The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-01-08
ADAMSDN ACT
ARGUED BEFORE
SUPREME COURT
Solicitor General John w.
Davis Represented the
Government.
EXPECT DECISION SOON
Supreme Court Has Placed
Case at Head of the
EXPECT DECISION soon

yyASHINTON, Jan. S-The eli.
max In the legal contest over the con-
stitutionality of the AdamsOn law
was reached today in the Supreme
Court. Arguments were begun in the
Missouri, Oklahoma and Gulf railroad
test case which the department of
Justice Is appealing from the decision
Of Federal Judge Hook, OF Kansas
City. Mo-, that the law passed last
December when u nationwide rail-
road strike seemed imminent Is "un-
constitutional, null and void"
Noluminous briefs were filed today
by the Federal and railroad counsel
before the beginning of the argument
which proceeded after announcement
by the court of numerous opinions
and orders on reconyening after q
holiday recess.
Numerous presidents, including
supreme Court decisions. were cited
in the department OF justice briefs in
support of the laws validity.
The railroad brief commended that
the law is unavoidable experimental,
incapable of application. interferes
with the liberty of contract, does not
fall within Congress authority to
regulate interstate commerce and
takes railroad property without due
process of law.
The arguments were begun by
counsel for the department of justice
which has sole charge of the defense,
the railroad brotherhoods not ap-
pearing officially. Eight hours for
the hearing was desired by the rail-
road counsel, but less was deemed
necessary by federal attorneys.
Tho toI svf,, A.,
Tor a case is three hours.
When the court will announce a
decision is problematical, but II is ex-
) rected within few weeks. as the
court has consented to expedite the
proceedings and placed the test case
ahead of all others upon today's call.
Inc case was appealed tast Novem-
bers from the decision of Federal
Judge Hook, of Kansas City, Mo-,
that the law was unconstitutional,
null and void"
The railroad lawyers were headed
lt by Walker d. Hines. Arthur Miller
represented specially the Missouri,
Oklahoma and Gulf road. John G..
Johnson, of Philadelphia also appear
ed for the railroads.
In charge of the defense of the
Anamson act for the Department of
Justice were Solicitor General John
w. Davis, Assistant Attorneys Cen
eral p. Marvin Underwood and G..
Carroll Todd, and Frank Hagerman,
OF Kansas City, special assistant to
the Attorney General.
The railroad brotherhoods ere not
formal parties to today's test suit;
Judge Hook dismissed the Missouri,
Oklahoma and Gulf railroads bill as
TO union officers named defendants.
Today's arguments, technically,
were upon appeal OF United States
Attorney rrancis NJ. Wilson, of Kan
sas City, from Judge Hooks decision
IN an Injunction suit brought by Alex
ander New and Henry c. Ferris, re-
ceiyers for the Missouri, Oklahoma 6.
Gulf, to enjoin enforcement OF the
law. Actually, however, the case will
determine application of the law to
al other railroads.
BY stipulation, signed by railroad
and Department of Justice counsel,
all other litigation over the Adamson
act has been suspended pending the
Supreme Courts decision. The rail-
roads agree meanwhile to keep spe-
cial account OF wages due employees
under the new law, to insure payment
il the act is sustained as constitutions
Al or given partial application.
The principal provision of the
Adamson act which became effective
january and whose operation was
suspended by the present legal pro-
ceedings, declares eight hours shall,
in contracts for labor and service, be
deemed days work for the purpose
OF reckoning compensation for SER
asf ~ nc ali F,.a ~
ployed by any common carried by
railroads actually engaged
IN any capacity in the operation of
frains.1
The law was passed by the House
Sept. 1. by the Senate on Sept. 2 and
signed by President Wilson twice,
Sept "a Sunday and s. The gem
eral strike Of railroad brotherhoods
previously ordered for Labor Day,
Sept. 4, was called off.
That the law Is not in reality an
S-hour day statute, btu wage In
crease act, is contended by the rail-
roads In the present case 1t Is also
commended that the law is unworka-
Bile. incapable Of application; Is not a
regulation OF commerce within the
authority Of congress, but tempo
larry experiment, and "unrdeasonably
and arbitrarily" interferes with con-
s. .onal liberty of contract, as well
IS deprtying the railroads Of property
IN violation OF the "due process OF
law clause Of the constitution.
While the Missouri, Oklahoma &
Cult has but few employees subject to
the act, being q small line and in the
hands Q receivers, counsel admitted
that the test case Is not typical OF
many other large trunk lines, having
thousands OF employees under con.
tract. Utmost freedom to present
evidence regarding operation OF the
law upo nall railroads, under all con-
dltions, was agreed upon In tho pres.
emit case, 50 that the Supreme Gourt
should have complete data affecting
FL railroads.