The commonwealth. (Scotland Neck, N.C.) 1896-1929, 1917-03-23
Adamson 8-Eiour Law

judgement but an experiment whose
success would be determined by future
investigation, and as depriving the
railroads of it's liberty to make con-
tracts and it's property without ':ue
process Of law. They held it to be a
wage measure, which Congress had
no right to enact under the Constitu-
ton.
THE government contracted the law
was not a wage law but an hour Of
service act; and that, even if it was
a wage measure Congress had the right
to pass it under the commerce clause
of the Constitution.
The case had it's inception when
Congress passed a law late last August
when railroad brotherhoods threatened
to tie up the nation 8 railroads, de-
claring eight hours to be standard
days work and providing that pro
rata overtime should be paid for work
done after the first eight hours. This
section formed the real basis Of at
tack for the railroads.
On March 20, 1916, the four brother
hoods-the Brotherhood of Locomo-
tive Engineers, the Order of Railway
Conductors, the Brotherhood Of LOGON
olive Firemen and the Brotherhood of
Railroad Trainmen, demanded Of the
railroads Of the country an eight hour
day with time and a half overtime,
overtime to be computed on the min
ute basis and regular time to begin,
when a railroad man was required to
report for duty. This was to replace
the old mileage basis, by which the
men were paid for trip, 100 miles
constituting a day S run, usually Of
ten hours.
Railroads refused this and other
concessions, and in return asked ar
bitration by the federal board Of med
itation or the Interstate Commerce
Commission This the Brotherhoods
refused flatly. The Brntherhoods held
out for eight-hour day and the time
and-a half overtime; the railroads cen
meant material increases in pay and
should be arbitrated.
Little attention was paid to the dis
pute until, late in the Spring, it became
apparent neither side would yield with
out struggle. Both sides claimed the
other was bluffing. When neither
side would concede anything, and the
negotiations at New York seemed
about to end the strike, President
Wilson asked leaders for the brother
hoods and railroads to go to Wash
ington for conference They did,
first big delegation Of the brother
hoods and the conference committee
of the managers representing the roads |
Then, when the President was unable |
railroad executives, representing every !!
railroad and billions Of dollars Of cap
ittal. The brotherhoods were repre- |
sented only by their presidents Again
his efforts failed. One night the ex-
ecutives announced they would not
yield. Later they showed printed
copies Of strike order, effective at /
a. M. Labo Day, September A. Broth
erhood leaders admitted the strike had
been called for that day by 90 per
cent Of the railroad men,
Faced by possibility of paralysis of
commerce, President Wilson prepared
message to Congress, asking immediate
passage Of an eight hour law.
.Adamson introduced his bill in the
House on August 81. The House pass
ed it next day. The Senate passed
it September 2. The President ap-
proved it September 3.
The strike was called off, The bill
provided a commission to investigate
the working Of the law, which was
effective January l, 1917, within six
or nine months, and report 80 days
after that to the President and Con-
gress. The country settled back. Then
came rumors the railroads would fight
the law, and on November 20 Alexand-
er New and Henry G. Ferris, receivers
for the Missouri Oklahoma and Gulf
railroad, filed complaint in the Fed
eral court at Kansas City, attacking
Constitutionality Of thelaw.
Judge William G. Hook, of Kansas
City, considered the case November
22d and decreed the act Hunc 3nstitu-
tional, null and void,' and the "iudge
ment Of the court is, the law cannot
be sustained.' That brought it be-
fore the Supreme Court on appeal.
Railroad attorneys argued the law
is wage measure and is invalid Gov
erment attorney held it to be an
hours-of service law primarily, but