Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1917-03-20
Senior Members of Highest
Tribunal Hold Majority
on Important Matter.
WILL COST ROADS MILLIONS
Decision Declares Nation Has
Right to Expect Uninter-
rupted Service.

WASHINGTON, March l9-ln an
spochal decision holding congress to
be clothed with any and all power
necessary to keep open the channels
of interstate commerce, the supreme
court today, dividing five to four, sus-
tained the Adamson law as constitu-
tional and enforceable in every
feature.
The immediate effect of the decision
will lie to fix n permanent eight-
hour basic day in computing wage
scales on interstate railroads, for
which nationwide strike twice has
been threatened and to give, effective
from January /. this year, increases
in wages to trainmen of about 20 per
cent at a cost to the railroads esti-
mated at S4O,ovo,000 To S50,OOO.OOO
year.
The court declared both carriers
and their employees engaged in busl-
ness charged with public interest sub
ject to the right of congress to COM
pulsorily arbitrate dispute affecting
the operation of that business.
Subject to Limitations.
"Whatever would be the right of
an employe engaged in private busl-
ness to demand such wages as ne
desires. to leave the employment II he
does not get them and by concert of
action to agree with others to leave on
the same conditions" said the opinion,
such rights are necessarily subject
TO limitation when employment is ac-
cepted in a business charged with a
public interest and as to which the
power to regulate commerce by con-
gress applied and the resulting right
TO fix in case of disagreement and
dispute a standard of wages as we
have seen necessarily obtained
In delivering the opinion, Chief
Justice White departed at this point
from his written text to emphasize
the position of men operating trains
in a time of national emergency, by
comparing them to soldiers facing an
enemy.
Coming on the heels of the conces-
sion of the eight-hour basic day by
the railroads at New York to avert the
threatened strike, today's decision Is
regarded as largely suppanting that
agreement and also removing for all
time thru the broadest Interpretation
of congressional authority outlined by
the court the probability of future
transportation paralysis.
Senior Members Agree.
Joining with the chief justice in
SUSTAINING tHt Jaw Wtlt JuSNlNt WI
Kenna and Holmes-his immediate
seniors in point of service-and JUS
tices Brandeis and Clarke, junior
members. Dissenting were Justices
Lay, Nandeventer, Pitney and Me-
Reynolds.
The ma aiority upholds the public
right to have interstate commerce un-
interrupted as basic principle para
mount to interests of the railroads or
their operativcs-both declared to be
in public service and subject to MAIN
tain freedom and uninterruption of
interstate commerce. Either as law
fixing wages or hours of labor the
court decided congress had authority
to enact the Adamson statute.
THE public interest begets public
right cf regulation to the full extent
necessary to secure and protect IT,"
said the opinion, adding that in the
emergency of threatened destructive
suspension of national transportation
congress acted within its powers in
providing n wage standard and other
means necessary to protect the public
interests.
No Experimental Law.
1t also declared that the Adamson
act is neither unworkablo confisca-
tory, experimental nor in excess of
congressional railroad regulatory au-
thOrity, but in effect was compulsory
arbitration, n power (which it (con-
gress) undoubtedly possessed" and
"iucvitably resulted from its authority
to protect interstate commerce In
dealing with situation like that be-
fore it "
Concurring in the main principles
by the majority Justice Mcl<cnna eX-
pressed the opinion that the law is an
hours Of service and not wage-fiXing
statute. He also suggested increase
of railroad revenue probably would
be provided if wage increases resulted.
The dissenting opinions-JuSicesI
Day and McReynolds delivering indi-
vidual views. and Justices Pitney and
Nandeventer joining in one announce
mcnt-Variously asserted that the
Adamson act is void because beyond
constitutional powers of congress be-
cause ii takes railroads property
without due process of law or because
It Is not an hour of labor statute nor
legitimate regulation of commerce
Reverse Hooks Decision.
Justices Pitney and Nandeyenter
denied that congress has power to fiN
wages of common carriers employees
"a power upheld by the majority
Justice Day did not admit or deny
such power, dissenting because he
said, the law illegally takes railroad
revenues and gives them to the train
men by arbitrary, Illegal congress
sional fiat"
In upholding the statute the ma
Ioritv reversed Federal Judge Hooks
decree enjoining its enforcement and
dismissed the railroads test suit leav-
ing the federal government free to
enforce the statute under It's stringent
penalties Dismissal of about five
hundred other railroad injunction suits
PENDING. which were suspended under
agreement between the government
and the roads, will follow.
The wage increase sustained dates
back to January |, when the Adamson
act was made effective. Railroads
have been keeping account Of train
mons wages due for prompt pay
ment upon today's decision.
The temporary wage increases are
effective under the law until the
Goethals commission reports, while
the future wage scales under perma
nent eight hour day standards will