Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1917-01-09
TEST OF ADAMSON
LAW BEING MADE
Arguments in Supreme Court
On Appeal of Government
from Hook Decision.
BRIEFS ARE ON FILE

Washington, Jan. S.-Thc climax in
the legal contest over constitutional
ity of the Adamson law was reached
today in the supreme court.
Arguments were begun in the Mis-
souri,, Oklahoma & Gull railroad test
case, in which the Department of JUS
tce is appealing from Federal Judge
Hooks decision at Kansas City, Mo,
that the law passed last September
when nationwide railroad strike
seemed imminent is unconstitutional.
null and void.
Conclusion of the arguments late
tomorrow is expected. They are the
first on the merits of the Adamson
law in any court, Judge Hook having
decided the case without formal hear
ings in order to expedite the appeal
for the supreme courts final deter
mnation. A decision is expected
within a few weeks.
Voluminous briefs were filed today
by the federal and railroad council
before the beginning OF the arguments
which proceeded after announcement
by the court of numerous opinions
and orders on reconvenlng after its
holiday recess. --- .e. .--- -....
Precedents Are Cited.
Numerous precedents, including su-
preme court decisions, were cited in
support of the laws validity. The
railroad brief contcnded the law is un-
workable, experimental, incapable OF
application, interfcres with liberty of
contract, docs not fall within con-
gress' authority TO regulate interstate
commerce and takes railroad property
without due process of law.
The arguments were begun by
counsel for the Department of JUS
tice, which has sole charge of the de-
fense, the railroad brotherhoods not
appearing officially. Eight hours for
the hearing was desired by the rail
roads counsel, but less was deemed
necessary by the federal attorneys.
The usual time given by the court
for a. case is three hours.
/ Annulment of Judge Hooks dcci-
, sion holding the law unconstitutional
and dismissal of the railroads suit
was asked in the brief of the De-
partment of Justice
Argues Is Constitutional.
As an "hours OF service" act and
also as a wage law the federal brief
contended the law is constitutional
Infcrentially, the brief argues that
compulsory arbitration legislation,
such as is under consideration, also
is constitutional in behalf of public
interests to prevent ticups OF trans
portation facilities.
Practicability OF obcying the law,
the brief asserted, has been admit
ted again and again by railroad off
cials, particularly in hearings before
congressional committees last August
and in conferences with President
Wilson.
"All assumed the mere change
from the established and we'll under
stood ten-hour standard day TO the
proposed eight-hour standard day was
all that was necessary or intended"
the brief stated, citing that IS per
cent of employees affected arc now en-
ployed on ten-hour basis"
Would Enforce Law.
Admitting that a rigid eight-hour
day for train operation is not COM
pletely practicable, federal attorneys
said the Adamson law should be en-
forced at least so far as is possible.
Two coordinate branches of the
government have evidenced the opin-
ion that the law is constitutional"
the brief continued. Certainly this
court will not strike down the law
upon mere prophecies of its effect"
Alleged infringements of the lib
crty of contract, it was contended,
does not affect the acts validity nor
tho assertion that congress enacted
this law from improper motives and
upon insufficient information