Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1917-01-11
Final Arguments on ConStitu-.
tionaIity of Adamson Act
Are Heard by SupremeI
Court,
JUSTICES CONTINUE
TO ASK QUESTIONS
Special Assistant to Attorney
General Is Reminded That
His Contentious Weaken
Case,


Washington, Jan. l0.-Final argu-
ments were heard by the supreme
court today in the case testing the
constitutionaIity of the Adamson act,
with members of the court continu-
ing to display their extraordinary in
terest by frequent questioning of
counsel,
A decision is expected within a few
weeks, although summary action on
the important issues is not deemed
probable. February 26 has been men
toned as the possible date for the de-
cision, as the court reConVenes that
day after a recess of three weeks to
prepare opinions.
Three days of arguments were con-
cluded this afternoon. The closing
address was made in support of the
law by Frank Hagerman of Kansas
City, special assistant to the attorney
general, who contended vigorously
that congress has authority to regu-
late railroad employees wages in exer-
cising its constitutional power over
interstate commerce,
Attorney General Gregory, several
senators and many railroad and other
lawyers followed today's proceedings.
Hagerman's Argument.
The railroad workmen are just as
much a part of transportation as cars
or locomotives, was contended by Mr..
Hagerman, saying:
IF this court can say that the wage
of the man who makes possible the
movement of trains has no real or
substantial relation to commerce, then
my words are without effect. The
pay of men has Il direct ott,HnB On
effectuality of transportation"
Can congress fix the price of gross
ties?' asked Justice McReynolds.
The attorney replied that incidents
in actual movement" of trains were
subject to congressional regulation.
just Degree Removed.
The question Of ties IS just a de-
gree removed" he said, land We are
only dealing with the movement of
the trains, and tho court has said the
men are a part and parcel of move
ment. In everything that concerns
the movement of trains-engines cars
and what not-congress is supreme,
with power to regulate anything that
deals with the movement of COM
merce. Congress has the right to
move or prevent distractions of COM
merce, whether by compulsory arbi-
tration of strike or the bold threats
Of carriers last September TO stop
freight in anticipation of a
strike
In the interest of efficient and safe
transportation, the attorney argued,
The public has an interest in employees
receiving an adequate wage
More Pointed Questions.
THE public has an interest in re-
,rease?" asked Justice Pitney. as II
your view that congress can go so far
IS to appoint railroad officers and
directors ?"
"If a carrier abuses its trust" Mr.
FIagerman answered, "and doesn't
perform its public functions, the pub ;
ic is entitled to the use of the road
md could have a court take hold by
'eceivers." Regarding the power OF ,
congress to prevent strikes, justice
McReynolds asked: I
rs there no limit in what congress ,
AN do to stop strike? In the Debs .
'ase could congress have ordered the /
to pay Mr.. Debs $4,000 to /
top a strike"
THAT is putting it pretty fierce, but /
believe congress could" Mr.. Hager-
nan answered.
Rcbukcd by Van Dcvanter. .
"Oh, you don't mean that" Justice !
IAN Devanter interiected. THAT I
ninimizes and detracts from every
hing you've said"
II think suggested Justice Holmes
o the attorney, "that you are. very !
wise. in dealing with this question, to
'e precise and not consider the. de-
rec to which the matter can be
'ushed."
In arguing that the law was work
BILE, Mr.. Hagerman poiiSed out that
he railroads had admitted it by /
greeing to keep separate accounts
fter January 1 to insure prompt pay
nent If it were upheld.
Asserting that the railroads need
lot be afraid of the United States"
nd turning to the railroad lawyers,
lr. Hagerman closed by quoting,
mid general laughter. line from the
iospel Hymns as follows:
While the lamp holds out to burn
he vilest sinner may return"