davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-20

And this emphasizes that there * no
question here Of purely private right.
Having thus adversely disposed OF the
contentious as to the inherent want o.
mower. We come 10 consider all the
other propositions which group them
selves under common heading, mat
is:
,. Such an abuse Of the power, if pos
sessed, as rendered its exercise uncon-
stitutional.
The want of equality is based upon
two considerations. The one is the e%-
emption Of certain short line and cleo
trio railroads. We dismiss il because II
has been adversely disposed of by
many previous decisions. The second
rests upon the charge that unlawful m
equality results because statute deals
not with all. but only with the wages oil
employees engaged in the movement Of
trains. But such employees were those
concerning whom the dispute IN wnicn
wages existed. growing out OF whlch
the threat Of interruption OF interstate
commerce arose-s consideration when
establishes al adequate basis LOT inc
statutory classification.
As to penalties, il suffices TO say That
in this case a recovery of penalties -
not asked. and consequently the sub
iect may well be postponed until IL
actually arises for decision.
At this point the Chief Justice
dealt at length with the argument
that the loC tcOS "unWorkobte.
Does Not Mean Confiscation
Considering the extreme contentious
rolled upon in the light of this situa-
ton. we can discover no basis upon
y,b;cb tbov may rest. When IL
is considered that no contention -
made that in any view the enforcement
of the act would result IN coniiScatlon'
the miscOnception upon which all INC
propositions proceed becomes appar-
Ont.
FINALLY. VIC Sg. chat the contention
that the act was void and could not be
made operative. because OF inc un-
variability Of its provisions, is WIN
out merit. since We sec no reason 10
doubt that il the standard hNed by tns
act were made applicable. and a candld
effort followed 10 carry il out, the re-
suit would be without difficulty accom-
plished. II is true that IT might follow
that in some cases. because Of partlcu-
lar terms Of employment or cNccp-
tional surroundings. some change
might b. necessary; but these excep-
tions afford no ground for holding tine
act void because its provisions are NOT
susceptible in practice of being car
? red out
Being Of the opinion that Congress
had the power TO adopt the act IN aues-
ton. whether Il be viewed rs direct
liking OF wages 10 meet the absence
Of A standard on that subject. result
ine from the dispute between the par.
ties. or as the cxertion by Congress oil
the power which IL undoubtedly pos
sessed 10 provide by appropriate leg
islation for compulsory arbitration
power which inevitably resulted from
lis authority to protect interstate com
mercc in dealing with a situation like
that which was before it We conciude
that the court below erred in holding
the statute was not within the power
Of Congress TO enact, and in restrain
ing its enforcement. and its decree
therefore must be. and IT Is, reversed
and the cause remanded with direc-
tions TO dismiss the bill.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-20

support OF the contrary view is un-
satisfactory to my mind. cannot,
therefore. concur in the conclusion
that il was within the power Of Con-
gress to enact the statute.
But. considering the doctrine now
affirmed by majority OF the court as
established 1T follows that Congress
has power 10 fX maximum as we'll as
8 minimum wage for trsinmen; 70 re-
quire compulsory arbitration Of labor
disputes which may seriously and
directly jeopardize the movement OF
interstate traffic; and 20 take meas
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-20

work; that The &C. merely provides
that eight hours shall be treated as
the measure or standard Of a days
work for the purpose Of reckoning
/ compensation for services; and that
tire third section. IN providing that
pending the report OF the Investigation
commission and for thirty days there
after the compensation of railway en-
ployes subject 70 the act for standard
eght-hour day shall not be reduced
below the present standard OF days
wages. which is based upon a ten-hour
day. requires the railroads during a
period of from eight to eleven months
10 pay as much for eight hours work
az previously was paid for ten hours
work. the effect being to increase
wages without the consent of the rail-
roads, to the amount Of many millions
OF dollars
"Mr. Justice Pitney said that the act
cannot be sustained as regulation o.
commerce because il has no such oper-
alton or effect; prescribed no service
to the public; does not regulate the
mode in which service is TO be per
/ formed, or the safeguard 10 De placed
{ about il. or the qualifications or con
/ duct OF those who are 20 perform H.,
! and has no closer relation 10 or con-
/ neetion with commerce thai has the
( price which the carrier pays for ITS
engines and cars or for the coal used
in propelling them.
Undue Interference
THE trainmen having accepted EN-
ployment under the carriers in inter
[ state commerce. so that employers and
! employees ell engaged together IN
quasi public service, the act SIMPLY
sets in and prescri5es how the money
earned in the public service shall be
! divided between the employers and the
I employees; this being a regulation not
i of commerce but of the internal con-
| Germs of the commerce carriers. pre-
cisely as If the act were 10 provide
/ that the rate of interest payable 20 the
/ bondholders must be decreased and the
dividend payments 20 the stockholders
I correspondingly increased.
/ THAT the act cannot be sustained by
analogy TO the hours OF service act,
] the safety appliance acts. or the EN-
ployers' liability act, for each OF these
has a direct and substantial relation
10 and effect upon the commerce 1t
self. while the Adamson law has none.
THAT it cannot be sustained on the
/ theory that increasing the wages oil
1 traipmen win encourage prompt and
, efficient service, because the increase
! is not conditioned upon efficiency OF
b service. but benefits alike those who
are efficient and those who are not.
THAT as measure for improving
! the service it is as absurd as law
would be that required the companies
T. pay 25 per cent more than before
for each locomotive or .or IT'S raiis'
cross ties. fuel, etc. without stlpulat-
ing for any improvement in the quality
Not Like Rate Fixing
THAT the act cannot be sustained
AZ analogous 10 the power 20 TX rates
Of freight end fare or As branch OF
that power. The interests OF the pup
| he in the regulation of rates lies IN
' limiting the carrier TO a reasonable
comDensation. and is IN the direction
OF lowering. not increasing. expenses.
THAT the act cannot be sustained as
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-20

an emergency measure, for an emer-
gency cannot create a power nor excuse
a dehance OF the constitutional limits-
tons upon the powers Of the govern
ment. II the public exigency required
il. Congress. perhaps. might appropri-
ate public moneys 70 satisfy the de-
mands OF the trsinmeu, but there is no
argument for requiring the carriers TO
pay the cost hat would not apply
equally TO renewed demands as often
a made. Il made by men who had the
power to tie up traffic.
And that the act usurps the right Of
the owners Of the railroads 20 manage
their own property in matters not az
fecting the character of the service. and
Is an attempt TO control and manage
them rather than TO regulate COM
merce. IN particular, il deprives the
railroad companies II their constitu-
tionsl right to agree with their en-
ployes as TO the terms Of employment"
Justice Days Findings
Justice Day. in mis- opinion. held that
the Adsmson act was an "a. 5itrary and
unreasonable taking Of property from
the railroads without due process OF
law, experimental and admittedly enact
ed without due elaboration. He eX-
pressly said that he did not believe
Congress had the power 20 enforce
compulsory arbitration. aud asserted
that the emergency last September did
not warrant any excessive exercise OF
constitutional powers Of Congress.
81 agree that 20 secure prop
er service and TO insure reasonable
rates to the public Congress
has the power TO fix the amount Of
compensation" he said. adding that
this power must be exercised subject
20 usual constitutional limitations of
"due process" of law.
such legislation. It seems TO me,
amounts to the taking Of the property
OF one and giving it to another IN vio-
lation Of the spirit OF fair play and
due process clause. No emergency,
whatever the character. could justify
the violation Of constitutional rights
Regarding the eFec. DC he majority
decision, Justice Day said:
II am not prepared 10 admit thai
Congress may when deemed necessary
for the public interest coerce employees
against their will 10 continue in SER
vice i'm interstate commerce Nor do
/ think it necessary to decide as stated
in the majority opinion, that
Congress can enact compulsory arbi-
tration law"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-20

ures effectively 10 protect the free dow
OF such commerce. against any COM
bination, whether Of operatives, owners
or strangers"
In his separate opinion. concurring
with the majority Of the court, Justice
McKenna discussed che meaning OF the
law and said that IL WAS an hour. o.
service rather than q wage liking law.
He also indicated that il the railroads
were not allowed 10 increase revenues
"a meet the extra financial burden, the
law might meet constitutional obJec-
tons
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-20
Justice McReynoldss Opinion

Justice McReynolds's dissenting
opinion said:
81 have not heretofore supposed that
such action was a regulation of COM
merce within the fair intendment o.
those words as used in the Constitu-
ton. and the argument advanced in
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-20
Not Like Rate Fixing

That the act cannot be sustained
a. analogous 10 the power 70 TX rates
AZ freight end fare or a. branch OF
that mower. The interests Of the pub
he in the regulation of rates lies IN
limiting tho carrier 10 reasonable
comDensation. and is IN the direction
o. lowering. not increasing, expenses
THAT the act cannot be sustained as
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-20

AAfNAAbHr iHAOfNfb
a.. ~ ne proportion relied upon and
,..-feats advanced ultimately come 10
p sssstiors:
LII the entire want Of constitu-
~. power 20 deal with the subjects
~. fred b. The statute, and, second.
+. sD1se Of the power If possessed
Thotred is exercise unconstitu-
49, Ne will consider these subjects
~ distinct propositions seps rately-
e., me entire want Of constitu-
80. power 20 deal with the subjects
Tpeesc By the statute.
ere ere must be knowledge Of the
49,, e1erted before determining
. ..I a. exercised h. Was constitu-
.,.- Sno ne must hence settle n
- On that question before going
), ~. Only an oight-hour standard
~, md wager was provided. h.
~.nbhtisn on the one side, and. in
r.,'sshet' only q scale Of wages was
x.'tn' D. the argument or the other.
~, sff Of the opinion that both are
<ha IN 4 sense both wrong. IN
~ a. u 70 assumed that the one
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-20

We arc Of opinion that the reasons
"a concmgively establish that from
the point Of view Of inherent power I
the act which is before us was S'1 can'
within the Legislative. power OF Con.
zee ~'s', 10 adopt. and that in substance
snJ eject il amounted to an exertion Of
f ~ authority under the ersu l.nta .S,
disclosed 10 compglsOrlly arOi ~, os, she
S,snn,e between the parties by estao.
1 U,Ips, as 10 the subject matter OF that
l DISPUTE a. legislative standard Of wages
operative and binding as asa. matter ,t,c o. o1
law upon the parties power g'., none , ~
less cfIicaciously exerted because eAer,
Led by direct legislative act Instead
81 The enactment Of other and 11ppro-
NJ orisi. means providing for the BRING
,ng about Of such result. -
II II be conceded thAt ,nc ~ o ~
e,se 81 The rights 20 FIX wages ~here
tg ,eason Of the dispute there had oecn
failure 10 tx BY agreement II would
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10
POLO SCORES HARD
WITH CHICAGO FANS
IN EXHIBITION DUAL

Polo. the roller variety, the same
brand that made regulations for Tacks
Bradfeld. Bob Mitchell and Duke Du-
Fresnes, has invaded Chicago and ap.
parently Is getting by. Four thousand
fans witnessed the Racine Chicago
All Star game at the Riverview rink
Sunday last and indications are that
twice that number will be on deck
when the two teams meet In rubber
game to be played probably this com.
ing Sunday. Two weeks ago the Ra-
cine, Mich. team came down to Chi
cago and introduced the game to Pad
dy Harmon and his Riverview pat
rons. Chicago was represented by a
onglomeration of Eastern League
talent. Racine won the first game
handily.
Last Sunday, the Harmon following,
with the aid Of Red Williams. the
Muncie rush. brother of Art Williams,
slipped back and thumped the Racine
visitors. S to 2, The game made a
big hit with the Chicago populace
The third game promises to draw big.
Polo, as played at the Chicago rink,
is different to that played in the In
diana State League only in that six
instead of Ave men are used on a
team. The size of the Chicago rink
necessitates the sixth man, two CEN
tiers being used In the lineup of each
team.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10

in the Richmond-Racine series last
year are mentioned conspicuously in
the Racine Chicago series.
There is little chance that Red Will
Jams will break into l. S. L. circles this
year. The brother of Art Is going big
in the bigger towns.
The Chicago All-Stars may be
brought here for a. series after the
close of the l. S. L. schedule.
Racine, too, will get a chance at the
Quakers. -
Meanwhile its a pretty safe propo-
sition to stake the meal tickets on
Arlie May tonight-f Arlie plays.
Taking 1t for granted the teams
changed goals every time score was
made at Muncie last night, Pop Wilson
rises to ask when did they have time
to play polo.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10

Whether or not Indianapolis in its
game with the Quakers at the Coli
scum tonight will spring new goal
tender on the Richmond FAM depends
on the success of the efforts of Cap
Ted Lewis, who is making desperate
attempts today to line up new man
for the flops Of Awful Arlie' May.
At Muncie last night Arlie demon.
strated clearly, as he has done in the
past that he Is the rankest goal TEND
that ever figured In rink program
Ted Lewis. generalissimo Of the In
dians, appreciates Aries ability and
the fact that be May remains in
the Indian lineup is not to be charged
against Lewis, who has been on a man
hunt for a goal tend ever since the
opening OF the season.
At any rate Richmond fans have
veto forget the to walloping meted
out to the Quakers by the Indians ten
days ago and even should Arlie May
faint the Capitol City lineup there still
remains solid possibility that real
game will be the ultimatum tonight
when the Indians and Quakers scrap
II out on the coliseum floor The big
game starts at 8:45. A curtain raiser
will proceed.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10
GRANDMOTHER KNEW
THERE was NOTHING so GOOD
FOR CONGESTION AND COLDS
AS MUSTARD

But the old-fashioned mustard plas.
ter burned and blistered while it act
ed. You can now get the relief and
help that mustard plasters gave, with,
cut the plaster and without the bis
ter.
Musterole does It. It is a clean,
white ointment, made with oil of mus
tard. 1t is scientifically prepared. so
that it works wonders, and yet does
Lot blister the tenderest skin.
Just massage Musterole in with the
finger tips gently. See how quickly II
brings relief-how speedily the pain
disappears.
Use Musterole for sore throat, bron-
chitis, tonsilitis. Group, stiff neck,
asthma, neralgia, headache, conges-
ton, Npleurisy, rheumatism, lumbago,
pains and aches Of back or joints,
sprains, sore muscles, bruises. chill
blains, frosted feet, colds of the chest
lit often prevents pneumonia).
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10
CLOSE MOST SUCCESSFUL SEASON
WITH BANQUET AND CLEVER ADDRESSES

OBrien's Vets finished first in the
league and received prize for the su-
perior roofing skill Of Jimmie Fitz-
gibbons and Ray Lichtenfels held
high average Of 176 for the season.
Speakers pronounced it the finest
banquet the league has yet held and
it will be repeated at the close Of the
second season which begins Monday
with four teams.
Wants Women Entered.
Charles Klinger,' secretary Of the
league, believed It would be q good
plan to introduce q girl or two on
each team to help the averages Of the
grand ISLANDERS, while Phil Mercurio,
captain of the Santa Marias. told what
it means to carry a load, the load
having been, it is said, the most dill
gent speaker of the. evening. ]. P.
O'Brien. president of the league and
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10


Clever speakers, led by Father Duffy
OF st. Marys church, abounded last
night at the banquet with which the
Kaysee league of knights of Columbus
bowlers, closed its most successful
season. The banquet was held at the
Westcott hotel for 40 members of the
league.
One Of the head pin" hits Of the
evening was made by Frank Kiser,
grand knight Of the K of c., when he
told the bowlers the origin of bowling.
Tigers Share the Honora
The Tigers shared most generously
in the honors. They received second
prize for league standing and first
prize for high team score, 919. The
prize for highindividual score had Jack
O,Brien's name on it until the last
minute when his son, Pat" set new
peace for the family with 231 and rob-
bed his father of the honor. Jack
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10
captain of the Vets, told how 1t feels

captain Of the Vets, told how 1t feels
to wear laurels.
Ollie Often claimed that his team
was the victim Of every unusual score
made by the opposition. John Zwissler
decried the absence Of portly mems
team and invited Luke McTigue and
John Harrington to join him in form.
ing one. Jim Harrington. council lee
turer, practiced his business for q
short time. Talks also we're made by
Jimmy Fitzgibbons of the Vets, Will
Kinsella Of the Krawlers, Roy Miller.
proprietor of the city alleys and
others.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10
Rustlings of the Netting

Four thousand fans paid real money
to see a polo game at Chicago Sunday.
Roller polo, too
All of which goes to prove that
other centers beside the I. S. L. strong
holds appreciate the game.
In a communication to Bob Griffith,
the Quaker half back. Griff's former
team mates from Racine, intimate the
water is fine at Chicago :.
Griff, however, has no kick against
Richmond and will remain with the
Quakers.
Red Williams, brother OF Arthur
Williams, the Muncie rush, was the
star of the Racine Chicago game Sun
day. Red showed here with the AL.
Stars last spring.
{ Korzillus. Kantz, Reichert and E..
Schwartz, Racine talent that figured
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10
But You Must Drive It Out
of Your Blood to Get Rid
of II Permanently.

You have probably been in the habit
of applying external treatments, trying
ing to cure your Catarrh. You have
used sprays, washes and lotions and
possibly been temporarily relieved.
But after short time you had another
attack and wondered why. You must
realize that catarrh is an infection Of
the blood and to get permanent relief
the catarrh infection must be driven
out of the blood. The quicker You
come to understand this, the quicker
you will get It out OF. your system.
S. S. S., which has been in constant
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10
You Need Not
Suffer From Catarrh.

use for over fifty years, WIN drive tho
catarrhal poisons out of your blood.
purifying and Strengthening It. 90 It
will carry vigor and health to the
mucous membranes on its journeys
through your body and nature will
soon restore you to health. You will be
relieved of the droppings Of mucous
In your throat. sores In nostrils, bad
breath, hawking and splitting.
All reputable druggists carry S. 8.
S. In stock and we recommend you.
give It trial Immediately.
The chief medical adviser Of the
Company will cheerfully answer ALI
letters on the subject. There u no.
charge for the medical advice. Ad-
dress Swift Specific Company, 40
Swift Laboratory. Atlanta, Ga-Adv.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10
COURT FINISHES HEARING
OF A0AMSON MEASURE

WASHINGTON. Jan. 10.-Final a.
guments in the Adamson act test case
were heard by the supreme court to
day. With the closing address In b.
half Of the government by Frank
Hagerman of Kansas City. Mo-. special
assistant to the attorney general. the
case was to be submitted to the court.
The conclusion, it was expected, would
be reached shortly after O'Clock.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10
ALLisoN's TEAM PLAYS

EATON, O.. Jan. 10.-The Eaton Pi-
rates, Independents, are slated for a
mill with the Camden tossers in the
armory here Wednesday. Friday
night, Karl Allison's Eaton high
schoolers takes on -McGuny High, of
Oxford =.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10

A new light automobile Is driven
by the friction of drums at the ends
of its crankshaft against the tires of
its rear wheels, and is steered through
riyoted axles.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10
BRYSON,S I GOALS
TRA,MPlE ECONOMY

HAGERSTOWN, Ind, jan 1O-Sev-
en- field goals trapped by Forward
Bryson gave Hagerstown the punch
that hoored the Economy independ-
ents in the slambang basketball bill
here last night. Clements and Allen
were point winners for the losers.
The score:
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10
SEEDLINGS CAPTURE
KENTUCKY SERIES

knight and Ellis we're at their best
and the Seedlings made a complete
haul In the American Seeding League
session on the 'Y" alleys last night
The Kentuckys were thhe losers For
the Colonies Williams located the
alleys once in a while The scores:
kAAAs,aLr~so
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10
MUNcIE, 10: INDIANAPOLIS, 6

MUNCIE, Ind. Jan. 10-Muncie's
top heavy victory over the Indianap-
oils five at the Campbell auditorium
last night was the sum and substance
OF one Of the wieYdest polo games ever
played In Indiana, or the West for that
matter Everybody scored. Nobody
played polo, but II was an interesting
game at that.
Taking it for granted that Arlie
Mays work In the Indian pen was the
big factor In the downfall Of the Wis.
itors, It might not do any harm to
mention the fact that Freddus Pence
wasn't so bad as that he could not
stop enough to save his team from
being manhandled.
Muncie rung up three in the first
period while the Indians we're coming
through with A. blank. After that lead
had been rolled up. both teams seem
cd to lose their punch and the rest Of
the contest, vas played In semi
coma May missed the Muncie drives
at rate of one out Of three. Pence
managed to foozle EN- at rate Of
enc IN seven -
Individual scoring was led by
Wayne Farmer, Muncie captain, who
increased his goal totals by six. Lew.
is, With four; aud Williams with three
were big helps to their respective
brotherhoods: ,,, - -
The games in figures:
Muncic (to) Indianapolis (6
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1917-01-10
CITY LEAGUE fIVES
BATTLE FOR LEAD
IN EVENINGS BILL

Advance Bookings.
Jan. 13.-Eagles VS.. M..k.s.
Jan. 17-Kremos VS.. Eagles.
Jan. 20-Greeks VS.. M..k's.