The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1917-03-21
DISSENTING OPINION
o'''e' S1S = $500 aEisht Hour" Law.

Following is, a synopsis OF the as
senting opinion of Supreme Court JUS
tice Pttney. joined by Justice Sa9ue
vanter, In the matter OF the cohs.i.u,
tlonality OF the Adamson law:
s.Mr. Justice Pitney for himselI anu
Mr.. Justice yandeyanter delivered
dissenting opinion expressing con,
currence in the view of MI. justice
Day that the Adamson law is uncon-
stitutional, because congress although
confessedly not in possession OF the
Information necessary for intelligent
and Just treatment of the contro-
versy between carriers and tram
men, arbitrarily imposed upon the
carriers the entire and enormous
cost OF an experimental increase IN
wages, without providing for any
compensation to be paid in case the
investigation should demonstrate the
improperly OF the increase
"Mr Justice Pitneys opinion ex-
pressed the. view of himself and Mr..
Justice yandevanter that the act is
unconstitutional on the further and
more fundamental ground it is not a
proper and legitimate regulation OF
commerce within the meaning OF the
constitution; that it does not estab-
1su etEuI 1ou1S as S4C iAAA1AS " -
days work, there being no prohibit
ton OF service in excess OF eight
hours per day, nor any penalty for
overtime work: that the act merely
provides eight hours shall be treated
as the measure or standard CT g days
work for the purpose OF reckoning
compensation for services; and that
the third section, in providing that,
pending the report OF the investtga-
ton commission for thirty days there
after the compensation OF railway
employees, subject TO the act for a
standard eight hour day, shall not
be reduced below the present stand
ard Of days wage, which is based
upon a ten hour day, requires the
railroads during a period Of from
eight to eleven months to pay as
much for eight hours work as prev
iously was paid for ten hours work,
the effect being to increase wages
without the consent of the railroads
to the amount of many millions Of
dollars.
at Can't be Sustained"
Mr.. Justice Pitney said that the
act cannot be sustained as regula-
ton OF commerce, because 1t has no
5UCu NfCfd IAoA vi OAANStS bASSShADSS
no service to the public; does not
regulate the mode in which service Is
to be performed, or the safeguard to
be placed about 1t. or the qualifica-
tions OF conduct OF those who are to
perform 1t, and has no closer rela-
ton to or connection with commerce
than has the price which the carrier
pays for its engines and cars, or for
the coal used In propelling them.
'eThe trainmen, having accepted
employment under the carriers in in
terstate commerce, so that employers
and employees all engaged together
in quasi public service, the act
simply sets in and pres crtbes how the
money earned in the puolic service
shall be divided between the en-
picyers and tine employees; this being
regulation not OF commerce, but OF
the internal concerns Of the COM
merce carriers. precisely as IL the
act were to provide the rate OF in
terest payable to the bondholders
must be decreased and the dividend
payments to the stockholders CORE
spondingIy increased.
THAT the act cannot be sustained
by analogy to the hours of service
act, the safety appliance acts, or the
employers liability act, for each Of
these has a direct and substantial re-
lation to and effect upon the COM
merce itself, while the Adamson law
has none.
Doesn't Mean Efficiency.
THAT it cannot be sustained ON the
theory that increasing the wages of
trainmen will encourage prompt and
efficient service because the increase
is not conditioned upon efficiency of
service, but benefits alike those who
are efficient and those who are not.
That az a measure for improving
the service IT is as absurd as a law
would be that required the compan-
les TO pay Is percent more than be-
fore for each locomotive or for its
rails. cross ties, fuel, ETC.. without
STIMULATING for any movement in the
quality.