Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1917-01-10
Government Attorney Defends
AdamSon Act in Strong
Speech Before United States
Supreme Court.
JUSTICES AGAIN ASK
PERTINENT QUESTIONS
Railroads Declare Measure Is
Unconstitutional, UnWork-
able and ConfiSCatory Of
Private Property.

I NV NoshNo JOURNAL lssbtp WtRt
! Washington, Jan. 9.-Arguments be-
fore the supreme court on the consti-
tutonality of the Adamson act neared
a close tonight after an all-day attack
| upon the law by railroad counsel. To-
morrow the final statement of the
| governments case will be made and
the test suit will be submitted for court
decision.
| Questions of law, the merit of the
| legislation and the manner of its en-
actment were discussed at length to-
| day, and members of the court con-
tinued to add interest to the proceed
ings by interrupting counsel with
questions.
Lack by congress of authority to en-
act what they termed railroad wage
| legislation was the principal line of
attack of the railroad attorneys,
Walker d. Hines and John G. Johnson.
| They contended also that the law Is in
capable of operation without judicial
! Interpretation. takes property without
| due process of law, and interferes with
/ liberty of contract
Act Unworkablc.
! Difficulty of definitely applying the
act was emphasized by Mr.. Hines. He
said although the law fixes an eight
| hour standard railroad day for train
operatives, nearly all such employees
are employed on mileage. trip, run or
monthly basis.
''rhe primary purpose of the act was
arbitrary regulation of private con-
tracts he declared, In concluding an
address of more than three hours. ut
sets aside legitimate methods, substl-
tuting an unavoidable speculative ar
rangement. It's classifications give
benefit only to the four brotherhoods
! who were demanding the changes-all
| for the benefit of special, high paid
class, In all aspects 1t is of unconsti-
tutional and bewildering unworkabil-
| ity, without relation to any substan-
| tial promotion of commerce"
| johnson Assails Law.
| In closing an address for the rail-
roads, Mr.. Johnson assailed the hasty
enactment of the legislation by con-
gress, as well as the conduct of the
| brotherhood leaders. He said the act
was against public, and purely for pri-
vate interest. and arbitrarily trans
fers between forty and fifty million
dollars from the pockets of the rail-
roads ss to the pockets of the work
| He insisted it is solely and purely a
wage increase law. To make the ques-
tion of railroad wages political, to be
settled by congress from time to time,
b l. IL a 70 fx,-1
suits
There is nothing in the Adamson
act for protection of the public" he
said. "The brotherhoods had the hon.
esty not to pretend they were protect
ing the public, but stood upon their
own selfish ends.'
Regarding the statement that the
act was passed to prevent strike, he
added:
To Prevent Strike.
Have we come to that? Have we
reached the period when the men who
threaten u strike shall be rewarded?
I'm not comparing men, only meth
DDS, but we might as we'll buy off q
gang of highwaymen with bribe to
prevent interference with commerce"
Half an hour before court adjourn-
ed, Frank Hagerman of Kansas City.
special assistant to the attorney gen.
eral, began the closing address of the
hearings He defended the law as be-
ing capable of operation by a mere
change of railroad bookkeeping. and
said congress enacted it in the face of
great emergency.
off yyn gp't pne -Sidpd affa jr - ha
said. There were railroad repre-
sentatives who acted upon the assump-
tion that railroads owe nothing to the
public"
Assuming that congress can raise
wages for a limited period. can it do
so for an unlimited period?" asked
Justice Pitney Where do you draw
the line between private operation and
public management"
Il don't draw the line" Mr.. Hager-
man answered.
But it may be necessary for he
purpose of this argument, Justice
Pitney observed.
Justice Whites Proposition.
Chief Justice White then stated the
following proposition:
Here's question of strike. More
pay is asked. The other side says
more pay means higher rates. Con-
gress says we haven't had a chance to
investigate this matter, but we'll put
temporary arrangement into effect
and give an opportunity for full in
vestigation, with temporary increase
of wages and also an increase of rates.
Now, that's your proposition, isn't it?'
'Yes," Mr. Hagerman answered.
THE court has held that if opportun-