New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-10
Counsel for Railroads At
tacks Measure in u. ).
Supreme Court
JUSTICES INTERRUPT
WITH MANY QUERIES
Government Replies and
Will Close Test Case
To-day

Washington, Jan. 9.-Arguments ne
fore the Supreme Court on the constr
tutionality Of the Adamson act neareI
a close tonight after an all-day attack
upon the law by the railroad counsel
Tomorrow the final statement Of the
Governments case will be made ana
the test suit submitted to the court Tor
decision.
Questions of law, the merits OF leg
islation and the manner Of its enact
ment were raised and discussed ~
length to-day, and members OF the
court continued to add interest to the
proceedings BY interrupting counsel
with questions.
Lack of authority by Congress to en-
act what they termed railroad wage
legislation was the principle line oil
attack of the railroad attorneys, Walker
D. Hines and John G. Johnson.
Difficulty OF definitely applying the
act was emphasized by Fir. Hines. He
said although the law fixes an eight
hour standard railroad day for train
operatives, nearly all such employees
are employed on mileage, trip, run or
monthly bases
Calls Law Arbitrary
"The primary purpose of the act was
arbitrary regulation OF private con
tracts" he declared, in ending an az
dress Of more than three hours. II
sets aside legitimate methods, suosu-
tuting an unavoidable speculative ar
rangement. It's classihcations give pen
eft only 10 the four brotherhoods VINO
were demanding the changes. In an
aspects it il OF demonstrations ana
bewildering unworkability, without re-
lation 70 any substantial promotion o.
commerce"
"Can Congress authorize the Inter
state Commerce Commission 10 TX ran
road wages ?" asked Justice Day.
Mr.. Hines replied it was doubtful UNI
less wages were abnormally low-low
enough TO interfere with transporta'
ton.
Asking if the brotherhood wage
contracts were fixed prior TO 1919 JUS
tice Brandeis said: ~.
"Shoudn't this court take judicial
notice Of the fact that there has been
great increase in the cost OF living
since these wages we're fixed ~
Nr. Hines answered that the fect
would not Justify the court in hold
ing that evil existed which would JUS
tify Congress in exercising a power
even if it had that power
"If there is no power there can De no
justification for its attempted eXer-
else" the Chief Justice observed.
When Mr.. Hines said the law did not
limit service to an eight-hour day. ouI
merely fixed a wage standard proyld-
ing for overtime, Justice Brandels
asked:
isn't it historical fact that in the
introduction of the legislative policy
of reducing the hours Of labor many OF
the states began in fixing what num-
her of hours should be a standard
day. and later in the progress OF iegls-
lation there came an actual prohibition
of more?"
Mr.. Hines replied that the court had
not so construed the laws.
Johnston Closes Railroad Case
In the closing address for the rail-
roads Mr.. Johnston assalled the nasty
enactment of the legislation by Con-
gress. as we'll as the conduct OF the
brotherhoods' leaders. He said the act
was against public and purely for pri-
waite interest and arbitrarily transfers
between forty and fifty million dollars
from the pockets of the railroads TO
the pockets of the workmen.'
"There is nothing in the Adamson
act for protection Of the public ne
said. THE brotherhoods had the hon
estv not to pretend they were protect
ing the public. but stood upon their
own selfish ends
Half an hour before court adjourned
Frank Hagerman. of Kansas City, spe
cial assistant to the Attorney General,
began the closing address Of the hear
ings.
at wasn't a one-sded affair" he
said. There were railroad represen-
tatives who acted upon the assumption
that railroads owe nothing to the pub
lie"
Assuming that Congress can raise
wages for a limited period, can it d.
so for an unlimited period?' aske !
Judge Pitney. where do you draw