the
legislation was to fix wages and not to
reduce hours" continued Justice
Brandeis.
They did not increase wages much"
replied Mr.. Hines.
Chief Justice White referred to the
Oregon ten hour day law, now before
the court awaiting decision.
The Oregon law, Mr.. Hines respond
ed, prescribes an overtime penalty not
in the Adamson act.
Final Arguments Made.
Final arguments over the constitu-
tionality of the Adamson law were
heard today. with Special Assistant At
torney General Hagerman closing the
case for the government.
Maintaining the power of congress to
pass the law, Mr.. Hagerman said it
could be operated like the interstate
commerce commission temporarily reg
ulates rates.
us there any law Of that kind?"
asked Justice Mckenna.
Its done by the interstate commerce
commission in daily practice" said Mr..
Hagerman.
There is no claim that this law Is
the attorney continued.
Congress acted in it's discretion, dis
erection with which the judiciary has no
power to interfere"