The Birmingham age-herald., 1917-03-20

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 statute He also suggested increase of railroad revenue probably would be pro-
 yided if wage increases resulted.
 The dissenting opinions-Justices Day
 and McReynolds delivering individual views and Justices Pitney and Van De-
 vanter joining in one announcement variously asserted that the Adamson act is void because beyond constitutional powers of Congress, because it takes railroads property without due process of law, or because it is not an hours of labor statute, nor legitimate regulation of commerce.
 Justices Jitney and Van Devanter de- nied that Congress has power to fix
 wages of common carriers employes-a
 power upheld by, the majority. Justice
 Day did not admit or deny such powen
 dissenting, because, he said, the law illegally takes railroad revenues and glves
 .hem to the tralnmen by arbitrary, ii- legal congressional Sat.
 1 In unfolding the statute the majority
 reversed Federal Judge Hooks decree en- joining its enforcement and dismissed the
 railroads test suit, leaving the federal government free enforce the statute under it's stringent penalties Dismissal | suits will follow a matter of course.
 Here the chief justice recounted at length the previously acknowledged pow CTS of Congress 10 regulate commerce.
 Tn the presence of this vast body or acknowledged powers there would seem to be no ground for disputing the power
 which was exercised in the act which IS
 before us so as to prescribe by law for the absence of a standard on wages ha foi1 fn private right. % y to the end that no individual dispute or difference might
 bring ruin to the vast interests con- Ecerned What would be the value of the right to a reasonable rate Ii all movement in interstate commerce could be stopped as a result of a mere dispute
 between the parties or tneir fallure 10 exert primary private right concern ing matter of interstate conmercef Again, what purpose would be subserved
 by all the regulations established to se-
 cure the enjoyment by the public or an efficient and reasonable service, If there
 was no power in government to prevent l all service from being destroyedz Fur 5 ther- yet, what benefits would flow to } society by recognizing the right, because of the public interest, to regulate the relation of employer and employe and or the employees among themselves? And
 to give to the later peculiar ana speclal rights safeguarding their persons, pro tecting them in case of accident ana slV- ing efficient remedies for that purpose, if there was no power to remedy sltua- ton created by dispute between em- blowers and employees as to rate Of wages, , which. if not remedied, would leave the public helpless the whole people rulned and all the homes of the land submitted
 to danger of the most serious char
 acter?
 And, finally, to what derision would 1t } not reduce the proposition that govern. ment had power to enforce the duty ol , operation, if that power did not extend q to doing that which was essential to
 prevent operation from being completely
 stoppedo We are of opinion that } reasons stated conclusyely ostapllsh that
 from the point of view of inherent power the act which is before us was clearly ) within the legislative power ot congress to adopt
 If it be conceded that the power to en- act the statute was in effect the exercise of the right to fix wages where, by req . son of the dispute there had been failure to fix. by agreement, it would simply l serve to show the nature and character of the regulation essential to protect the public right and safeguard the movement of interstate commerce not lnvolVlng any denial of the authority to adopt 1t.
 
 considered whether the right to exercise such a power under the conditions which existed was limited or restrained oy dhe private rights of the carriers or theh' } employees.
 "As to the carrier: As engaging on
 the business of interstate commerce car riage subjects the carrier to the lawful , power of Congress to regulate ! it follows that the very absence Of the scale of wages by agreement and the ] impediment and destruction of interstate ! commerce which was threatened called for the appropriate and revelant remedy, the creation of a standard by operation of law binding upon the carrier. "As to the employer: Here again It IS / obvious that what we nave preViousi9 said is applicable and decisive, since whatever would be the right of an em- ploye engaged in a private business tc ! demand such wages as he desires or leave | thaa employment if 1e does not get them and by concert ofV4ction to agree with others to leave upon the same condition | such rights are necessarily supJect tc limitation when employment IS accep.eo l. in business charged with a pubic ln- terest and to which the power to regu- late commerce possessed by Congress ap- | piled and the resulting right to flx III case of disagreement and dispute stand ard of wages as we have seen necessarily obtained.
 Having thus adversely disposed of the | contentious as to the inherent want o1 power, we come to consider all the other propositions' which group themseiVess un der common heading. that IS;
 .2 Such an abuse of the power if pos sessed as rendered it's exercise uncon- stitutional
 The want of equality is based upor two considerations. The one is the ex <.l..~ yir,A nvnd al
 railroads We dismiss it because 1t ha'
 been adversely disposed of by many previ
 ous decisions. The second rests upon tn Il charge that unlawful inequality result because the statute deals not With all
 but only with the wages of employees en
 gagged in the movement of trains. Bu
 such employees were those concernin
 whom the dispute in which wages existed
 growing out of which the threat of in terruption of interstate commerce aros "a consideration which establishes al T adequate basis for the statutory classifi = cation."
 . The chief justice dealt at length Wit V the argument that the law was "unwork able" and after disposing of this argu
 ment, he said:
 Considering the extreme contention lrelied upon in the light of this situation I've can discover no basis upon whic they may rest.
 When it is considered that no conten
 tioE is made that in any view the en