Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-03-20
RULING OF FEDERAL
JUDGE IN TEST CASE
IS REVERSED, 5 To 4
So
Decision Follows Agreement
of Railroads to Avoid Strike,
by Yielding to TrainmeH's
Demand for Eight Hours
(By Associated Preaal

WASHINGTON, March 19.-Fof1owtng
the agreement of the railroad managers
Sunday to put into effect the provisions
of the Adamson S-hour law pending the
decision of the supreme court as TO its
constitutionality. the supreme court tor
day handed down its decision declaring
the act valid in all respects. ts'
The decision makes eight hours the
standard Of a days work and wages for
men in operation of trains and legalizes
the wage increase which went into tenta-
tive effect on its passage.
The decision was 5 to 4. Justice Day.
dissent from the bench and later Justice
McReyonlds announced his.
Federal Judge Hooks ruling in the
Missouri, Oklahoma and Gulf railroad
test case, enjoining enforcement of the
Adamson act and holding 1t ''unconsti-s
tutional, null and void was reversed.
The immediate, temporary wage in
creases won by the railroad employees af-
feet 100000 trainmen, as of January i
and are estimated to total between 500
00O, 900 and S50,00O,o0O. .---------~~
JUSTICE MKENNA'S VIEW.
Justice McKenna concurred in ths ma
jority opinion. but on slightly different
grounds Justice Day read his own dis
senting poinion and Justice Pitney deliv-
cred the other dissenting opinion in
which Justice VanDevanter Joined.
Justices Pitney and Van Devanter in
their joint dissenting opinion held that
the law should be held unconstitutional
and void because congress, although
confessedly not in possession of infor-
nation necessary for intelligent and just
treatment of the controversy. arbitrarily
imposed upon the railroads the entire
and enormous cost of an experimental
increase in wages"
Justice Day, in his dissenting opin-
ion. said the legislation amounted to de-
privation of the railroads property with
out due process of law.
In concurring in the majority opinion
Justice McKenna differed in that he be-
lieved the law IAN hours of service
statute and only secondarily a wage fix
ing law. and thus within power. of con-
gress.
Justice McReynolds delivered a sep
arate opinion saying congress did not
have power to pass the law. but that
he now bows to the majority's ruling.
In dissenting Justice McReynolds said
that congress did not have power to en-
act the law, but that the majority de-
cision now gives il authority to fix train
mems maximum and minimum wages.
ito require compulsory arbitration of
labor disputes which may seriously jeop-
ardize movement of traffic and to take
measures effectively to protect the free
flow of commerce against any combina-
ton, whether of operatives, owners or
strangers"
The supreme COURTS ruling was an
nounced by Chief Justice White.
he nDininn no Pbiaf if1S
tice reviewed the negotiations leading
to enactment of the law. He did not
read from a prepared opinion, giving II
apparently from memory. He told of
the presidents efforts to avert the
strike last September
He suggested arbitration. The efn-
ployers accepted and the employees re-
fused" said the chief Justice HE then
suggested basic eight-hour day stand
ard. The employers rejected that and
the employees accepted"
How the president went before con-
gross was then recited.-
Congress passed the law that is be-
fore us and the carriers refused to rec
ognize it." he continued. He said the
agreement to expedite the case was
very laudable."
Justice White said that law is both
an eight-hour and also a wage-hxing
statute. He said 1t strips the parties
Of power contract" as to wages. He
said the eight-hour provision is the
paramount feature.
Regarding whether the law was an
hours of labor wage-ixing law. the chief
justice said it was both. He said the
question Of fixing hours of labor by
congress was out OF the case as un-
questioned
He cited the hours of service act9
as an instance of hours Of labor" 1egis-
latiOn by congress. He said transpor-
tation is Of both private and public
interest.
POWER TO REGULATE.
"The dividing line is so marked that
government will not destroy the pri-
vate right" said the chief Justice. THE
power to regulate rests upon both the
private and public interests involved"
He then inquired if it was relevaSs
for congress to provide for the temper
airy wage increase. He said the right
of private parties to fix private wages
was an inherent right and to take it
away would be unconstitutional. But
"a said that considering what congress
intended to do and the failure of the
railroads and employees to reach an
7greement. to say that the government
-rtho-itv did not have the power ITO
fill the void would be 20 declare