Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1917-03-20

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| ton, as to the amount of wages |
which shall constitute an S-hour day
standard
The federal hours of service act,
prohibiting continuous employment of
trainnnen more than 16 hours daily, re-
mains unoisturbed regardless of the |
! decision upon the Adamson law.
Entitled IAN act to establish an
eigth hour day for employees of car
| rlers engaged in interstate and foreign !
| commerce, and for other purposes"
the law was made effective January
and comprised four sections Briefly,
the first section. providing the per-
clares that beginning January l,
eight hours shall, in contracts for
labor and service, be deemed a days
work for the purpose of reckoning
compensation of all employes-noW or
hereafter employed by any common
carrier by Enthusiastically engaged
IN any capacity in the operation of
trains"
Railroads not more than 100 miles
long and independently owned, and
electric street and interburban rail-
roads were excepted.
Section provides for the presi-
dental commission of three. now
headed by Major Cocktails, to investi-
gate and report to the president and
congress the Operations and effects
of the institution of the S-hour stan
dard .workday-and the facts and con-
dltlons affecting the relations between
such common carriers ard employees
during-siX to nine months" A report
whiting 80 days after that period
discretionary with the commission
was ordered, the temporary increased
wages remaining in effect still another
80 days
Saptinp
railroads as void, providing the tenn
porary increase. states:
Pending the report of the commits
sion and for thirty days thereafter.
the compensation of railway EMPLOYEES
ubJect to this act for a standard days
wage, and for all necessary time in
excess of eight hours, such employees
shall be paid at a rate not less than
the prorata for such standard eight
hour workday'
Section 4, prescribing penalties de-
ciares: ANY person violating any
provision of this act shall be guilty of
misdemeanor and upon conviction
sdall be fined not less than 500 and
not more than $1,000, or imprisoned
not to exceed one year. or BOTH
The Adamson act was one of six in
. the legislative program, presented by
! President Wilson to congress in his
message of August % after the strike
had been called and after conferences
failed. 10 bring settlement, and when
+ railroads were directing freight en-
bafSoes in anticipation of a strike
Other legislation recommended in
Guided e-organization and enlarge
I ment of the Interstate Commerce com
= mission approved by congress of in
creased rates to meet the increased
wages proposed public investigation
p OF labor controversies before strikes
a or lockouts. and Vesting the president
! with authority to operate railroads in
case of military necessity All these
+ have been considered by congress ex-
: ceDt the proposed rate increase, which
: the president withdrew in his opening
: message to congress fast December.
The house voted 239 to Sc on Sep
: TENDER l. to pass the Adamson bill.
Seventy republicans voted with demo-
= Gratis in its favor. Two democrats.
Il Representatives Black of Texas and
Steele, Of Iowa. voted against it, On
September ., the bill passed the SEN
> ate. IS to rs, Senator La Toilette. Wis
= consin republican. joining the demo-
Gratis, and Senators Clark of Arkansas,
since deceased, and Hardwick of
Georgia voting with 26 republicans
Il against il. The brotherhoods' strike
: order was recalled that day and the
president signed the measure the next
5 day, Sunday, September 8, and aga
on September 5.
L Early last November Injunction
o suits were filed by various railroads
in virtually ali federal district courts
: to enjoin the laws enforcement. The
It present test case brought by AleXan-
II der New and Henry c. Ferris, re-
ceivcrs for the Missouri, Oklahoma
and Gull railroad, was agreed upon to
n etermine nationwide constitutionality
Lon 100, 8 ~ l.,
: such determination, the case was sub
d mitted without argument to Federal
= Judge William G.. Hook al Kansas
s City, Missouri
= On November %, two days after the
= suit was filed. Judge Hook held the
II law UNCONSTITUTIONAL, null and void
II and gave decree permanently enjoin
d ing United States Attorney Wilson
e, from enforcing it, Judge Hook dis
missed the bill as to brotherhood Of
: ficers named defendants and ordered
: the railroad to cooperate in expedit-
IS ing the appeal of the department OF
= justice to the supreme court. He also
r ordered the railroad to Keep account
= of wage increases due under the law
% 10 insure prompt payment following
&c a decision upholding its validity
If The federal appeal was filed in the
If supreme court November q and the
court asseDted to expedition of the
+ hearing, three days of arguments fol-
It lowing January S to 10. Pending the
decision, the department of justice and
k railroad attorneys formally stipulated
that the 500 odd injunction suits
.e should not be pressed, that the federal
authorities would not attempt to en-
'e force penalties for non observance and
g that the railroads would keep account
n OF wage increases due from January
The railroad brotherhoods were not
y parties to the stipulation nor to the
l. suit, and had no attorneys participat
d ing in the supreme court arguments.
N In appeal to the supreme court, the
W department of justice commended briet
: ly, that the Adamson act is constitute
tional and enforceable, both as al
l. hours of service" and wage fixins
TO statute, under congress board anC
l. supreme constitutional authority t,
/ regulate interstate commerce Power
re OF congress to fix wages and also t,
II prevent strikes. in insuring unobstruc-
l. ted transportation and movement o.
h commerce, was especially maintained
Is The railroads eontended, generally
1t that the act is void because grossly
in excess CT congress commerce regu
l. lation authority. They asserted alst
l. that it is indefinite, uncertain, un-
ze workable, incapable of application
without judicial interpretation fixe.
no standard for computing thl
l. amount of wages is a mere temper.
l. airy expedient and experiment inter
S feres with constitutional liberty o
contract ard takes railroad propert!