The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1917-03-06
DECISION DAY IS
PASSED BY Court
Supreme Tribunal Defers Action
On Many Cases Because
of Inauguration
---
Adamson Eight-Hour Bill Likely
To Be Decided Among
Others This Morning
More Than Two Score verdiCts
Will Be Handed Down BY
Justices Today
ASSOCIATED Press By Federal wirslsssl

(Associated Press BY Federal Wireless)
WASHINGTON, March 6--For the
first time since 1877 decisions pre-
pared by the Supreme Court have been
held over from the first Monday of the
month. Yesterday, according to all
the precedents, was "decision day. In
the highest court of the land, but be-
cause of the inauguration ceremonies
and the fact that the day became
public holiday, two score decisions
were not made public. These win be
announced today.
A large number of very important
matters are expected to be covered in
these decisions, one in particular being
looked for all over the nation. This
deals with the contested constitution
atty of the Adamson Act, which puts
into force an eight hour day for rail.
road platform men and provides for
payment on the ten hour basis of last
year. s.e.as V.
Pressed BY President IS
The Adamson act was one Of six in
the legislative program, presented by
President Wilson to congress in his
message of August 29 after the strike
had been called and after conferences
failed to bring settlement, and when
railroads were directing freight EN-
bargoes in anticipation Of q strike.
Other legislation recommended in
cluded reorganization and enlargement
of the interstate commerce. commits.
sioni approval by congress of in,
rSeased firtes No. meet the increased
wages proposed; public investigation
of labor controversies before strikes or
lockouts, and vesting the President
with authority to operate railroads in
case Of military necessity. All these
have been considered by congress ex-
cept the proposed rate increase, which
the President withdrew in his open
ing message to congress last December.
September | to pass the Adamson bill.
Seventy Republicans voted with Demo
Gratis in its favor. On September 2,
the bill passed the senate, forty-eight, to
twenty-eight, Senator La Toilette, Wis.
consin Republican, joining the Demo
Gratis, and Senators Clarke of Arkansas,
since deceased, and Hardwiek of Geor-
gia voting with twenty-six Republicans
against it. The brotherhoods' strike
order WAS recalled that they and the
President signed the measure the next
day, Sunday, September 3, and again
on September 8.
Many Injunction Suits
Early last November injunction suits
were filed by various railroads in vir-
tually all federal district courts to en-.
join the laws enforcement. The pres.
ent test ease, brought by Alexander
Now and Henry G. Ferris, receivers for
the Missouri. Oklahoma Il Gulf railroad.
was agreed upon to determine nation
wide constitutionality and operation of
the law. To expedite such determine,
| tiOn, the case was submitted without
argument to Federal Judge William C,
Hook at Kansas City, Montana.
'-' On November %, two days after the
suit was filed, Judge Hook held the
law unconstitutional, null and void -
and gave a decree permanently enjoin-
ing United States Attorney Wilson from
enforcing il, Judge Hook dismissed
the bill as to brotherhood officers named
defendants and ordered the railroad TO
cooperate in expediting the appeal Of
the department of justice to the Su'
preme Court. He also ordered the rail.
road to keep account of wage increases
due under the law, to insure prompt
payment following a decision upholding
| its validity.
Argued In January
The federal appeal was fled in the
Supreme Court November % and the
court assented to expedition of the hear,
ing, three days of arguments following
January 8 to 10. Pending the decision
the department of Justice and railroad
attorneys formerly stipulated That the
five hundred odd injunction Suits should
not be pressed, that the federal author,
tiles would not attempt to enforce pen
alties for non-obsertance and that the
railroads would keep account of wage
increases due from January l.
The railroad brotherhoods were not
parties 70 the stipulation nor to the
suitj and had. mo attorneys participating
In the Supreme Court arguments.
In appeal to the Supreme Court, the
department of justice contended, brief
ly, that the Adamson Act is cOnstitu
tional and enforceable, both as an
"hours of service" and wage fixing
statute, under congress broad and su'
preme constitutional authority to regu
late interstate commerce. Power OF
congress to fix wages and also to pre-
vent strikes, in insuring unobstructed
transportation and movement of com
meree, was especially maintained.
The railroads contended, generally
that the act is void because grossly il
excess of congress- commerce regula
tion authority They asserted also that
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