The Tabor independent. [volume] (Tabor, S.D.) 1913-19??, 1917-01-11
Appeal of Missouri, Oklahoma
& Gulf Expected to Settle
C0nStituti0naIity of Hur-
ried Legislation.
EXPECT A DECISION SOON
Government and Railroads Hope
For Quick Action on Case In
volving Pay and Work
d.. Of Trainmen.

Washington, Jan. 9.-The climax in
the legal contest over constitutionality
Of the Adamson law was reached to.
day in the supreme court.
Arguments were begun in the Mis-
souri,, Oklahoma & Gulf railroad test
In which the department OF justice is
appealing from Federal Judge Hooks
decision at Kansas City, Mo, that the
law passed last September, when a ma
ton wide railroad strike seemed immi-
nent, was unconstitutional, null and
void. Conclusion of the arguments late
tomorrow is expected. They are first
on the merits of the Adamson law in
n court, Judge zoo having decided
the case without formal hearings in
order to expedite the appeal for the
supreme's courts final determination.
A decision is expected within a few
weeks at most.
Noluminous briefs were filed today
by the federal and railroad counsel be-
fore the beginning of the arguments,
which proceeded after announcement
by the court OF numerous opinions and
orders, on r~econvening after its holi-
day recess.
Numerous precedents, including SUI
preme cou decisions, were cited in
the department of justice brief in sup
port of the laws validity. The rail-
roads brief contended the law is un-
workable, experimental, incapable OF
application, interferes with liberty Of
contract. does not fall within congress-
authority to regulate interstate COM
merce and takes railroad property
without due process Of law"
Long Argument Heard.
The arguments We're begun by coun-
sci for the department of justice. which
has sole charge Of the defense, the rail-
road br~otherhoods not appearing Off
cially.
Eight hours for the hearing was de-
sired 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.
The railroad lawyers were headed by
Walker ID. Hines. Arthur Miller rep
resented specially the Missouri, Okla
homa q Gulf road. job G. Johnson,
Of Philadelphia, also appeNed for the
railroads.
In charge of the defense Of the Ad-
amsor act for the department of JUS
tice were Solicitor Gen John w. Davis,
Asst. Attys. Gen. f. Marvin Under
Hagcrman, of Kansas City, special as
sistant to the attorney general.
Contend It's Wage Measure.
The principal provision Of the Ad-
amson act, which became effective
January ! and those operation 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 services
of all ennis yes = r employed by any
|common carrier by . = . railroads &C
tually engaged in any capacity in the
operation of rains.
That the law is not in reality an
sight-hour day statute but q wage in
crease act is contended by the rail-
roads. In the present case it is also
:ontended that the law is unavoidable,
incapable Of applications: is not a reg
ulation of within the author
ity OF congress-, but a temporary ex-
pertinent, and "unreasonably and arbi-
trarily'' interferes with constitutional
liberty of contract, as we'll as depriv-
ing the railroads of property in viola
ton of the due process of aw" clause
of the constitution.
A separate brief was filed by Frank
Hagerman, of Kansas City, Mo-. special
assistant to the attorney general.
in addition to defending the law as
within the power of congress-. Mr..
Hagerman contended the railroads had
previously admitted, but now deny. the
law is capable Of operation.