Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-03-20
EFFECT OF DECREE
Continued from Page One)


Congress acted within it's powers in
providing a wage standard and other
means necessary to protect the pubic
interests.
1t also declared that the AGamson
act is neither unavoidable, coniiscatory,
experimental nor in excess of congress
sonal railroad regulatory authority,
but in effect was compulsory arbitra-
ton. a power which it (Congress) I'M
doubtedly possessed, and inevitably re-
suited from it's authority to protect in
terstate commerce in dealing with a
situation like that before it,"
Concurrirg in the main principles
ennnciated by the majority, Justice
McKenna expressed the opinion that
the law is an hours service and not
gefiXing statute. He also suggest
ed increase of railroad revenue proba-
blv would be provided if wage increases
resulted.
The Dissenting Opinions
The dissenting opinions-Justices Day
and McReynoldS delivering individual
views and Justices Pitney and Van
DcNenter joining in one announcement
-Var!ouSly asserted that the Adamson
Gct Is void because beyond constitd
tionai 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 Pitney and Van Deventer de-
MED that Congress had power to fix
wages OF common carriers employees
t,nJl fl..
Holding the AGamson act as 'arbi
trary and unreasonable taking of prop
erty." from the railroads without due
process of law, experimental and ad-
mittedly enacted without due deliber-
alton. Justice Day dissented, although
he said, he was not prepared to say
Congress is without power TO regulate
railroad wages. He expressly said
however, he did not believe Congress
mas lower to enforce compulsory ar
bitration and asserted that the emer
gency last September did not warrant
any excessive exercise of constitutional
powers of Congress.
Congress has in this act" Justice
Da'y SAYS. itself declared the lack OF
sufficient information and knowledge
to warrant abe action taken. and mas
directed an experiment to determine
what it should do.
such legislation. it seems to me,
amounts to the taking of the property
Of ore and giving it to another IN Vlo-
lation Of fair play and due process
clause. No emergency whatever the
character. could Justify the violation
of constitutional rights.
Justice McReynolds' dissenting OPINION
said:
"Whatever else the act may do. 1t GER
tainlv commands that during a MINIMUM
period of seven months interstate car
riers by railroad shall pay their EN-
ployes engaged in operating Trains io'
eight hours work a wage not less thah
the one then established for s'aiiuai
day--generally of 10 hours
81 have not heretofore supposed that
such action was a regulation of commerce
within the fair intendment of those words
as used in the Constitution, ana the az
,r,,-,ont advanced in support of the con-
ivory view is unsatisfactory TO my hliiiu.
I cannot therefore, concur III 'ii'
clusion that it was within the power u
! Compress to enact the statute.
| In unfolding the statute the ma1oii'S
reversed Federal Judge Cooks decree en-
io;nins its enforcement and dismssihs
the railroads test case, leaving the leu
oral government free to enforce the eea'-
ute under it's stringent penaities'
,,,issal Of about SEQ railroad injunction
! suits. the pressing of when was sus
nended under agreement between the
government and the road. will folio" as
| a matter of course.
! Tho wase increase sustained dates PACK
90 IAN / when the Adamson act was
,,ode effective. Railroads nave oeei
,eonnr account of trainmens wages que
for prompt payment upon todays ae-
c;s,on. The temporary wage increases az
directive under the law until the uoe"n
! o,s commission reports, While 'ne iu'oio
wage scales under permanent e'sh'-hou'
a,v standard will await either private VI
congressional action after the report
That the railroads will ask either Con-
rress or the Interstate Commerce Corn-
,,,;ssion to authorize rate increases -
,,,eet the increased wage costs ehtalioa
has been plainly indicated through OIL
stares of the controversy