Evening star., 1917-01-08
Voluminous Briefs Filed.

weeks at most.
Voluminous Briefs Filed.
voluminous briefs were filed today by
the federal and railroad counsel before
the beginning of the arguments. which
proceeded after announcement by the
court Of numerous opinions and orders
upon reconvening after its holiday re-
cess.
Numerous precedents. including Su-
preme Court decisions. were cited In
the Department of Justice brief In sup
port of the laws validity. Tho rail-
roads brief contended that the law Is
unworkable, experimental. incapable
of application. interferes with liberty
of contract, does not fall within CON
gress' authority to regulate interstate
commerce. and takes railroad property
without due process" Of law.
The arguments were begun by coun-
sci for the Department Of Justice, which
has sole charge Of the defense, the rail-
road brotherhoods not appearing ON
cially. Eight hours for the hearing
was desired by the railroads counsel,
but less was deemed necessary by the
federal attorneys. The usual time
given by the court for a case is three
hours
Railroads Counsel.
The railroad lawyers were headed by
Walker D. Hines. Arthur Miller rep
resented specially the Missouri, Okla
homa and Gulf road. John G. johnson
Of Philadelphia also appeared for the
railroads In charge of the defense of
the Adamson act for the Department
Of Justice were So1Icft6s 'Uehefai John
W. Davis, Assistant. Attorney General
E. Marvin Underwood and G. Carroll
Todd, and Frank Hagerman of Kansas
city. special assistant to the Attorney
General.
Today's arguments. technically. were
upon appeal OF United States Attorney
Francis NJ. Wilson of Kansas City
from Judge Hooks decision in an In
junction suit brought by Alexander
New and Henry c. Ferris, receivers for
the Missouri. Oklahoma and Gulf. to
enjoin enforcement Of the law. Actual
ly, however. the case will determine
application Of the law to all railroads.
BY stipulation. signed by railroad
ard Department of Justice counsel. all
other litigation over the Adamson act
has been suspended pending the SUI
preme Courts decision. The railroads
agree meanwhile to keep special ac-
count Of wages due employees UNDER
the new law. to insure payment II the
act should be sustained as constitu-
tional or given partial application.
The principal provision of the Adam
son act, which became effective Janu-
airy /. and the operation Of which was
suspended by the present legal pro-
ceedings. declares eight hours shall. In
contracts for labor and service, be
deemed a days work for the purpose
of reckoning compensation for serv
ices Of all employees employed
by any common carrier. by rail-
roads actually engaged in any capacity
in the operation Of trains"
History Of Act.
The law was passed by the House
September /, by the Senate on Septem-
Der and signed by President Wilson
twice, September 3 "a Sunday and Sep
tember s. The general strike OF rail-
road brotherhoods previously ordered
for Labor day, September 4, was called
Off
While the Missouri. Oklahoma and
Gulf has but few employees subject to
the act, being a small line and In hands
test case is not typical of many other
large trunk lines. having thousands of
employees under contract. Utmost free
dom to present evidence regarding
operation of the law upon all railroads
under all conditions. was agreed upon
in the present case, SO that the Su-
preme Court should have complete data
affecting all railroads.
Governments Brief.
Annulment of Circuit Judge Hooks de-
cision holding the Adamson law uncon-
stitutional and dismissal of the railroads
suit was asked in the brief of the De-
partment of Justice.
As an hours of service" act and also
as a wage law, the federal brief con-
tended. the law is constitutional, within
the power Of Congress to enact, and
workable. InferentiaIly the brief argued
that compulsory arbitration legislation.
such as in under considerat ton. also Ia
constitutional in behalf of public inter-
ests to prevent tie-ups Of transportation
facilities
Practicability of obeying the law. the
brief asserted. has been admitted again
and again by railroad officials, particu-
larly in hearings before congressional
committees last August and in confer
ences with President Wilson.
"Au assumed that the mere change
from the established and well understood
ten hour standard day to the proposed
eight hour standard was all that was
citing that IS per cent Of employees af
fected are now employed on a ten-hour
basis.
Not Altogether Practicable.
Admitting that rigid eight hour day
for train operation Is not complete,v
practicable. the federal attorneys said
the Adamson law should be enforced
at least so far as it is possible.
Two coordinate branches of the