The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1917-03-21

as analogous to the power to fix rate
of freight and fare or as branch OF
that power. The interests OF the
public in the regulation OF the rates
lies in limiting the carrier to reas-
enable compensation. and Is In the
direction OF lowering, not increasing
expenses. while the present act has
for its purpose and necessary effect
the increasing of expenses.
THAT the act cannot be sustained
as an emergency measure. for an
emergency cannot create power
nor excuse a defiance of the consti-
tutional limitations upon the powers
of the government.
IF the public exigency required II,
congress perhaps might appropriate
public moneys to satisfy the de-
mands of the trainmen; but there is
no argument for requiring the car
riers to pay the cost that would no.
apply equally 10 renewed demands
as often as made, II made by men
who had the power to tie up traffic.
"Usaaes Owners Rights"
And that the act usurps the right
of the owners OF the railroads to man
age their own property in matters
not affecting the character OF the
service and is an attempt to control
and manage them rather than 10
regulate comm cree. In particular II
deprives the railroad companies OF
their oolstiit tuttiioIiai right TO agree
with their employees as TO the terms
of employment"
Holding the Adamson act an "arbi-
trary and unreasonable taking OF
property from the railroads without
due process of law, experimental and
admittedly enacted without due delib-
Grafton, Justice Day dissented; al
though. he said, he was not prepared
to say congress Is without power TO
regulate railway wages. He express
II said, however, he did not believe
congress has power to enforce COM
pulsory arbitration, and asserted the
emergency last September did not
warrant any excessive exercise OF
constitutional powers OF congress.
II agree that to secure the
proper service and to insure reason
able rates to the public con-
gress has the power to fix the amount
of compensation he said, adding that
this power must be exercised, subject
to usual constitutional limitations of
due process" OF law.
Citing these limitations, Justice
Day continued:
"Thfs act cannot Withstand the at
tack that : it is an arbitrary and
unlawful exertion OF supposed legis-
lative power. It is not an act limit
ing the hours Of service. Nor is it
legitimate enactment fixing the
wages of employees"
Day Dlsasrees, Too.
Regarding the effect OF the major
ity decision, Justice Day said:
Il am not prepared to admit that
congress may, when deemed neces-l
sary, coerce employees against their
will to continue in service In inter-
state commerce. Nor do think 1t
necessary to decide, as stated in the
majority opinion, that congress
can enact compulsory arbitration
Jaw"
Justice McReynolds' dissenting
opinion said:
"The act certainly commands that
during minimum period OF seven
months interstate carriers by rail-
road shall pay their employees engag-
ed in operating trains for eight
hours work wage not less than the
one then established for standard
day-generally OF ten hours.
Il have not heretofore supposed
such action was a regulation OF COM
merce within the fair intendment OF
those words as used In the constitu-
tion; and the argument advanced in
support OF the contrary view Is I'M
satisfactory to my mind.
But, considering the doctrine now
affirmed by majority OF the court
as established, 1t follows congress has
power to fix maximum as well as
minimum wage for trainmen; to re-
quire compulsory arbitration of labor
disputes, which may seriously and d.
rectly jeopardize the movement OF
interstate traffic; and to take meas
ures effectively TO protect the free
flow of such commerce against any
combination, whether Of operatives,
owners or strangers"