Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1917-03-20

ried out.
Being of the, opinion that congress
had the power to adopt the act in
question, whether it be viewed as a di-
rect fixing of wages to meet the alb
sence of a standard on that subject
resulting from the dispute between the
parties or as the exertion by congress
of the power which it undoubtedly pos
sessed to provide by appropriate rec
ommendation for compulsory arbitra-
tion-a power which inevitably result
ed from its authority to protect inter
state commerce in dealing with stu
alton like that which was before it
we conclude that the court below erred
in holding the statute was not within
the power Of congress to enact and in
restraining it's enforcement and its
decree therefore must be, and it is re-
versed and the cause remanded with
directions TO dismiss the bill
Holding the act as arbitrary and
unreasonable taking of property from
the railroads without due process Of
law, experimental and admittedly en-
acted without due deliberation, JUS
tice Day dissented although, he said
he WAS not prepared to say congress
is without power to regulate railroad
wages. He expressly said, however, he
did not believe congress has power to
enforce compulsory arbitration and as
! serted that. the emergency last Sep
TENDER did not warrant any excessive
exercises of constitutional powers of
congress.
Stating that the law provides tenn
porary pay for eight hours service
! formerly required for ten hours. JUS
tice Day said:
In other words. congress expresses
it's inability to fix in advance of in
VestigatiOn q just and proper wage. II
inevitably follows that the cost Of the
experiment, many millions of dollars
must not be paid by the public, but by
| the Legislative edict IS made to fall en-
/ tlrely upon one of the parties.
Inherently such legislation re-
quires that investigation and delibera-
ton shall preceGe action. Neverthe-
less, congress has in this act itself de-
clared the lack of sufficient Informal
ton and knowledge to warrant the ac
ton taken and had directed an expert
ment to determine what it should do.
Such legislation, it seems to me,
amounts to the taking of the prop
erty Of one and Swing it to another in
violation of the spirit of fair play and
the due process clause.
No emergency. whatever the enar-
acter, could Justify the violation OF
constitutional rights
Justice McRcynOlds' dissenting Opin-
ion said: ~
Whatever else this act may do il
certainly commands that during g
minimum period of seven months in
ployes engaged in operating trains fol
eight hours work. a wage not less thaI
the one then established for standard
i nave not heretofore supposed tina
such action was a regulation of com
merce within the fair intendment OF
those words as used in the constitu-
ton; and the argument advanced il
support of the contrary view is un-
satisfactory to my mind. l cannot
therefore. concur in the conclusion
that it was within the power of con
gress to enact the statute"
In his separate opinion, concurrins
i with the minority of the court, Jus
tice McKenna discussed the meaning
of the law and said that if the rail
roads are not allowed to increase reve.
nues 10 meet its extra financial burden
the law might meet constitutional Oh
iections.
prescribing the hours of labor i,
not prescribing the wages of labor,
said Justice McKenna agreeing tina
congress had the necessary mower +,
PASS the act
Shorter hours may or NAV nor in.
volve Increase of expense and may no
require recempense bv an increase O
their rates"
National enforcement and oneratio,
of the Adamson Law enacted h,
congress last Sentember when ma
ton wide railroad strike roa+e, No
PARALYSIS Of Recommendation was sns
pended awaiting the suureme coIIrt'
decision upon its constitntionaIitv Ma
tional effect il vas arraod ractad nm
on dismissal of he sinole taet caee q
the Missouri OI5la h9na and chi
railroad chosen bI, The railroade 81,
department of instice 70 do+orr,, IN, :
FOR tha 1rbo,e oo,,,,tI,, ~ 49,, ,iiii'e
t,,t ii ~ Souii'i y .ie ISSUES
vo 70 interasfs ,,roi l[Sri pIp a a,u Pr
ciudirg tbosa ~ ,r,o, - - "a
oo-araa,ti,,sr 95e oo0 -, toai an o1u
erfy interasts of e. ooa n0o ooa it tod pt1p
with tbose of xGo no ro oiTr 81 az,
Moves ooe-fiftb ~ H. $50 AZ
involved u,,as f,,t,,ro Iir,it - -;
reo1Ilation ana nj. or,ora.;p -
common ca,.riore ,,,itt, ,ot,,,Sa,idt, y
ragnIatorv Ioaisia+i" ~ - ' Cnrsmr res
; deeisio,, ,,rrl,nId;,' w ms -
+io,.1 ~ .,lioi ~ a. coilstitCl
entaiiad Go Vi INC 1Au|'iiisoii az
.parnoana,+ o,.o,,1i.t,u,,,. -
5ay of 8 bo,,rs &c ,,nae,1 - W.
das Vi Q iiouLs as measure or stan
of tro i, e@1eultilns wages ana serVlc
: sgTernnorsr,, h,,t - ;,,,ia. ,,
of ~ ~ ~. i.ii IN euiale ny ec-s
nor lose tbdn 60, ~ 800, uu I'M III
eleven nonths bo9iu,i no i LII. .ria
+ -. -. - o e diiiiiiiS 'ehue'i