The herald and news. [volume] (Newberry S.C.) 1903-1937, 1917-03-23


Two systems controlled in March,
1916, concerning wages of railroad
employees; one an eight hour standard
OF work and wages with additional
pay for overtime, governing on about
Is per cent of the railroads; the other
a stated mileage task Of 100 miles to
be performed during ten hours with
extra pay for any excess, in force on
about IS per cent, of the roads,
The decision recites that the broth
erhoods in March, 1915, made formal
demand Oh the employers for wage IL
creases for all engaged in the move
ment Of trains, except passenger
trains. The terms of the demands,
except those making article l appll-
cable to yard and switching and host
ling service and one making the
! standard obligatory On the railroads,
but optional on the employes-as 1t
left the right to employees to retain
their existing system on any particu
lar road IL they elected-were out
lined in Justice Whites decision as
follows:
The Eight Hour Law.
article l (A)-In all road service
100 miles or less, eight hours or less
will constitute day except in pas
senger service Miles in excess OF
100 will be paid for at the same rate
per mile.
"(B)-On runs Of 100 miles or lesb
overtime will begin at the expiration
Of eight hours.
"(C)-On runs of over 100 miles
overtime will begin when the time on
duty exceeds the miles run divided
by II 1-2 miles per hour.
"D)-All overtime to be computed
on the minute basis and paid for al
time and one-half times the pro rata
rate.
"(E)-No one shall receive less for
eight hours on 100 miles than they
now receive for minimum day or
100 miles for the class OF engine used
or for service performed.
"F) Time will be computed con-
tinuously from time required for duty
until release from duty and response
bility at end of day or run.
! "The employers refused the de-
mand and the employees took steps to
call general strike of all railroad
employees throughout the whole coun-
try"
Chief Justice White reviewed the
conditions which led up to the en-
actment of the Adamson law; the
court action brought by railroads to
test that laws validity and then con-
tinued:
Gail the propositions relied upon
agreements advanced ultimately come
| to two questions:
First, the entire want OF constitu-
tional power by the statute, and,
secondly, such abuse OF the power II
possessed as rendered its exercise un-
constitutional: We will consider the
subjects under different propositions
separately. 1) The entire want OF
constitutional power to deal with the
subjects embraced by the statute
t The Differing Views.
Here the chief justice quoted the
J full text of the Adamson law and con-
tinued: "There must be knowledge OF
| the power exerted before determln-
inc where as exercised it was con-
stitutional and We must hence settle
dispute on that question before go
i ing further Only ar eight hour
standard for work and wages provid-
ed is the contention on the one side
and in substance only scale OF
wages was provided is the argument
on the other. Both provisions
are equally mandatory. =.
However, there is this very broad
difference between the two powers
exerted. The first, the eight hous
standard, the fixing of the wage
standard is expressly limited to
the time specified in section 2 (of the
law). 1t is expected, therefore, to be
not permanent but temporary, leav-
ing the employers and employees free
as to the subject of wages to govern
the relations by their own agreements
after the specified time.
eve put the question as to the
eight hour standard entirely out OF
view on the ground that the authority
to permanently establish 1t is so
clearly sustained as to render the
subject not disputable.'
The chief justice then discussed the
right Of congress to create by execu-
tive action standard of wages for
such reasonable time as 1t deemed
necessary to afford an opportunity for
the meeting Of the minds of employ.
ers and employees on the subject OF
wages, and continued:
Need for Action.
"If the situation which we have
described and with which the act OF
congress dealt be taken into view :.
it would seem inevitably to result
that the power to regulate neces-
sariIy obtained and was subject TO be
applied to the extent necessary 10
provide a remedy for the sltua-
"This must be unless it can be said
that the right to so regulate as 70
! ha IntprpSf