The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-19
But Four Out of Nine Justices
Give Dissenting Decision.
Lower Court Which InvaIidated
Law Is Reversed.
8-HOUR DAY THE main ISSUE
Congress Exercised Right to
Protect Public Rights.
Maintains Power to Fix Stand
ard Wage and Day.

Washington, March 19.-The eight
hour standard for railroad wages pro-
vided in the Adamson law was held
constitutional today by the supreme
court.
The decision was five to four, JUS
tees Day, Pitney and Vandevander
announced their decision from the
bench and later Justice McReyno ds
announced his.
In announcing the opinion the chief
Justice reviewed the negotiations lead
ing up to enactment of the law. He
did not read from a prepared opinion,
giving 1t apparently from memory. He
told of the presidents efforts to aver,
the strike last September.
He suggested arbitration. The en-
ployers accepted and the employees re-
fused" said the chief justice. He
then suggested basic eiSht-hour
standard. The employers rejected that
and the employees accepted.
Law Passed by Congress.
How the president went to congress
was then recited. Congress passed the
law that is before us, and the carriers
refused to recognize it, he continued
He said the agreement to expedite the
case was very laudable."
In the early course of the opinion,
the chief Justice said that the law was
both an eight-hOur day act and also
a wage fixing statute. He said, 1t
strips the parties of power to con-
tract as to wages. He said the elght-
hour provision was the paramount
feature.
The chief justice cited the hours
of service act as an instance OF hours
of labor legislation by congress and
said transportation was OF both prl-
yate and public interests.
THE dividing line is so marked
that the government will not destroy
the private right" said the chlet JUS
tice The proven to regulate rests
upon both the private and puphc IN
terests involved" He then said the
right of private parties to fix private
wages was an inherent right and TO
take it away would be unconstltulonal'
but added that considering what con-
gross intended to do and the failure
of the railroads and employe to reach
an agreement to say that the govern
ment authority did not have the power
80 fill the void would be to declare
that the private right had destroyed
the public right
Congress Protects Public Rights.
He said power of congress was not
mn .'emergency power and recited the
congressional power to fix rates, pro-
hibiting rebates and myriad of reg
ulations to protect the public inter
ests."
He said that power had been ex-
tended to employees, citing the 'hours
of service act" and others, and held
there was authority of congress to
act because failure of the railroads
and employees to reach an agreement
The railroads could not object to fix
ing a standard of wages, he said, be-
cause in the deadlock none was fixed.
The majority opinion as delivered
by Chief Justice White follows:
WAS there power in congress I'M
der the circumstances existing to deal
with the hours of work and wages of
railroad employees engaged in inter
state commerce, is the principal ques-
ton here to be considered.
Its solution well as that of
other questions which also arise will
DO clarified by & brief statement of
the conditions out of which the con-
troVersy arose.
Under Two Systems.
Two systems controlled in March,
1916, concerning wages of railroad en-
ployes; one an eight-hour standard of
work and wages with additional pay
for overtime governing on about 5
per cent of the railroads, the other a
stated mileage task of 100 miles to be
performed during ten hours with ex-
ira pay for any excess, in force on
about 80 per cent OF the roads.
THE organizations representing the
employees of the railroads in that
month made a formal demand upon
the employers that, as to all engaged
in the movement of trains except pas
senGer trains, the 100-mile task be
fixed for eight hours. provided that it
w~S not so done as to lower wages.
and provided that an extra allowance
for overtime calculated by the minute
at one and one-ha1f times the rate of
the regular hours service be estab-
lished.
THE demand made this standard
obligatory on the railroads but option
al on the employees. as it left the right
to the employees to retain their exist
ing system on any particular road if
they elected to so do. The terms of
the demand were as follows except
that one which reserved the option.
which is in the margin, and others
making article Cd applicable to yard
and switching and hosting service:
Terms of Union Demands.
Article la In all road service,
100 miles or less, eight hours or less
will constitute day except in passen-
ger service. Miles in excess of 100
will be paid for at the same rate per
mile.
"Ob) on runs of 100 miles or less
overtime will begin at the expiration
of eight hours
"(c) On runs of over 100 miles,
-ertime will begin when the time on
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