The Fargo forum and daily republican., 1917-01-10
ADAMSON
Law IS
WORKABLE
(Rv Associated Press.l


ments in the Adamson act test case
were heard by the supreme court to-
day. With the closing address in be-
half Of the government by Frank Hag-
erman of Kansas City, special assist
ant to the attorney general, the case
was to be submitted to the court.
Special attention was given by fed
| eral counsel to the charge that the act
is unworkable. By putting into effect
| new contracts with employees on the
eight hour basis, which, it is contend
ed, are demanded by the new law, the
legal forces defending the act insist
| the ends of the law can be easily at
tained.
Lack of authority by congress to
wage legislation was the principal line
of attack Of the railroad attorneys,
Walker d. Hines and John G. John
son yesterday. The contended also that
the law is incapable of operation with
out judicial Interpretation, takes prop
erty without due process of law and
interferes with liberty Of contract.
Difficulty of definitely applying the
act was emphasized by Mr.. Hines. He
said although the law fixes an eight
hour standard railroad day for train
operatives nearly all such employees
are employed on mileage, trip, run or
monthly bases.
The primary purpose of the act
was arbitrary regulation of private
contracts he declared, in concluding
an address of more than three hours.
1T sets aside legitimate methods.
substituting an unavoidable specula-
tive arrangement. Its claSsifications
give benefit only to the four brother
hoods who demand the changes. In
all aspects 1t is of unconstitutional
and bewildering unworkability with
out relation to any substantial promo
tiOn of commerce."
In the closing address for the rail-
roads Mr. Johnson assailed the hasty
enactment of the legislation by con-
gress as we'll as the conduct of the
brotherhood leaders. He said the act
was solely and purely a wage increase
law, void and impracticable in at
tempting to establish an eight-hour
day.
To make the question of railroad
wages political, to be settled by con-
gress from time to time, he said,
would lead to unforeseen results.
There is nothing in the Adamson
act for protection Of the public" he
said. "The brotherhoods had the
honesty not to pretend they were pro-
tecting the public, but stood upon
their own selfish ends"
Regarding the statement that the
added: Have we come to that?
Have we reached the period when the
men who threaten a strike shall be
rewarded? I'm not comparing men,
only methods, but we might as we'll
buy off a gang Of highwaymen with a
bribe to prevent interference with
commerce"
Half an hour before court adjourn
ed, Frank Hagerman of Kansas City,
nio1 rf m fhn OF
eral, began the closing address of the
hearings. He defended the law as
being capable of operation by the
mere change Of railroad bookkeeping,
and said congress enacted it in the
face of a great emergency" D..
1t was not a one-sided affair, he
said. There were railroad representa-
tives who acted upon the assumption
that railroads owe nothing to the
public"
Assuming that congress can raise
wages for a limited period, can it do
so for an unlimited period?" asked
Justice Pitney. Where do you draw
the line between private operation
and public management"
Il don't draw the line.' Mr.. Hager-
man answered.
But it may be necessary for the
purposes of this argument" Justice
| Pitney observed.
Chief Justice White then stated the
following proposition:
Here's one question of a strike.
More pay is asked. The other side
says more pay means higher rates.
Congress says: We haven't had
| chance to investigate this matter but
We'll put temporary arrangement
into effect and give an opportunity
for full investigation with tempo
rary increase of wages and also an in
crease of rates Now, that's your
proposition, isn't it?'
| YES" Mr.. Hagerman answered.
"The course has held that if there is
opportunity for a test there should be
one before the court lays it's hand on"
Mr.. Hagerman asserted that mo
self respecting man would have ac-
cepted the proposition the carriers
made to the president" "The carriers
were pretending" he said, that they
wanted arbitration, but they refused
to arbitrate the eight-hour day de-
mand unless all questions also were
arbitrated."
What's this got to do with the law
question:" Chief Justice interrupted.
II don't want to interrupt you, but we
have a question of law and you are
discussing things we have no cogniz-
ance off, ..:..- ..-..
II didn't start it, your honor" said
! Mr.. Hagerman.
81 know that, but l suggest that you
conclude it," the chief justice re-
\ sponded, and Mr.. Hagerman conclud-
i -. IL o..