Evening star., 1917-03-19


judicial functions upon which the Con-
,etitution is maintained"
In providing for the temporary wage
increase, he said. Congress applied the
Sight-hour standard as permant RUE
an already enforced In many OF the
states. and as I have said. sanctioned
by this court"
Majority Opinion.
The majority opinion as delivered by
Chief Justice White. in part. as foliows:
WAS there power in Congress uhoei
the circumstances existing to zeal WIN
/ the hours of work and wages OF rail-
road employees engaged In Interstate
commerce? is the principal question
here to be considered.
questions which also arise. VIII De
I clarified by a brief statement OF the
conditions out of which the contro-
! 'versy arose.
1915. concerning wages of railroad en-
, ployes; one, an eight-hour standard OF
: work and wages with addttional pay
for overtime. governing on ABOUT 10
per cent of the railroads: the other
rtated mileage task of 100 miles TO De
performed during ten hours. with ex-
s.a pay for any excess, In force on
9lbout SIS per cent of the roads
THE organizations representing the
employees of the railroads in that month
made a formal demand on the employ
&rs that. as to all engaged In the move-
ment of trains except passenger trains,
&. Dhe 100-mile task be fixed for eight
hours. provided that it was not so done
as to lower wages. and provided that
! an extra allowance for overtime. cal
culated by the minute. at one and one
| half time the rate of the regular hours
service be established.
Terms of the Demand.
"The demand made this standard OBJ
Hgatory on the railroads, but optional
on the employees. as it left the right
to the employees to retain their existing
system on any particular road If they
elected to do so. The terms of the de-
mand were as follows. except the one
/ which reserved the option which is in
: the margin, and others making article 1
applicable to yard and switching and
hostlfng service.
Article (a)-In all road service
100 miles or less eight hours or less
will constitute a 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 over
time will begin when the time on duty
exceeds the miles run divided by
twelve and one-half 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 for
eight hours or 100 miles than they now
receive for minimum day or 100
miles for the class of engine used or
. Tor service performed,
"(F) Time will be computed continuous
ly from time required for duty until re-
lease from duty and responsibility at end
Of day or run.
"The employers refused the demand and
the employees through their organizations
by concert of action took the steps to
call general strike Of all railroad en-
ployes throughout the whole country.
President Takes Hand.
'The President of the United States in
vited conference between the PARTIES.
agreed to 1t and the employees rejected
1t The President then suggested the
eight-hour standard of work and wages
The employers rejected this and the
employees accepted 1t. Before the dis
agreement was resolved the represent
atives Of the employees abruptly called
general strike throughout the whole
country hxed for an early day. The
PRESIDENT, stating his efforts to relieve
the situation and pointing out that no
resources at law were at his disposal
for compulsory arbitration. to sase the
commercial disaster, the property in
Jury and the personal suffering Of all,
not to say starvation. which would be
of people II the strike was not prevent
ed, asked Congress: First, that the
eight-hour standard Of work and wages
be hxed by law. and second, that an Of
AAf- AI =
. reasonable time the operation of the
legislation and that an explicit assur-i
ance be given that II the resalt Of such
observation established such an in
creased cost to the employers as justi-
ned an increased rate. the power would
be given to the interstate commerce
commission to authorize 1t. Congress
responded by enacting the statute
whose validity as we have said we are
called upon to consider.
THE duty to do so ay!Ss9 from the
fact that the employees, unwilling to ac-
cept the act and challenging the consti-
tutional power of Congress to enact it.
began this typical suit against the
officers of certain labor unions and the
United States district attorney, to en-
Join the enforcement of the statute.
''The law was made to take effect only
on the first of January. 1917. To ex-
pedite the final decision before that
date. the representatives of the labor
unions were dropped out. agreements
essential to hasten 1t were made and
1T was stipulsteA that pending the
h4al dispositien ~ the cause the car
rfers would kerr Secounts of the wages
which would 7~SS been earned if the
statute was en,orced so as to enable
their payment II the law was finally up
held
"stating its desire to cooperate with
the parties in their purpose to expedite
the cause. the court below. briefly an
nouncing that It was of opinoin that
Congress had no constitutional power
to enact the statute, enjoined its en-
forcement, and as the result of the
direct appeal which followed we come.
. after elaborate oral and printed argu-
ments, to dispose of the controversy
Two Main Questions.
'An the propositions relied upon and
arguments advanced ultimately come
to two questions:
First, the entire want of constitu-
tional power to deal with the subjects
embraced by the statute, and, second,
such abuse of the power, if possessed.
aS rendered its exercise unconstitution-
al. We will consider these subjects
under distinct propositions separately.
D-The entire want of constitu-
tional power to deal with the subjects
embraced by the statute.
TO dispose of the contentious under
this heading calls at once for a con-
.Sideration of the statute and we re-
produced it's title and text so far as is
material"
Chief Justice White then recited the