Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1917-01-08
LEGAL QUESTION
ON ADAMSON LAW
BEFORE TRIBUNAL
GREAT ARMY OF LAWYERS APPEAR
BEFORE SUPREME COURT TODAY
To ARGUE ON VALIDITY.
MISSOURI, OKLAHOMA & GULF CASE
is FIRST TO ARGUMENT-DATE
OF DECISION UNCERTAIN.

over the cunStIiutlOnallty Of the AdamS0n
law came up today in the supreme court. a
large array Of attorneys for the railroads
and counsel for the government were on
hand for the last stage of the battle over
the validity Of the act Of congress last
September when the country was threat
ened with a nation-w wide railway strike.
First upon the courts call ut ease. to-
day, following IL three weeks holiday re-
cess. was the Missouri. Oklahoma & Gulf
railroad ease, chosen by the department
Of justice and the railroads for the test.
i was not expected that the arguments
would be concluded before tomorrow.
When the court will announce a decision
i problematical. but il i expected within
a few weeks a. the court has consented ID
expedite the proceedings and placed the
test ease ahead Of all Others upon todav'-
call The case was appealed last Novem-
ber, from the decision of Federal Judge
Hook a. Kansas City, Mo, that the law
was Unconstitutional, null and void"
The railroad lawyers we're headed by
Walker ID. Hines. Arther Miller represent
ed specially the Missouri Oklahoma and
Cult road. John q. Johnson Of Philadel-
pima also appeared for the railroads.
In charge of the defense of the Adamsou
act for the department of justice we're So
Iicitor General John w DAVIS, Assistant
Attorneys General +. Marvin Underwoo
and q. Carroll Todd and Frank Hagerman
of Kansas City, special assistant to the
attorney general.
The railroad brotherhouds were not for
NAL parties of today's test suit Judge Hook
dismissed the Missouri, Oklahoma & Gulf
railroads bill a. to union officers named
defendants.
Todays arguments, technically, were up
on appeal Of United States Attorney Fran
els NJ. Wilson of Kansas CITY from Judge
Hooks decision In an injunction suit
brought by Alexander New and Henry C.
Ferris, receivers for the, Missouri, Okla
homa 4 Gulf, to enjoin enforcement of the
law To all railroads.
BY a stipulation, signed b. railroad aud
department Of justice counsel. an other
litigation over the Adamson act has been
suspended pending the supreme court ~ de-
cision. The railroads agree meanwhile "a
keep special account OF wages due en-
ployes under the new law, to insure paw
ment ii the act j. sustained as constitu-
tional or given partial application.
The principal provision OF the Adam
son act, which become effective January
and whose operation was suspended by
the present legal proceedings, declares
"elght hours shall, in contracts for labor
and service, be deemed days work for
the purpose Of reckoning compensation for
services of all employees en-
ployed by any common carrier by
railroads actually engaged in any "a
pacity IN the operation of trains.
The law was passed hy the House Sep
tember /, BY the Senate on September 2
and signed BY President Wilson twice. Sep
tember , IA sunday and 3. The general
strike of railroad brotherhoods previously
ordered for Labor Day, September 4, was
called off,
That the law is not IN reality an S-hour
day statrte, but wage increase act j.
contended Fby the railroads. In the pres
ent case ii is also contended that the law
i unworkable, incapable Of applications j. 1
not a regulation of commerce within the
authority of congress, but a temporary ex-
pertinent. and "unreasonably and arbitrar-
ily' interferes with constitutional liberty
of contract as well as depriving the rail !
roads Of property in violation Of the "due
process of law" clause OF the constitu-
tion.
While the Missouri, Oklahoma 4 Gulf has
but few employees subject to the act, being |
small line and in hand- of receivers,
counsel admitted that the test act, being
SIMILAR line and in hands of receivers,
counsel admitted that the test case il not
typical Of many other large trunk lines.
having thousands of employees under con
tract. Utmost freedom to present evi-
dence regarding operation Of the law upon
all railroads, under all conditions, was
agreed upon in the present ease, 50 that
the supreme court should have complete
data affecting all railroads.