Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-03-19

ton, as to the amount or wages
which shall constitute an eight-hour
day standard.
The federal hours OF service act.
prohibiting continuous employment OF
trainmen more than l6 hours daily, re-
/, main undlsturbed regardless Of the de-
cision upon the Adamson law
Entitled AN act to establish an
cigH-hour day for employees Of car
riers engaged in interstate and foreign
commerce, and for other purposes,
i the law was made effective January
end comprised four sections. Briefly
the first section, providing the perma-
nent eighthour wage standard, de-
clares that beginning January l 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 actually
engaged in any capacity in the opera
| ton of trains" r..
Railroads not more than 100 miles
long and independently owned, and
electric street and interurban railroads
were excepted h..
Commission Is Provided
Section 2 provides for the ,presiden.
tial commission of three, now headed
by Mai. Gen. Goethals, to investigate
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. r. !
Section 3, 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
ject to this act for a 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"
Section 4, prescribing penalties, de-
clares: ANY person violating any pro-
vision of this act shall be guilty Of a
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
TIT,
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 G. Ferris, receiv-l
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 %, two days after the
suit was filed, Judge Hook held the
law unconstitutional, null and void"
and gave a 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
tice to the supreme court. He also
ordered the railroad to keep account |
of wage increases due under the law. |
to insure, prompt payment following |
a decision upholding its validity.
Goes to 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 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-
al authorities would rot attempt to
enforce penalties for non-observance I
and that the railroads would keep &C
count of wage increases due from
January 1.
The railroad brotherhocds were not
parties to the stipulation nor to the
suit, and had 20 attorneys participate
ing IN tue SURFING curt dESuncutS.
Power of congress to fix wages was
the basic principle contested. The
department OF justice maintained
that for public interest in unoOstructed
transportation. in efficient, safe train
operation by conserving energy Of OPP
eratiyes and having them paid fair
wages. Congress has authority to fix
hours of labor and wage standards.
Power Of Congress Cited
To the charge that the temporary
Increase takes railroad property with
out due process" the federal author
tiles .contendei Congress has such
power in preventing stoppage of COM
merce, by strike or otherwise. Dis
turbance of existing wage contracts
and negotiation of new ones. il was
insisted, should not render the law
void. Congress- authority being SUI
preme.
That the law is workable and con-
ceded by the railroads so to be was
ASSERTED BY substituting an S-hour
day standard for the present general
freight service standard of lone hun
dred miles or less, ten hours or less"