Arizona republican., 1917-01-09
SAYS CONGRESS
 MAY REGULATE
 HOURS AMI PAY
TRepablican A. p. Leased wirel


 WASHINGTON, Jan. S.-The test case to determine the constitutionality of the Adamson law, enacted last Sep tember when a general railroad strike threatened, came up in the supreme court today Argument will continue until Wednesday and a decision is eX- pef ted within a few weeks.
 The question whether congress has power to regulate hours of service and wages furnished the keynote of the arguments today in which the justices manifested keen interest interrupting with many questions In opening de fense of the law for the department of justice, Solicitor General Davis de- clared 1t regulates both hours of serv- ice and wages. and contended that congress has authority to regulate both He asked annulment of the decision of Circuit Judge Hook at Kansas City in the test case of the Missouri. Okla hona and Gulf railroad, holding the law void
 Although three hours is the usual time allotted for argument of a case the court granted an extra session to- day to eight hours, equally divided be- tween the federal and railroad counsel Tomorrow Walker D. Hines. chairman of the railroads general committee of counsel, and John c. Johnson of Phila- delphia will speak for the carriers.
 Solicitor General Davis told the court that lt reached the heights of imagi- nation to say that the primary object of congress in passing the law was not 70 limit the hours of toil He asserted that Elisha Lee. the railroads spokes- man throughout the strike controversy, often had admitted that the law is workable, now denied by the railroads
 When MT. Davis cited congress dis turbance of railroad contracts in pass ing the federal employers liability act, upheld as valid. Justice Day asked:
 Do you claim the same power in fixing wages as in fixing rates?"
 We dO," Mir. Davis replied.
 'l can't follow that argument" in- terlected Chief Justice White. "The subject is regulating hours of service The government has regulated com merce for ages. so to speak. It was held Tn the case of the employers liability act that that regulation was valid That was no decision that the govern me nt has the power to regulate wages"
 That is what we contend for" re- joined Mir. Davis.
 That's the logic I cant follow" re- sDonded the chief justice.
 The solicitor general argued then that if congress can regulate the rela- ton of master and servant. of rail- roads and employees. it also can regu- late wages
 That is the most vital of aIl." he continued If employees are under paid and discontented. safety of com merce in charge of employees is affect ed Also, wages have a direct relation in pCrF7 service"
 Your proposition goes further than that the chief justice interposed, cit ing as an example freight shipped by a grocer. Do you intend to say that wages of all persons making these goods are subject to regulation?r
 No; We don't go that far" said MT Davis, and pointed out that congress has the power to reduce railroad rates to prevent extortion.
 Has congress the power to prescribe what railroads shall pay for various things-lOcomOtives, land. etc. ?'' asked Justice McReynolds.
 l am not so sure that congress hasn't that power" MT Davis replied. All authority Is dependent upon its reasonable and not arbitrary use"
 Justice Day suggested that congress- power is limited by constitutional pro- hibition against confiscation.
 Congress power to regulate issue of railroad stocks and bonds" Mir Da- wis continued, and to say what price railroads shall pay for credit is being advanced in and outside of congress. ?.
 He added that under the decision in the Debs case congress has authority to prevent railroad strikes and ob- struction of interstate commerce. He denied that penalties provided by the Adamson law are excessive and upheld as reasonable the statutes. exemptlon
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