Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1916-1918, 1917-03-20
SEVERAL OPINIONS READ.

Justices Pitney and Van Devanter,
in their joint dissenting opinion, held
that the law should be held unconsti-
tutional and void because congress,
although cohfessedly not in possession
of information necessary for intelli-
gent and just treatment of the contro-
versy arbitrarily imposed upon the
railroads the entire and enormous cost
of an experimental Increase in wages"
Justice ,McKenna concurred in the
majority opinion. but on slight differ
ent grounds. Justice Day read his own
dissenting opinion and Justice Pitney
delivered another dissenting opinion
in which Justice Van Devanter Joined.
Justice Day In his dissenting
opinion said the legislation amounted
Il tiu,r crr the. ilratsas a1srJs,.
Ierty without process Of law"
IN dissenting Justice McReynolds
held that congress did not have power
to enact the law but that the majority
decision now gives its authority to fix
trainmen's maximum and minimum
wages and to require compulsory ar.
bitration of labor disputes which may
seriously jeopardize movement of traf.
fic and to take measures effectively to
protect the free flow of commerce
against any combination whether Of
operative, owners or strangers.
In concurring in the majority opin-
ion, Justice McKenna differed in that
he believed the law IAN hours Of SER
vice" statute and only secondarily a
wage-fixing law. and thus within the
power of congress.
The majority opinion as delivered
by Chief Justice White says:
WAS there power in congress under
the circumstances existing to deal
with the hours of work and wages Of
raiload employees engaged in Interstate
commerce, Is the principal question
here to be considered.
"lts solution as we'll as that of other
questions which also arise will be
clarified by brief statement OF the
conditions out of which the contro
versey arose.
1.-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 airy excess, in force on
about S5 per cent of the roads.
"The organizations representing the
employees of the railroads in that
month made 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
was not done as to lower wages, and
provided that an extra allowance for
overtime calculated by the minute at
one and one-half time the rate for
regular hours service be established
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 II
they elected to do so. The terms Of
the demand We're as follows. except
the one which reserved the option
which is I'm the margin. and others.
making articles l applicable to yard
and switching and hosteling service:
article / (A) 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
"(B) On runs of 100 miles or less
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
12k miles per hour
"(D) All overtime to be computed
on the minute basis and paid for at
time and one half times the pro-rata
rate.
"(E) No one shall receive less
than eight hours or 100 miles than
they now receive for a minimum day
or 100 miles for the class of engine
used or for service performed