Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1916-1918, 1917-03-20
SUPREME COURT
HOLDS LAW VALID
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|"(F) Time will be computed contir.
uously from time required for duty
until release from duty and RESPONSE
bility at end of day or run
The opinion then describes how the
employers refused the demand and the
employees prepared for general
strike, how the presidents proposal
Of arbitration was rejected by the
employees, how his suggestion for an
eight hour standard of work and swage
was rejected by the employers.
The majority opinion then tells how
a general strike was called and how
congress upon an appeal by the presi-
dent passed the Adamson law, how the
lower court, announcing that congress
had no constitutional power to enact
the statute, enjoined it's enforcement,
after which an appeal brought the
case to the supreme court. The opin-
ion continues:
"All the propositions relied upon
and arguments advanced ultimately
come to two questions:
First the entire want Of constitu-
tional power to deal with the sub.
jects embraced by the statute and,
second, such abuse of the power II
possessed as rendered It's exercise un
constitutional
"Concretely stated the question is
this:
Did congress have power under the
circumstances to pro.
vide permanent eight hour standard
and to create by legislative action a
standard of wages to be operative up
on the employers and employees for
such reasonable time as it deemed
the meeting of the minds Of employers
and employees on the subject of wages?
Coming to the general considera'
tons we put the ques.
ton as to the eight hour standard en-
tirely out of view on the ground that
the authority to permanently establish
it is 80 clearly sustained as to render
the subject not dsputable.
What was the extent OF the power
therefore Of congress to regulate con-
sidering the scope OF regulation which
the government had the right to exert
with references to interstate commerce
carriers That the business Of com
mon carriers by rail is in a sense 4
public business is settled by SO many
decisions as to leave
no room for question on the subject.
'If the situation with which the act
of congress dealt be taken into view
it would seem inevitably
to result that the power to regulate
necessarily obtained and was subject
to be applied to the extent necessary
to provide remedy for the situation
nct no
be said that the right to so regulate as
to save and protect the public interest
did not apply to case where the des.
truction of the public right was inn
minent as the result Of dispute be.
tween the parties and their consequent
failure to establish by private agree
ment the standard of wages which was
essential: in other words that the exis.
tence of the public right and the pub.
lie power to preserve it was wholly un.
der the control OF the private right to
establish standard by agreement. Nor
is it an answer to this view to suggest
that the situation was one Of emer-
gency and that emergency cannot be
made the source Of power. Emergency
may afford reason for the exertion OF
living power already enjoyed.
II acts. which definite. would inter
rupt, if not destroy interstate com
merce may be by anticipation legisla,
lively prevented. by the same token
the power to regulate may be exercised
to guard against the cessation of inter
state commerce threatened by fail
ure of employers and employees to
agree as to the standard of wages,
such standard being an essential pre-
requisite to the uninterrupted flow OF
interstate commerce.
RIGHT TO STRIKE LIMITED
Regarding the employe. the MAORI
ty opinion says that" whatever would
be right Of employee engaged in private
business to demand such wages as he
desires. to leave the employment II
he does not get them such
rights are necessarily subject to !irni-
tation when employment is accepted
in business charged with public
interest and as to which the power to
regulate commerce possessed by con-
gress applied
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