Grand Forks herald., 1917-03-19
HELD VALID IN ALL
RESPECTS; FEDERAL
JUDGE;IS REVERSED
400, 900 Men Affected-Dis-
senters Said Load Was
Too Much for Roads.

Washington, March 1s.-The Ad-
amson eight hour railroad law was
held constitutional and valid in all re-
spects today by the supreme court.
The decision makes eight hours the
standard OF days work and wages
for men in operation Of trains and le- !
galtzed the wage increases which
went into tentative egect on it's pas
sage.
The immediate temporary wage in
creases won by the railroad employees
affects 100000. trainmen. as Of Janu-
ary 1, and are estimated to total be-
tween $40.000.0OO and $50,000,000.
The courts decision was nve to
four. with Justices Day, Pitney and
Vandevanter dissenting. II
-thE Federal, Judge Hooks ruling In the
Missouri. Oklahoma and Gulf rail,
road test case. aentoining enfofcement.
Of the Adamson act and holding It
sunconstitutionsl. null end void. was'
Justice McKsnna conourred In the
majority opinion. but. on slightly DIFF
ferent grounds.
justices Pitney and vandevanter,
in their Joint dissenting opinion, held
that the law should be held unconsti.
tutional and void because congress,
although confessedly not in possession
Of information necessary for intelli-
troversy. arbitrarily imposed upon the
railroads the entire and enormous
costs Of an experimental increase in
wages"
Justice Day; in. his dissenting opin-
ion. said the legislation amounted to
deprivation Of the railroads. prop
erty without due process Of law"
separate opinion. saying that con-
gress did not have power to pass the
law, but that he now bows to the
majority's ruling.
The majority opinion. al delivered
by Chief Justice White. follows:
WAS there power in congress un-
der the circumstance existing to deal
with the hours Of work and wages OF
railroad employees engaged In inter-
state commerce? is the principal
question here to be considered.
Its solution, as well as that Of
other questions which also arise, will
be clarified by a brief statement Of
the conditions out of which the con-
troversies arose.
Two Systems.
1.-TWO systems controlled In March
1916, concerning wages Of railroad
employees: one. an eight-hour stand
al pay for overtime, governing on
about is per cent Of the railroads:
the other stated mileage take Of 100
miles to be performed during ten
hours with extra pay for any excess.
in force on about IS per cent of the
roads,"
The chief Justice cited the ''hours
hours of labor" legislation by con-
gress and said transportation Of both
private and public interest. 49,.
"The dividing line 10 so marked
that the government will not destroy
the private right" said the chief
Justice. 1.-The power to regulate rests
upon, both the private and public in
He. them. said the rights Of private
parties to fix private wages was an
inherent right and to take It away
would be unconstitutional, but added
that considering what congress In
tended to do and the failure Of the
railroads and employer to reach an
agreement to say that the govern
power ito fill the void and would be.
to declare that the private right had
destroyed the public right"
He said power of congress was, not
an .'emergency power" and recited
the congressional power to hx rates.
prohibiting rebates, and myriad, Of
regulations to protect the public in
extended Ito employees, citing the
''hours of service act" and others
and held there was authority Of COM
gress to act because of failure Of the
RAILROADS and employees TO reach an
AGREEMENT.
Tho railroads could not. object to
fixing . standard Of wages, he said,
because in the dead lock mono was
fixed. :
/, In dissenting. Justice McReynolds
held that congress didlnot have power.
to enact the law, but that the ma
jorityr decision now gives II authority
to-fix trainmen'ss ssmaximum and mini