The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-03-19


vestigate and report to the president
and congress the Operations and eff
fects Of the institution of the S-hour
standard workday. :. and the facts
and conditions affecting the relations
between such common carriers and
employees dultng-six to nin4e
months" A report within 80 days after
that period, discretionary with the
commission was, ordered, the tempo
rary increased wages remaining in
effect still another 80 days.
Section 3, especially assailed by the
railroads as void, providing the tenn
porary increase, states:
Pending the report of the commits
sion and for thirty days thereafter
the compensation of railway employees
subject to this act for a standard 81
hour workday shall not be reduced be-
low the present standard days wagG,
and for all necessary time in excess of
eight hours such employees shall b.
paid at a rate not less than the pro
rata for such standard eight-hour
workday."
Section 4, prescribing penalties, de-
clares: ANY person violating any
provision of this act shall be guilty
of a misdemeanor and upon. convic-
ton shall be fined not less THAI 500
and not more than $1,000, or impri-
soned not to exceed one year. or both"
The AdamsOn act was one of six in
the legislative program presented by
President Wilson to congress in his
had been called and after conferences
failed to bring a settlement. and when
railroads were directing freight en-
bargoes in anticipation of strike.
Other legislation recommended in
cluded reorganization and enlarge
ment Of the interstate commerce COM
mission; approval by congress of in
creased rates to meet the increased
wages proposed: public investigation
OF labor controversies before strikes or
lockouts, and vesting the president
with authority to operate railroads in
case of military necessity. All these
have been considered by congress ex-
cept the proposed rate increase, which
the president withdrew in his opening
message to congress last December.
The house voted 239 to Sc on Sept. 1
to pass the Adamson bill. Seventy Re-
publicans voted with Democrats in it's
favor. Two Democrats, Representative
Black of Texas and Steele, Of Iowa,
voted against it. On Sept. 2, the bill
passed the senate, 43 to 2s, Senator
LaFollette, Wisconsin Republican,
joining the Democrats, and Senators
Clarke OF Arkansas, since deceased,
and Hardwick of Georgia voting with
rs Republicans against it. The broth
erhoods' strike order was recalled that
day and the president signed the
measure the next day. Sunday, Sept. 8,
and again on Sept. 5.
Early last November injunction
suits were filed by various railroads in
virtually all federal district courts to
enjoin the laws enforcement. The
present test case. brought by Alexan-
der New and Henry c. Ferris, re-
ceivers for the Missouri, Oklahoma &
Gulf railroad. was agreed Upon TO de-
termine nation wide constitutfonality
such determination, the case was SUBJ
mitted to Federal Judge Will nlm @.
Hook at Kansas. City. Mo.
On Nov. %, two days after the suit
was fled. Judge Hook held the law
unconstitutional, null apd void and
gave q decree permanently enjoining
United States Attorney Wilson from
enforcing it. Judge Hook dismissed
the bill as to brotherhood officers
named defendants and ordered the
railroad to cooperate in eXpediting
the appeal of the department of JUS
tice to the supreme court. He also
ordered the railroad to keep account
of wage increases due under the law,
to insure prompt payment following
a decision upholding it validity.
The federal appeal was filed in the
supreme court Nov. q and the court
assented to expedition of the hearing,
three days OF arguments following
Jan. 8 to 10. Pending the decision. the
department OF justice and railroad at
torneys formally stipulated that the
500 odd Injunction suits should not be
pressed, that the federal authorities
would not attempt to enforce penalties
for nom observance and that the rail-
roads would keep account of wage In
creases due from Jan. /.
The railroad brotherhoods were not
parties to the stipulation nor to the
suit, and had no attorneys participant
ing in the supreme court arguments,
. In appeal to the supreme court, the
department Of Justice contended. brief
Iy, that the Adamson act is constitu-
tional and enforceable. both as an
hours OF service" and wage fixing
statute. under congress- broad and
supreme constitutional authority to
regulate interstate commerce. Power
of congress to fix wages and also to
prevent strikes, in insuring unob-
structed transportation and movement
Iof commerce, was especially main
tanned.
The railroads contended, generally,
that the act is void because grossly in
excess of congress- commerce regula-
ton authority. They asserted also that
1T Is indefinite, uncertain. unavoidable,
incapable Of application without judi
cial Interpretation, fixes no stanadrd
forcomputing the amount of wages, iE
a mere temporary expedient and ex-
pertinent, interferes with constitu-
tional liberty Of contract and takes
railroad property without due pro-