The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1917-03-19
ADAMSON LAW
CONSTITUTIONAL
CONTINUED from Page H.

ancfl1ary to the first command. the
standard of eight hours, that would
not make the prohibition as to any
change of wages any the less fixing
OF wages. It certainly would not
change the question Of power unless
It could be assumed that the legisla-
tive power to fix one thing, the stand
ard of hours, could be enforced by
exerting the power to do another, nx
the wages although there was no
legislative authority to exert the lat
ter power.
|'The doing of one thing which is
authorized cannot be made the source
of an authority to do another thing
which there Is no power to do.
"If to deprive employer and en-
ploye Of the right to contract for
wages and to provide that particu-
lar rate OF wages shall be paid for a
specified time is not fixing Of wages,
1t is difficult to see What would be.
However, there is this very broad
difference between the two powers
exerted The first. the eighth
standard Is permanently fixed. The
second, the fixing Of the wage stand.
ard resulting from the prohibition
against paying lower wages is ex.
pressly limited to the time specified
in section two. 1t Is, therefore,, not
permanent, but temporary, leaving
the employers and employees free as to
the subject OF wages to govern their
relations by their own agreements
after the specified time.
"Concretely stated, therefore, the
question is this: Did congress have
power under the circumstances stated
that is, in dealing with the dispute
between the employers and employees
as to wages. to provide a permanent
eight hour standard and to create by
legislative action standard OF wages
to be operative upon the employers
and employees for such reasonable
time as 1t deemed necessary to afford
an opportunity for the meeting OF
the minds Of employers and employees
on the subject Of wages. Or in other
words, did 1t have the power, In order
to prevent the interruption of inter
state commerce, to exert its will to
supply the absence of wage scale re
sulting from the disagreement as tc
wages between the employers and EN-
ployes and to make its will on that
subject controlling for the limited
period provided for?
Coming 10 the general considera
ton by which both subjects must be
controlled to simplify the analysis fol
the purpose Of considering the question
of inherent power, we put the question
as to the eight hour standard entirely
out of view on the ground that the
authority to permanently establish il
Is so clearly sustained as to render the
subject not disputable.
What was the extent of the power
therefore. of congress to regulate con
Bidering the scope Of regulation which
government had the right to exert
with reference to interstate commerce
carriers when it came to exercise It's
legislative authority to regulate com
merce is the matter to be decided
That the business of common carriers
by rail is in a sense a public bushes:
because of the interest Of socity, o.
continued operation and rightful con
duct of such business and that the pub
lie interest begets a public right o
regulation to the full extent necessar!
TO secure and protect 1t, is settled b,
so many decisions, state and federal
and is illustrated by such a continuou!
eXertion of state and federal legisla
tive power to leave no room for cues
ton on the subject. 1t is also equally
true that the right to Ak by agreement
between the carrier and its employees {
standard of wages to control their re
lations is primarily private, the estab
lishment and giving effect to sucl
agreed on standard is not subject II