Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1917-01-09
Solicitor General Davis De
clares Congress Has Pow
er to Fix Hours.
RAILROAD LAWYERS
WILL ARGUE TODAY
.,uSiicp,, OF Supreme court show Keen
Interest in Question. Justice Whites
Attitude Indicating lie noubts
Validity OF Act.

washington, Jan S.-1ho test case
to determine the constitutionality of
the Adamson law, enacted last Sep
TENDER. when a general railroad
strike threatened, came mp today in
the United States supreme court.
Arguments will continue until We'd
ncsday. and decision is expected
within a few weeks. Meantime, al
though the law was passed to become
effective January last, all litigation
under it. and the changes if pre-
selibes, are suspended by agreement.
The question Of whether congress
has the power to regulate hours OF
service and wages, furnished the key
note of the argument today in which
the justices manifested keen interest
interrupting with many questions.
Opening the argument in defense OF
the law, for the department OF justice,
Solicitor-General Davis declared the
law regulates both hours of service
and wages, and contendcd that con-
arcss has authority to regulate both.
lie asked the annullment of the in
junction granted by Federal Judge
Hooks at Kansas City IN the Mis-
souri,, Oklahoma e. Gulf case, wherein
Judge Hooks held that the law is
void.
Although three hours is the usual
time allotted for argument OF case,
the court today granted an extension
to eight hours, equally divided be
tween the federal government and the
railroad attorneys. Tomorrow Walker
Walker ID. Hines, chairman of the gen
craI committee of railroad executives,
and John Johnson OF Philadelphia.
will speak for the carriers, and on
Wednesday the closing argument for
the government will be made by
Frank Hagerman, special assistant 10
the attorney general
The railroad hrotherhoods are not
participating, thru counsel, but sew
eraI labor leaders were spectators to-
day. Attorney General Gregory and
other government attorneys were in
attendance, and many members or
congress also were in the crowded
courtroom.
Davis Argues Congressional Power.
Solicitor General Davis. in a two
hour argument today, told the court
il reached the heights of imagina-
ton" to say the primary object OF
congress in passing the law was not
to limit hours of toll. He asserted
that Elisha Lee, railroad spokesman,
often had admitted that fact as well
as that the law is workable, but this
is now denied by the railroads. When
Mr. Davis, insisting that congress had
the right to regulate the hours or
labor of railroad employees, referred
to the federal employers liability act,
upheld as valid, Justice Day asked:
"Do you claim the same power in
fixing wages as in fixing rates?
eve do" Mr.. Davis replied.
'I can't follow that argument" in
terjected Chief Justice White. 's'The
subject is regulating hours of service.
The government has regulated com
merce for ages, so to speak. 1t was
held in the case of the employers La
tility act, that the reason was valid.
That was no decision that the gov
eminent has the power to regulate
wages
"That is what we contended," re-
joined Mr.. Davis.
HAT lHc logic ! CdIlHOL lolloW,
repeated the chief justice.
White Seems Dubious.
Solicitor General Davis argued then
that if regulation Of the relations be-
tween master and servant, of rail-
roads and employers, is legal, so al
so can congress regulate wages.
"Your proposition goes further than
that" the chief justice interposed, Cit
ing as an example rates on groceries.
"Do you contend that the wages of all
persons making these goods are sub
iect to regulation"
"No. we don't go that far" said
Mr.. Davis, and pointed out that
congress has DE power to redud e the
railroad rates % prevent eXtortion.
HAS congrd S the lower to pre-
scribe what the railroads shall pay
for their thin.s, their locomotives,
etc?" asked Justice McReynolds.
81 am not SO sure that congress
hasn't that power" Mr.. Dabis re-
/ piled. CALL authority is dependent
upon it's reasonably, not its arbitrary,
USE"
Justice Day remarked that congress
power is limited by constitutional
prohibition against confisdation.
Congress power to regulate issues
of railroad stocks and bonds, and to
say wrat the railroads shall pay for
credit, is being advanced in and out Of