Grand Forks herald., 1917-03-19

bargoes in anticipation OF a 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-
licept the proposed rate increase, which
the president withdrew in his opening
message to congress last December.
The house voted 239 to Sc on Sep
ocrats in its favor. Two democrats.
steele of Iowa voted against 1t. On
September 2. the bill passed the SEN
ate. 4S to 2S, Senator La Toilette,
Wisconsin republican. Joining the
democrats. and Senators Clarke Of
wick Of Georgia voting with 26 re-
publicans against it. The brother
hoods strike order was recalled that
day and the president signed the
measure the next day. Sunday. Sep
tember 3, and again on September 8.
Early last November injunction
suits were filed by various railroads
to enjoin the laws enforcement. The
present test case, brought by Alexan5
der New and Henry G. Ferris, receiv-
ers for the Missouri. Oklahoma &
Gulf railroad, was agreed upon; to
determine nationwide constitutional.
ity and operation of the law. To .ex-
| pedite such determination, the case
was submitted without argument to
Federal Judge William C. Hook at
! Kansas City, Mo.
Judge Hooks Decision.
IN l41,~ &kAv.
the suit was filed, Judge Hook held
the law unconstitutional, null and
void" and gave a decree permanently
enjoining United States Attorney Will
son from enforcing it. Judge Hook
| dismissed the bill as to brotherhood
officers named defendants and order
ed to cooperate in ,expediting the
appeal Of the department of justice to
the supreme court. He also ordered
the railroad to keep account of wage
increases due under the law, to insure
rromp: payment following decision
upholdjng its validity.
The federal appeal was filed in the
supreme court November 27 and the
court assented to expedition of the
lowing January 8 to 10. Pending the
decision, the department Of justice
and railroad attorneys formally stip-
ulated that the 500 odd Injunction
suits should not be pressed, that the
federal authorities would not attempt
to enforce penalties for non-observ-
ance and that the railroads would
| keep account of wage increases due
from January 1.
The railroad brotherhoods were not
parties to the stipulation nor to the
suit. and had no attorneys participat-
ing in the supreme court arguments.
In appeal to the supreme court, the
| department of justice contended.
briefly, that the Adamson act is con-
stitutional and enforceable, both as
| an "hours of service" and wage fixing
| supreme constitutional authority to
regulate interstate commerce. Power
Of congress to fix wages and also to
| prevent strikes, in insuring unob-
structed transportation and move
ment of commerce, was especially
| maintained,
Roads Hold it Void.
The railroads contended, generally,
that the act is void because grossly
in excess Of congress- commerce regu-
lation authority. They asserted also
workable, incapable of application
without judicial Interpretation, fixes
no standard for computing the
amount Of wages, is a mere tenn
porary expedient and experiment, in
terferes with constitutional liberty of
contract and takes railroad property
without "due process Of law" Also
they insisted it is class legislation
benefiting only Is per cent-and those
the highest paid-of railroad en-
ployes, and prescribes excessive PEN
alties. The roads denied that con-
gress. in regulating commerce, has
the right to fix employees wages; con-
tended that the law is "solely and
primarily wage fixing law and does
not limit employment to eight hours
daily. Especially the railroads at
tackled section Of the bill, providing
| for the immediate temporary increase,
as taking Of property without due
process of law.
Power of congress to fix wages was
the basic principle contested. The
. department Of justice maintained that
for public interest in unobstructed
transportation, in efficient, safe train
operation by conserving energy Of
operatives and having them paid fair
wages. Congress has authority to fix
hours Of labor and wage standards.
To the charge that. the temporary
increase takes railroad property with
out "due process" the federal authori-
ties contended congress has such
power in preventing stoppage Of COM
turbance of existing wage contracts
and negotiations of new ones. it was
insisted, should not render the law
void, congress authority being su-
preme.
Law Workable. Said Government.
That the law is workable and con-
ceded by the railroads so to be was
asserted. BY substituting an eight
hour day standard for the present
general freight service standard Of
zone hundred miles or less, ten hours
or less" as days work, the federal
attorneys said the law could be made
operative, either by speeding up trains
to cover the 100 miles in eight hours
or by paying overtime. Formulas to
put this IL IL miles per hour speed
basis" into effect were submitted to
the court for possible adoption in
constituting and giving effect to the
law.
Discrimination in favor Of train op-
eratives only and the best paid Of