Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-03-19
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eight-hour day for employees OF car.
riers 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 perma-
nent eight-hour wage standard, de-
claTes that beginning January eight
hours shall, In contracts for labor and
service, be deemed a days work for
the purpose Of reckoning compensa,
ton Of all employees now or
hereafter employed by any common
carrier by railroad I" actually
engaged in any capacity In the opera
ton of trains"
Railroads not more than 100 miles
long and independently owned, and
electric street and interurban railroads
we're excepted.
Commission Is Provided ...
Section provides for the presiden-
tiai commission of three, now headed
and report to the president and con-
gress the operations and effects OF
the institution Of the eight-hour stand
ard work day and the facts
and conditions affecting the relations
between such common carriers and
employees during . six to nine
months" A report within 80 days
after that period. discretionary with
the commission, was ordered, the tenn
porary increased wages remaining in
effect still another 80 days
Section 8, especially assailed by the
railroads as void, providing the tenn
porary increase, states:
Pending the report Of the commits
sion and for 80 days thereafter the
compensation OF railway employees sub
jet to this act for q standard eight
hour work day shall not be reduced
below the present standard days wage
and for all necessary time in excess
of eight hours such employees shall
be paid at rate not less than the pro
rata for such standard eight-hour work
day" "
7 Section 4, prescribing penalties, de-
clares: ANY person violating any pro
vision of this act shall be guilty OF
misdemeanor and upon conviction
shall be fined not less than 800 and
not more than $1,000, or imprisoned
not to exceed one year, or both"
History OF Suit
Early last November Injunction
suits were filed by various railroads
in virtually all federal district courts
to enjoin the laws enforcement. The
present test case, brought by Alexan-
der New and Henry C. Ferris, receiv-
ers for the Missouri, Oklahoma & Gulf
railroad, was agreed upon to deter
mine nationwide constitutionality and
operation of the law. To expedite
such determination. the case was sub
mitted without argument to Federal
Judge William c. Hook at Kansas
City, Mo.
On November 20, two days after the
suit was filed, Judge Hook held the
law unconstitutional, null and void
and gave decree permanently en-
joining United States Attorney Wilson
from enforcing it. Judge Hook dis. !
missed the bill as 10 brotherhood Of
ficars named defendants and ordered
the railroad to cooperate in expediting |
the appeal of the department Of JUS
lice to the supreme court He also
ordered the railroad to keep account
Of wage increases due under the law.
to insure prompt payment following
3 decisi0n uphulding its validity
Goes 10 Supreme Court
The federal appeal was filed in the
supreme court November % and the
court assented to expedition of the
hearing, three days of arguments fol-
lowing January 8 to 10. Pending the
decision, the department OF justice and
railroad attorneys formally stipulated
that the. 500 odd Injunction suits
should not be pressed, that the feder-
II authorities would not attempt to
Ter. So the question is, what can
We dor