Pine Bluff daily graphic., 1917-03-20
maintained. Argued Congress Exceeded Power.
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maintained.
 Argued Congress Exceeded Power.
 The railroads contended, generally, that the act is void because grossly in excess of congress- commerce regulation authorityA They asserted also that it is indefinite uncertain, unavoidable, incapable of application without judicial interpretation, fixes no standard for computing the amount of wages, is a nero tempo rary eNpedient and experiment, inter feres with constitutional liberty rf contract and takes railroad property without due processspt law" Also they insisted t is class legislation, benefiting only 15 per cent-and those the highest paid-of railroad employees, and prescribes excessive gress, in regulating, commerce, has the right to fix employees ages; con- tended that the law is solely and pri- marily" wage fixing law and does not limit employment to eight hours daily. Especially the railroads at tackled Section 3 of the bill, providing for the immediate temporary in- crease, as taking of property with out due process of law.
 Power of congress to fix wages was the basic principle contested. The department of justice maintain ed that for public interest in unob- structed transportation, in efficient, safe train operation by conserving energy of operatives ard having them paid fair wages. Congress has au- thority to fix hours of labor and wage standards.
 To the charge that the temporary l increase taxes railroad property witn- out due process" the federal au | thorities contended con5i ess has such 1 power in preventing stoppage of com- merce, by a strike or otherwise. Dis l turbance of existing wage contracts and negotiation of new ones, it was insisted, should not render the law void, congress- authority being su- | preme.
 That the law is workable and con- ceded by the railroads so to be was asserted. By substituting an eight 1 hour day standard for the present general freight service standard of lone hundred miles or less, ten hours or less" was a days work, the fed eral attorneys said the law could be made operative, either by speeding up l trains to cover the 100 miles in eight hours or by paying overtime Form l. las to put this 12 1-2 miles per hour "speed basis" into effect were sub mitted to the court for possible adop- tion in eonstruing and giving effect to the law.
 1 Discrimination in favor of train operatives only and the best paid of these was said not to be arbitrary and penalties not unreasonable.
 Wage regulation, the railroads con tended, was beyond congress- auth ority and not analogus to it's rats fregulating power. Actual increase ir rates must result from wage in creases, the railroads declared. Elk. tension of congressional authority tC wages, they charged, would impair rights of private operation and also interfere with freedom of contract.
 In the litigation, the federal gov
 ernment was represented by Solicitor
 General John w. Davis, Assistant At
 torney General G. Carroll Todd an,
 E. Marvin Underwood and Franl
 Hagerman of Kansas City, Mo-, 1;
 special assistant The railroads rep
 resentatives were Walker D. Hines chairman of their general committee
 of counsel: John G. Johnson of Phila
 de1phia, and Arthur Miller of Kansa:
 City, attorney for the Missouri, Ok
 lahoma & Gulf receivers.
 Mrs. George Rife is taking cours at Ohio State university to keep III l nil, he ifatn nf ha., IahO |