Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1917-03-23
provisions OF The EIght-Hour Law
Held To Be Constitutions.


PROVISIONS OF The Eight Hour Law
Held To Be Constitutional.
In an epochsl decision holding Congress
to be clothed with any and all power nee
essary to keep open the channels Of inter-
state commerce, the Supreme Court On
Monday, dividing 5 to 4. sustained the
Adamson Law as constitutional and en-
forceable in every feature.
The immediate effect Of the decision win
be to fix permanent eight-hour basic day
In computing wage scales on interstate
railroads. fN which a nationwide strike
twice has been threatened, and TO give,
effective from January this year. increases
in wages to trainmen Of about IS per
cent, at a coet 10 railroads estimated at
from $40.000.00O to $50. 900 900 a year.
The court, through Chief Justice White,
declared both carriers and their employees.
engaged In a business charged with
public interest. subject 70 the night ofCon-
eress TO arbitrste by compulsion dispute
1AS~hHB hnS VIZ nA4lle VI tlldl DAsAEEeAs
Whatever would be the night Of an en-
plOye engaged in private business to de-
mand such wages as he desires, 10 leave
the employment il he does not get them
and By concert Of action to agree with
others TO leave on the same conditions. 90
said the opinion, such rights are necessa-
rily subject 10 limitation when employment
is accepted in business charged with a
public interest, and as 10 which the power
10 regulate commerce by Congress applied,
and the resulting right TO fix in case Of
disagreement and dispute. standard Of
WAGES as We have seen necessarily OBJ
tanned"
In delivering the opinion. the Chief Jus
tice departed at this point from his written
text 10 emphasize the position Of men op-
Grating trains in a time Of national emer-
seDcy by comparing them TO soldiers facing
an enemy.
Coming on the heels Of the concession
Of the eisht-bOur basic day by the rail-
roads at New York to avert the threatened
strike. Mondays decision is regarded as
largely supplsnting that agreement. and,
also, removing for all time. through the
broadest Interpretation Of congressional
authority outlined by the court. the proba-
bility Of future transportation paralysis.
Joining in with the Chief Justice in sus-
tanning the law were Justices McKenna
and Holmes-his immediate seniors in
point Of Service-and Justices Brandeis
and Clarke. junior members Dissenting
for various reasons were Justices Day
Van Devantef, Pitney and McReynolds
The majority upheld the public right to
have interstate commerce uninterrupted
as basic principle paramount to interests
Of the railroads or their operatives both
declared to be in public service and sub.
Ject 10 the supreme. unrestricted power Of
Congress TO take any action necessary tC
maintain freedom and uninterruption oil
interstate commerce.
Either as law fixing wages or hours OF
labor. the court decided. Congress has au-
thority TO enact the Adamson statute.
The public interest begets public right
Of regulation to the full extent necessary
to secure and protect 1t. said the opinion.
adding that in the emergency of threat
ened destructive suspension of national
transportation. Congress acted within its
powers in providing a wage standard and
other means necessary to protect the pub
lie interests.
II also declared that the Adamson act
is neither unavoidable. confscatory. expert.
mental nor in excess OF congressional rail-
road regulatory authority. but in effect, was
compulsory arbitration. a power which il
(COngress) undoubtedly possessed" and
inevitably resulted from its authority to
protect interstate commerce in dealing
with situation like that before it,
Concuring in the main principles enun-
ciated by the majority. Justice McKenna
expressed the opinion that the law Is an
hours Of service and not wage-fixing
statute. He also suggested increase of
railroad revenue probably would be pro-
vided II wage increases resulted.
The dissenting opinions Justices Day
and McReynolds delivering individual views
and Justices Pitney and Van Devanter
joining in one nnouncement-variously
asserted that the Adamson act is void
because beyond constitutional powers Of
Congress. because il takes railroads prop
erty without due process Of law. or because
IL is not an hours OF labor statute nor
legitimate regulation Of commerce.
Justices Pitney and Van Devanter de-
MED that Congress has power TO fix wages
Of common carriers employees power
upheld by the majority. Justice Day did
not admit or deny such power, dissenting
because. he said. the law illegally takes
railroad revenues and gives them to the
trainmen by arbitrary. illegal congress
sional fat"
In upholding the statute, the majority
reversed Federal Judge Hooks decree en-
joining its enforcement. and dismissed the
railroads test suit. leaving the Federal
Government free to enforce the statute
under its stringent penalties
Dismissal Of about 500 other railroad
injunction suits, pressing Of which was sus-
pended under agreement between the gov
eminent and the roads, will follow as a
matter Of course.
The wage increase sustained dates back
20 January 1, when the Adamson act was
made effective. Railroads have been keep
ing account Of trainmen's wages due for