The Birmingham age-herald., 1917-03-20
Supreme Court Upholds
 Atkinson Eight Hour LdW
Continued from Page One)

forcement of the act would result in con- | fiscation, the misconception upon which | all the propositions proceed becomes ap- parent. $
 Being of the opinion that Congress had the power to adopt the act in question, whether it Ge viewed as direct fixing of wages to meet the absence of stand ard on that subject resulting from the dispute between the parties or as the exertion by Congress of the power which it undoubtedly possessed to provide the appropriate legislation for compulsory arpitlaton-a power which inevitably re- suited from it's authority to protect in- terstate commerce in dealing with situ- ation like that which was before tive conclude that the court below erred in holding the statute was not within the power of Congress to enact and in re- straining it's enforcement and it's decree must be- and it is reversed and the cause renanded with directions to dismiss the bill.
 Holding the Adamson act an 'arbi- trary and unreasonable taking oI property" from the railroads without due process of law, experimental ana admittedly enacted without due delio- eration, Justice Day dissented, al though he said he was not prepared to say Congress is without power to
  ly said, however he did not believe Congress has power to enforce com pulSory arbitration and asserted that the emergency last September did not warrant any excessive exercise of con stitutional powers of Congress. T agree that to secure prop CT service and to insure reasonable rates to the public Congress has the power to fix the amount of compensation" he said, adding that this power must be exercised subject to usual constitutional limitations of due process" of law.
 Citing these limitations. Justice Day continued:
 This act cannot successfully with stand the attack that it is an arbitrary and unlawful exertion of supposed legislative power It is not an act limiting the hours of service. Nor is it a legitimate enactment fixing the wages of employees. Stating that the law provides tenn porary pay for eight hours service formerly required for 10 hours, Justice Day said:
 In other words. Congress expresses its inability to fix in advance of in vestigation just and proper wage. 4It inevitably follows that the cost of the experiment, many millions of dol lars, must be paid not by the public
 
 entirely upon one of the parties.
 Inherently such legislation requires that investigation and deliberation shall precede action. Nevertheless Con- gress has in this act itself declared that lack of sufficient information ana knowledge to warrant the action taken and has directed an experiment to de- termine what it should do.
 Such legislation, it seems to me, amounts the taking of the prOD- erty of one and giving it to another in violation of the spirit of fair play and the due process clause
 No emergency. whatever the char acter could justify the violation of constitutional rights"
 Regarding the effect of the major ity decision, Justice Day said:
 T am not prepared to admit that Congress may. when deemed necessary for the rublic interest. coerce employees against their will to continue in serv- ice in interstate commerce. Nor do l think it necessary to decide, as stated in the majority opinion that bitration law
 Justice McReynolds' dissenting opin- ion said:
 "Whatever else the act may do, It certainly commands that during d minimum period of seven months in- 1, terstate carriers by railroad shall pay their employees engaged in operating trains for eight hours work wage not less than the one when established for a standard day-generally of 10 hours.
 q have not heretofore supposed that such action was regulation of com 1 merce within the fair intendment of those words as used in the constitu- 1 tion; and the argument advanced in support of the contrary view Is un- therefore. concur in the conclusion that i it was within the power of Congress | to enact the statute.
 1 Put, considering the doctrine now affirmed by a majority of the court as established it follows that Congress | has power to fix maximum as well l as minimum wage for trainmen, to require compulsory arbitration of la l Dor disputes which may seriously and directly jeopardize the movement of /, interstate traffic; and to make meas l ares effectively to protect the free | flow of such commerce against any 1 combination. whether of operatives, owners or strangers.''
 1 In his separate opinion. concurring 1 with the majority of the court, Justice | McKenna discussed the meaning of the ] law and said it is an hours of serv- 1 ice rather than a wage-fixing law. He also indicated that if the railroads
 are not allowed to increase revenues 1 to meet it's extra financial burden, the | law might meet constitutional objec- | tons.
 i "Prescribing the hours of labor IS