Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-03-20
'ULING OF FEDERAL
JUDGE IN TEST CASE
is REVERSED. 5 TO &
CcOutinued from Page ons.J

nat the private right had destroyed the
ubIic right
RE said congress power was not an
emergency power He recited the
congressional power TO fiN rates. pro-
ibitins rebates and myriad OF reg
Iations" had been asserted TO protect
he public interest"
He said that power had been ex-
|tnded 10 employees. citing the hours
service act and others. he said
|ners ar5s authority Of congress ~ act
ESQ. allure OF the railroads and
|rls"y..- reach an agreement.
re Said rns railroads could not OBJ
bet 20 fixing standard OF wages be-
|suSe. i'm the deadlock. none was fixed.
ne court reserved an opinion as TO
neither the penalties are excessive
The chief justice said there was basis
~ the attack that there was no con
Iteration Tor the passage OF the act
e told now the president appealed to
rugress when he found himself nelp-
IS.
Is a judicial function 10 strike down
law because IL - said il was not
considered ne asked 1T seems TO
e that would brush aside every dis
Motion between the legislative and ju-
cial functions upon which the cOnsti-
|1tiOn is maintained
MAJORITY OPINION
The majority opinion a. delivered by
thief Justice White follows in part.
Was .here power ia congress under
ne circumstances existing 20 deal with
he hours Of work and wages Of railroad
Employees engaged in interstate COM
lerce. j. the principal question here TO
u considered
Its solution as well as that of OJner
uestions which also arise will be clari-
ed by brief statement o. Tie cOndi-
Ons out Of which the controversy arose
Two systems controlled i'm March,
sts. concerning wages OF railroad EN-
|lOye~- one an eighJ-hOUr standard OF
|-OIk and wages with additional pay Tor
vertime. governing on about Is per cent
II the railroads: the other a stated mile
&c OF zoo miles TO be performed during
'en hours with extra pay for any excess,
force on about s. per cent OF the
'Oads"
The decision here reciteS that the
IotherhOcd i'm March, 1916. made formal
emand on the employers Tor wage in
eases for all aged in the movement
T trains. except passenger trains The
|krms of the demands, except those MAX
big article ! applicable 10 yard and
'witching aid hosting service and one
baking the standard obligatory on the
.RilrOads. but optional on the emplOye-
5 il left the right TO employees TO re-
pin their existing system on any par
ocular road If they elected-were out
ned in Justice Whites decision as fol-
bwS.
Article ! taI-Iu all rOac service 100
<niles or less eight hours or less Will
.pnstitute a day except in passenger
erviCe- Niles in excess OF t0U will be
aid for al the same cate per mile
~tbl on runs OF 100 miles or less over
me will begin al the expiration of
Eht Isours-
"tCI-On runs OF over 100 miles over
me will begin when the time on duty
xceeds the miles run divided ny l. -
niles per hour
''Cdl-AH overtime 20 be computed on
be minute basis and paid for at time
. nd One-half times the pro rata rate.
"tel-No one shall receive less for
ght hours or leo miles than they now
eceive for a minimum day or 100 miles
pr the class Of engine used or for serv-
e performed