Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1917-03-20

he given that if the result Of such
observation established such an in
creased cost t. the employers as JUS
tified an increased rate, the power
would lie given to the Interstate COM
merce commission to authorize il.
Congress responded by enacting the
statute whose validity as we have
stid We are called upon to consider.
The duty to do so arises from the
eact that the employers, unwilling to
ACCEPT the act and challenging the
constitutional power of congress to
enact II, began this physical SUIT
against the officers of certain labor
unions and the United States district
attorney to enjoin the enforcement of
the statute.
'The law was made to take effect
only on January !, 1917. To eXpu-
dite the final decision before that
date the repSe sentatiVes of the labor
unions were dropped out. agreements
essential to hasten il we're made ard
il was stipulated that pending the
final disposition of the cause, the car
riers would keep accounts of the
wages which would have been earned
If the statute was enforced so as to
enable their payment if the law was
finally unheld
Stating its desire to cooperate
with the parties in their purpose to
expedite the cause the court below
| briefly announcing that it was of tire
opinion that congress had no cOnsti-
tutional power TO enact the statute,
enioined its enforcement and. as the
result of the direct appeal which fol-
lowed. we come, after elaborate oral
nnd printed arguments, to dispose OF
the controversy.
"All the propositions relied upon
and arguments advanced ultimately
come to two questions:
First the entire want Of constitu-
tional power to deal with the subjects
embraced bv the statutes and, second,
such abuse of the power, IL possessed,
as rendered its exercise unconstitu-
| tlonal. We will consider these sub
jects, under distinct propositions,
separately.
What Questions Were,
"G) The entire want Of the con-
sttutoral power to deal with the sub
jects embraced blythe statute.
"There must be knowledge of the
power exerted before determining
whether. as exercised. IL was con-
stitutional and we must hence settle
the dispute on that question before
coins any further.
"Only an eight-hour standard for
work and wages was provided, is the
contention on the one side and in
substance only n scale of wages was
provided, is the argument Of the
ether. We are of the opinion tina.
both are right and. in a sense. wrong,
insofar as II assumed that the one
excludes the other Both pro-
visions arc equally mandatory y.
However, there is this difference
between the two powers eXerted. The
first, the eight-hour standard Is per-
4
ing wage standard resulting from the
prohibition against paying lower
wages Is expressly limited to the time
specified in section two (of the law.
II, therefore, is not permanent, hut
temporary, leaving the employers and
empolyes free as tc the subject Of
wages TO govern their relations by
their own agreements after the spaci-
fled time Concreteiy stated there
fore, the question is this Did con
greSs have power under the circum-
stances - to provide n permanent
eight hours tandard and to create bvI
legislative action standard Of wages
10 be operative upon the employers
and employees for such reasonable
time as II deemed necessary. TO afford
an opportunity for the meeting of the
minds OF employers and employees on
the ruhicct Of wages? II would seem
inevitably to result that the power TO
regulate necessarily obtained and was
subject TO be applied TO the extent
necessary to provide n remedy for the
situation. .. This must be. unless
Il can he said that tho right to so req |
ulate 90 TO save and protect the pub
lie interest did nor opriy to Il case
where tho destruction ofSthe public |
WAS imminent as the result OF dis |
pute between the parties and their |
subsequent failure to establish by |
private agreement the standard az |
wages which was essential: in other
words. that the existence Of the pub |
lie right aud the public power to pre-
serve II was wholly under tho control |
CT the private right to establish q |