Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-01-09
HEARING BEGINS ON
8-HOUR LAW TEST
IN SUPREME COURT
AS Hours of Service Act and
Wage Law Department OF
Justice Claims Bill Is ConSti-
tutionaI
rRr Associated Press }

CBy Associated Pressl
WASHINGTON, Jan s--The climax
in the legal contest over constitutional
ftv of the Adamson law was reached to-
day in the supreme court
Arguments were begun in the Mis-
souri,. Oklahoma and Gulf railroads test
case in which the department OF justice
is appealing from Federal Judge Hook 5
decision at Kansas City. Mo, that the
law. passed last September when ma
tion-wide strike seemed imminent, Is
unconstitutional, null and void"
Conclusion of the arguments late to-
morrow is expected. They are the first
on the merits of the Adamson law in
any court. Judge Hook having hurried
" decided the case without formal hear
inss in order TO expedite the appeal for
the supreme courts final determination
4 decision is expected within few
weeks.
BRIEF vOLUNIINOUS.
vo1ur,inous briefs were filed today
bv the federal and railroad counsel be-
fore the beginning Of the. arguments
which proceeded after announcement by
the court Of numerous opinions and or
ders upon reconvening after its holiday
recess.
Numerous presidents. including su-
prene court decisions. were cited in the
department OF justice brief in support
OF the laws validity. The railroads
bries cOntended that the law is unwork-
able. experimental. incapable of appli-
cation, interferes with liberty of con-
tract. does not fall within congress au-
thority to regulate interstate commerce,
takes railroad property without due
process" OF law
The arguments were begun by coun-
sci for the department of justice, which
has sole charge of the defense, the rail-
road brotherhoods not appearing OH
ciaIly.
Eight hours for The hearing was desir-
ed bv the railroads counsel. but less
was deemed necessary for the federal
attorneys The usual time given the
court for q case is three hours
WHAT BOTH SIDES SET OUT.
AnnuIlment Of Circuit Judge HooKe' $
decision holding the Adamson law I'M
constitutional and dismissal of the rail-
roads suit was asked in the brief or
the department OF justice
As an hours of service" act and also
a. a wage law, the federal brief con-
. -ended the law is constitutional, within
the power of congress to enact. and
workable theoretically, the brief argued
that compulsory arbitration legislation.
such As is under consideration, also Is
constitutional in behalf of public in
terests to prevent tieups of transporta-
ton facilities
Practicability of obeying the law, the
brief asserted, has been admitted again
and again by railroad officials, particu-
IarIy in hearings before congressional
committees last August and in confer
ence with President Wilson
"Au assumed that the mere change
from the established and well understood
ten-hour~ standard day to the proposed
eight-hour standard was all that was
necessary or intended the brief states.
citing that IS per cent of employees af-
fected are now employed on a ten-hour
basis.
Admitting that rigid eight-hour day
for train operation is not completely
practicable. the federal attorneys said
the Adamson law should be enforced, at
least. so far as il is possible.
Two co-ordinant branches of the gov
eminent have evidenced the opin-
ion that the law is constitutional -
the brief continued. Certainly this court
VII uuA SAEAhG uoHA the law upon mere
lrophesies OF its effect
Alleged infringement Of the liberty of
contract. IL was contended, does not af-
feet the acts validity nor the asser-
ton thai congress enacted this law from
improper motives and upon insufic' ent
information"
Arguing for the supreme power over
interstate commerce the brief said:
In the Adamson law the idea Of the
board OF arbitration has been adopted
by direct action rather than through a
board. Wage regulation has vital con
nection with interstate commerce. Con-
gress' power is ample enough TO author
ize direct control over the wage rela-
ton OF persons engaged in Interstate
commerce. There certainly falls within
that power the right TO take all steps
necessary 20 put down a strike or pre-
vent an impending one"
A separate brief was fled by Frank
Hagerman. of Kansas City. Mo. special
assistant to the attorney general In adj
dition To defending the law as within the
power OF congress. Mr. Hagerman con-
tended the railroads have previously al
mftted but now deny the law is capable
of operation
Judge Hook, he said. sustained its
practicabiIity by ordering the railroads
Il. keep special account of wages due
employees under the new law TO insure
their prompt payment II it is sustained
by the supreme court