The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1917-03-24
SUPREME /; '1el;ltRE: D '1illEe|sIoiI /
SQk - ,'T,'4sF u VI ~
UPHOLDS THE EIGfiT HOUR
RAILROAD LAW.
Decree of Highest Tribunal Opens
Path for Extension Of Laws to Pre-
vent Possible Ticup oi Transl,orta.
ticn--Baset on Public Right to Ser.
vice from Corporations.

clothed with any and all power necns
sary to keep open the channels Of
Interstate commerce. the supreme
court. five to four. sustained tho
Adamson law as constitutional and
enforceable in every feature.
The immediate effect of this deci.
sion is to fix permanent eight hou,
basic day in computing wage scales
on interstate railroads for which a
nationwide strike twice has been
threatened and to give. effective from
January this year, increases in wages
of trainmen Of about 25 per cent, al
cost to the railroads estimated al
from $40.O0o,oOO to $4,000. 900 q
year.
The court, through Chief Justice
White. declared both carriers and their
employees, engaged in business
charged with a public interest, sub
ject to the right Of congress to COM
pulsory arbitrate a dispute affecting
the operating Of that business. F"
Whatever would be the right o.
an employe engaged in private busi.
ness to demand such wages as he DO
sires. to leave the employment IL he
does not get them and by concert of
action to agree with others to leave
on the same condition" said the opin-
ION. such rights are necessarily sub
ject to Limitation when employment Is
accepted In business charged with q
public interest and as to which the
power to regulate commerce by con-
gress applied. and the resulting right
to fix in case Of disagreement and dis
pute a standard Of wages as we have
seen necessarily obtained"
In delivering the opinion the chief
justice departed from his written text
to emphasize the Importance Of op!
Grating trains In a time OF national
emergency by comparing the railroad
men to soldiers facing an enemy.
Coming on the heels OF the conces-
sion OF the eight hour basic day by
the railroads at New York to avert
the threatened strike. todays decision
Is regarded as largely supplanting that
agreement and also removing for all
time through the broadest interpreta-
ton Of congressional authority out
lined by the court the probability of
future transportation paralysis.
Joining in with the chief Justice
In sustaining the law were Justices
McKenha and Holmes-his immediate
seniors in point of service-and Jus
tices Brandeis and Clarke. Junior
members. Dissenting for various rea-
sons were Justice Day, vandeventer,
Pitney and McReynoids.
The majority upheld the public right
to have interstate commerce uninter-
rupted as basic principle paramount
to interests or the railroads or their
operatives-both declared to be in
public service and subject to the su :
preme unrestricted power of congress
to take any action necessary to main.
tain freedom and uninterruption of
interstate commerce.
Either as a law fixing wages or
hours Of labor, the court decided con-
gress had authority to enact the
Adamson statute. <
Concurring in the main principles
enunciated by the majority, Justice
McKenna expressed the opinion that
the law is an hour of service and not
a wage fixing statute. He also su9-
gested increase of railroad revenue
probably would be provided IL wage
increased resulted.
The dissenting opinions-Justices
Day and McReynolds delivering in.
dividual views and Justices Pitney
and Vandeventer joining in one an
dooCTIc0 INat
the Adamson act is void because be.
yond constitutional powers of con.
gress, because it takes railroads 8
property without due process Of law
or because 1t is not an hour of labor
statute or a legitimate regulation OF
commerce. a...
Justices Pitney and Vandevente,
denied that congress has power to fls
wages OF common carriers' employees
"a power upheld by the majority
Justice Day did not admit or. den,
such power, dissenting because, he
said, the law illegally takes railroad
revenues and gives them to the tre...
men by arbitrary, illegal congress
sional fiat"
In upholding the statute the. ma
jority reversed Federal Judge Hook.
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