The sun., 1917-03-20
Decision FOreshadOws New
Era in Regulating Pub
lie Utilities.
VIOLATION OF RIGHTS.
SAY FOUR IN DISSENT
"No Emergency and No Con-
sequence Could Justify
It," They Affirm.

wAsHISoroN, March 1s.-Constituton-
allty Of the Adamscn eight hour law was
upheld by the United States Supreme
Court to-day by n vote Of to L. A Sc
we're blow at the power of the railroad
brotherhoods, IN whose interest the law
was passed. was struck at the came time
by the nations highest tribunal.
Chief Justice White and Associate JUS
tees McKenna, Holmes, Brandeis and
Clarke held the law valid. Associate
Justices Van Devanter, Pitney, Day and
M,R,ynolds held that in enacting the
measure Congress had exceeded its pow
ers.
The immediate effect Of the decision
will be to fix permanent eight hour
basic day in computing wage scales on
Interstate railroads. for which a nation
wide strike twice has been. threatened.
and 90 give effective from January l
this year. increases in wages to some
100000 tranmen Of about 25 per cent.
at cost 10 the railroads estimated at
from $40. 400 900 to $50, 900. 900 a year.
The opinion of the court was delivered
by Chief Justice White. Justice Nc
Kenna delivering an individual opinion
eoncurring in the decision. Dissenting
opinions We're given by Justices Day and
P!tney, Justice McReynolds also dis
sented, but said he bowed TO the will OF
the majority.
Effect Of the courts decision is to af-
Arm tine power OF Congress TO fix a leg
lslat!ye standard of wages to protect the
public right and safeguard the move
ment of interstate commerce. But by
the same principle. the court declared,
the rights OF employees engaged In
business charged with a public interest
are subject likewise to limitation.
II Is held to he within the province Of
Congress not only to compel the railroads
to conform to certain standard Of
wages and hours Of employment. but to
compel railroad men who enter such EN-.
pioyment to submit to compulsory arhi'
tration or whatever other measures may
be provided by law, to keep the channels
OF commerce open. No principle has
been fought by the labor unions more
vigorously than this.
Dissentera Give Their Views.
In vigorous dissenting opinion JUS
lice Day took issue with both conclu-
s.ons OF the majority. He declared thar
Congress acted without warrant OF au-
thority in passing the eight hour law
without sufficient information and knowi-
edge OF what its effect would be. ava
added: IF am right in the conclusion
that this legislation amounted 20 dep
rvation OF property without due process
of law no emergency and no consequence.
whatever their character, could JUSTIFY
the violation of constitutional rights.
The same point of view Is taken BY
Justice Pitney in an opinion in which
Justice Van Devanter Joined. II am con-
vinccd," said Justice Pitney. that the
&C; transgresses against the provisions
Of the Fifth Amendment In two respects
First, in that Il exceeds the bounds CT
proper regulation and deprives tho own
ers OF the railroads Of their fundamental
rights OF liberty and property; and. Sec
ond. In that Congress, although con-
fessedly not In possession Of the IN
formation necessary for intelligent and
just treatment Of the pending contro
yersy between the carriers and the train
men arbitrarily imposed upon the car
r!ers the entire and enormous cost OF an
experimental increase in wages. without
providing for any compensation TO ne
paid In case the investigation should
demonstrate the impropriety Of the in
crease"
Federal Regulatory Powers.
In the opinion of the court the Chief
Justice specifically states that the power
TO regulate extends to the point OF Great
ing standard of wages and that the
limitation therein involved rests upon
the employee as we'll as upon the car
rier
"It is obvious" said Chief Justice
White, that what We have previously
said Is applicable and decisive. since
whatever would be the right Of an EN-
ployee engaged In a private business to
demand such wages as he desires. to
leave the employment II he does not get
them and by concert Of action agree
with others to leave upon the same con
diuon, such rights are necessarily sub
ject 20 limitation when employment Is
accepted In business charged with pub
lie interest and as to which the power
10 regulate commerce possessed by Con-
sFess applied and the resulting right to
Tx, IN case OF disagreement and dispute,
standard Of wages as we have seen
necessarily obtained"
Ever since the Supreme Court In the
Roosevelt Administration upheld the
power or Congress to regulate rates
me railroads have maintained that their
employees also had the status Of quasi
puDl' servants and as such did not have
'he rlght 10 quit their employment by
concerted action whenever they saw ut.
Phey have contended that II the owners
rl the roads we're to- be subjected TO re-
sWalut under the law their employees
must p" prepared likewise to have their
''Shl IT action curtailed In view OF the
aa'ure Of the service they were perform
.ug
But the railroad brotherhoods when