The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-01-08
Large Array Of Attorneys for the
Railroads and Counsel for the
Government on Hand Taking
Part in Great Legal Battle.
DECISION FORTHCOMING
WITHIN A FEW WEEKS
High Tribunal Has Consented to
Expedite the Proceedings; This
Test Case Placed Ahead " AL
Others for Hearing.

iBy Evening Iisr.id LEASED wlrsi
Washington, Jan. g. Arguments
over the coastitutIonality OF the Adam
son law came up today In the supreme
court. A large array of attorneys for
the railroads aud counsel for the gov
ernment were on hand for the iast
stage of the battle over the validity OF
the act Of congress last September
when the country was threatened with
q nationwide railway strike.
First upon the courts call OF cases
today. following Its three weeks holi-
day recess. was the Missouri. Okla
homa & Gulf railroad case. chosen by
the department % Justice and the rail-
roads for the test. a was not ex-
pected that the arguments would be
concluded before tomorrow.
When the court will announce de-
cision is problematical. but Il Is ex-
pecied within few weeks a. the court
has consented To expedite the proceed
ings and placed the test case ahead of
all others upon todB"'s call The case
was appealed last November. from the
decision of Federal Judge Hook at
Kansas city. Mo- that the law was
'unconsiitutional. null and void"
Great trruy Of Talent.
rhe railroad lawyers we're headed
by Walker d. Hines. Arthur Miller
represented specially tho Missouri. Ok.
iahomn and Gulf road. John q. John
son OF Philadelphia also appeared for
the railroads. M
In charge Of the defense OF tho
Adainson act for the department OF
Justice were Solicitor General John w.
Davis Assistant Attorneys General
y. Marvin Underwood and c. Carroll
Todd. and Frank Hagerman " kansas
city. special assistant TO the attorney
general.
The railroad brotherhoods we're not
formal parties to today's test suit,
Judge Hook dismissed the Missouri.
Oklahoma q Gulf railroads bill as 10
union officers named defendants
Today's arguments. technically. were
upon appeal of United states Attorney
Francis NJ Wilson ~ Kansas City
from Judge Hooks decision in an in
junction suit brought By Alexander
New and Henry q. Ferris. receivers
for the Missouri. oklahoma 4 Gulf. to
onioin enforcement ~ the law. Actu.
nllv. however the case will determine
Implication OF the law 20 all railroads.
NJ Litigation Suspended.
By stimulation. signed by railroad
aud department Of Justice counsel. all
other litigation over the Adamson act
has bcen suspended pending the su-
preme courts decision. The railroads
agree meanwhile To- keep special ac-
count of wages due employees under
the new law. to insure payment II the
act is sustained as constitutional nr
Igiven partial application.
The prlncipai provision OF the Al
amEon act. which became effective
January I and whose operation was
suspended hv the present l,gal pru-
oeedings. declares Eight hours shalt
| In contracts for labor and service hr
deemed q day, work Zee the purporr
~ reckoning Compensation for services
iof an emplo, es employed los ans
common carried hy ... railroads ac-
tually engaged IN any capacity In tn"
operation Of trains"
Tho iaw was passed by the house
sept. T. hy tho souAtc on sept : aud
signed d., President Wilson twice,
sept 90 sunday and .. The gen-
Ierai strike ~ railroad brotherhood
lpreviouss ordered for Labor Day. seq.
tember was called OF.
Contention of Railroads.
That thc law Is not IN reflity an y
Nuui NNN STATUTE Nut Naht tnNAfhfN
act ~ contondcd hy the railroads. IN
the present case u n also contend"d
that the law is unworkaOle incapa hi"
lof applications Is not "A regulation oi
commerce within the authority ~
CONGRESS. but q temporary experiment
land "unrcasonahly and arhitrarilN
liuicrferes with Constitutional libcrtg
lof contract. as wel as dcpriVing the
lraiiruads - property In violation a.
the "duc process II law clause of the
tConstitution
white the Missouri oklahoma a
lCulf has but few employees subicr
TO the pci. being "a small line and n
hands ~ receivers. counsel ADMITTED
Ithut the fe.t case Is not Apical OF
mnny other lars. trunk lines. haNin'
thousands df employees under cuntrn' ?
Utmus freedom 20 present evidence re-
rarding operation % the law upnn al
railroads. utdcr all conditions. wa
agrred upou in the present case, ~
that the Supreme court should haN'
complete data affecting all railroads