The Bridgeport evening farmer., 1917-01-08
ADAMS0N LAW
SUPREME court
BATTLE BEGINS
Large Array of Attorney
Appears for Railroads of
Country.

Washington, Jan. S.-Arguments
over the constitutionality Of the Ad-
amson Law came up today in the Su-
preme Court. A large array of at
torneys for the railroads and counsel
for the government were on hand for
the last stage of the battle over the
validity of the act of Congress last
September when the country was
threatened with a nation wide rail-
way strike.
First upon the courts call Of cases
today, following it's three-Weeks' hOli-
day recess, was the Missouri, Okla
homa & Gulf railroad case, chosen by
the Department of Justice and the
railroads for the ltese. 1t was not eX-
pected that the arguments would be
concluded before tomorrow.
When the court will announce a
decision is problematical, but it is ex-
pected within a few weeks as the
court has consented 20 expedite the
proceedings and placed the test case
ahead of all others upon today's call.
The case was appealed last November,
from the decision of Federal Judge
Hook at Kansas City, Mo-, that the
law was Unconstitutional, null and
void"
The railroad lawyers were headed
by Walker D. Hines. Arthur Miller
represented specially the Missouri,
Oklahoma and Gulf road. John G..
Johnson of Philadelphia also appear
ed for the railroads.
In charge of the defense of the Ad-
amson act for the Department of JUS
tice were Solicitor General John W.
Davis. Assistant Attorney Generals E.
Marvin Underwood and G. Carroll
Todd, and Frank Hagerman of KAN
sas City, special assistant to the At
torney General.
The railroad brotherhoods were not
formal parties to today's test suit;
Judge Hook dismissed the Missouri,
Oklahoma & Gulf railroads bill as
to union officers named defendants
Today's arguments, technically,
were upon appeal of United States
Attorney Francis M. Wilson of Kan
sas City from Judge Hooks decision
in an injunction suit brought by Alex
ander New and Henry c. Ferris. re-
ceivers for the Missouri, Oklahoma &
Gulf, to enjoin enforcement of the
law. Actually, however, the case will
determine application of the law to
all railroads.
By a stipulation, signed by railroad
and Department Of Justice counsel,
all other litigation over the Adamson
act has, been suspended pending the
Supreme Courts decision. The rail-
roads agree meanwhile to keep spec
ial account Of wages due employees
under the new law, to insure payment
If the act is sustained as constitution
al or given partial application.
The principal provision Of the Ad-
amson act, which became effective
January ! and whose operation was
suspended by the present legal pro-
ceedings, declares "eight hours shall,
in contracts for labor and service, be
deemed a days work for the purpose
Of reckoning compensation for SER
vices Of all employes-employed by
any common carrier-by railroads &C
tually engaged in any capacity in the
operation Of trains"
The law was passed by the House
Sept. I, by the Senate on Sept. 2 and
signed by President Wilson twice,
Sept. 3 "a Sunday and 5. The gen
eral strike Of railroad brotherhoods
previously ordered for Labor Day,
Sep 4, was called off.
That the law is not in reality an
8-hour day statute, but wage in
roads. In the present case it is also
commended. that the law is unavoidable.
incapable of application; is not a re-
gulation of commerce within the au-
thority Of congress, but temporary
experiment, and "unreasonably and
arbitrarily interferes with constitu-
tional liberty of contract, as well as
depriving the railroads of property in
violation of the "due process of law
clause of the constitution.
While the Missouri, Oklahoma &
Gulf has but few employees subject
to the act, being a small line and in
hands of receivers, counsel admitted
that the test case is not typical of
many other large trunk lines, having
thousands Of employees under con-
tract. Utmost freedom to present evil
dence regarding operation of the law
upon all railroads, under all condi-
tions, was agreed upon in the present
case, so that the Supreme Court
should have complete data affecting
all railroads.