The Knoxville independent. [volume] (Knoxville, Tenn.) 1894-current, 1917-04-14

Power of Congress to Fix Hours of
Toll Is misunderstanding Pro-
nouneement of Supreme Court Averts
Danger of Interstate Strikes-Sum-
mary of Decision.
In decision on which the justices
divided five to four the supreme court
of the United States upheld the consti-
nationality of the eight hour law and
in so doing gave sanction to sweeping
congressional control over interstate
commerce in many fields other than
those obviously covered by the statute
at issue. At the same time the court
dismissed questions of the right of
congress to prescribe working day
with the simple statement that this
power was so we'll established that it
need not be discussed. However the
courts announcements on collateral
issues of the case are regarded as lay
ing the foundation for much radical
legislation in the future if occasion
should arise.
The immediate effect of the decision
will be to fix a permanent eight hour
basic day in computing wage scales on
interstate railroads, for which a nation
wide strike twice had been threatened,
and to give, effective from Jan. this
year, increases in wages to trainmen Of
about 25 per cent at cost to the rail-
roads estimated at from $40,000,000 to
$50,000,000 year. To meet this charge
the roads will likely press their plea
for increased freight rates.
The court, through Chief Justice
White, declared both carriers and their
employees engaged in business charg-
ed with public interest, subject to the
right of congress compulsorily to arbi-
I trate a dispute affecting the operation
Of that business.
Joining in with the chief justice in
sustaining the law were Justices Nc
Kenna and Holmes, his immediate jun
iors in point of service, and Justices
Brandeis and Clarke, other members.
Dissenting, for various reasons, were
Justices Day, Van Devanter, Pitney
and McReynolds
The dissenting opinions--Justices Day
and McReynolds delivering individual
: views and Justces Pitney and Van De
| Uantnr ioiri,,rr in o,,r aooo,,r,no,,,o,,f
variously asserted that the Adamson
act was void because beyond constitu-
tional powers of congress, because ii
takes railroads property without due
process of law or because it was not an
hours Of labor statute nor a legitimate
!: regulation of commerce.
Justices Pitney and Van Devanter de-
MED that congress had power to. fix
wages of common carriers employees
power upheld by the majority. Jus
,. tice Day did not admit or deny such
power, dissenting because, he said, the
law Illegally takes railroad revenues
and gives them to the trainmen by "ar.
bitrary, illegal congressional fiat"
The principal powers affirmed by the
courts opinion summarized are:
Ffrst.-To fix working day by limit
ing hours. This power was held to be
so well established that discussion
was unnecessary.
SecOnd.-To prescribe rates of wages
in interstate commerce when employ
ers and employees do not agree. The
inference was, however, that rates
agreed to by the parties at interest
: could not be overturned.
Third.-To arbitrate disputes as tc
wages in interstate commerce compul
sorily, either by direct congressional
action or by action through agencies
; created by congress. The wage fixing
provisions Of the eight hour law are
held to be practically compulsory arbi
t tration Of the dispute by congress it
] self
] FOurth.-By inference to arbitrate
I any dispute between employers and
employees in interstate commerce that
threatened to interrupt that commerce
to the public detriment.
Fifth.-To force interstate railroads
TO operate their properties regardless
of the roads private interests.
SiXth.-To force in the same way in
terstate employees to work where theil
failure to work would destroy inter
state commerce to the public detriment
and to forbid them to leave their jobs
Seventh.-While the private interests
Of employers and employees in theil
disputes are admitted, it is stated fiat
ly that the public rights must be con.
trolling
Eighth.--By analogy to control in the
same way any interstate business the
size Of which would make public dam
age result from its cessation owing to
dispute between employers and en-
ployed