The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1917-03-20
Congress Has Power to Keep
Open Channels Of Inter-
state Commerce.
SUPREME JUSTICES
DIVIDED, 5 TO A
25 Per Cent Wage Increase
Results Compulsory Ar
bitratiOn Justified.

Washington, March 19.-in an epoch
al decision holding congress to be
clothed with any and all power neces-
sary to keep open channels OF inter-
state commerce, the supreme court to-
day, dividing s to 4. sustained the
Adamson law as constitutional and en-
forceable in every feature.
The immediate effect of the decision
will be to fix permanent s-hour basic
day in computing wage scales in inter-
state railroads, for which a nation
|wide strike twice has been threatened,
hnd to give, effective from January i,
this year, increases in wages to train
men of about 25 per cent at a cost to
the railroads estimated at from $40,-
100000 to $50,000,OO0 a year.
Compulsory Arbitration.
The court through Chief Justice
White declared both carriers and their
employees, engaged In business
charged with a public interest, subject
TO the right Of congress compulsorily
10 arbitrate a dispute affecting the
operating of that business.
Whatever would be the right of an
hmplove engaged in private business
o demand such wages as he desires,
o leave the employment if he does
bot get them, and by concert of action
to agree with others to leave on the
lame conditions" said the opinion,
such rights are necessarily subject to
limitation when employment is accept
d in business charged with public
interest and as to which the power to
egulate commerce by congress applied
nd the resulting right to fix in case of
disagreement and dispute a standard
+ wages as we have seen necessarily
obtained"
In delivering the opinion the chief
Justice departed at this point from his
written text to emphasize the position
t men operating trains in time of
ational emergency by comparing them
0 soldiers facing an enemy.
Supplants Agreement.
ession of the S-hour basic day by the
hilroads at New York to avert the
threatened strike, today's decision is
egarded as supplanting that agree
bent and also removing for all time,
hrough the broadest Interpretation of
ongressional authority outlined by the
|ourt, the probability Of future trans
ortation paralysis.
Joining IN with the chief justice in
astaining the law were Justices Nc
jenna and Holmes-his immediate
eniors in point of service-and Just
Fes Brandies and Clarke, junior men,
ers. Dissenting for various reasons
ere Justices Day, Van Devanter, Pit
ey and McReynolds.
The majority upheld the public right
have interstate commerce uninter-
lpted as a basic principle paramount
interests of the railroads, or their
peratives-both declared to be in pub
G service and subject to the supreme
nrestricted power of congress to take
ny action necessary to insure freedom
nd uninterruption of interstate COM
erce. Either as law fixing wages or
ours of labor, the court decided
pngress had authority to enact the
damson statute.
Right to Regulate.
"The public interest begets a public
ght of regulation to the full extent
ecessary to secure and protect it,
lid the opinion. adding that in the
nergency of threatened destruction
lspension of national transportation
pngress acted within it's powers in
roviding a wage standard and other
cans necessary to protect the public
terests. 7=e5as =
1t also declared that the Adamson
et is neither unworkable, confiscatory
kperimental nor in excess OF con-
ressional railroad authority, but In
feet, was compulsory arbitration, a
pwer (which congress undoubtedl,
pssessed' and Inevitably resulted
ON it's authority to protect interstate
pmmerce in dealing with situation
ke that before it."
Concurring in the main principles
hunciated by the majority. Justics
FcKenna expressed the opinion thai
be law is an hours Of service and no.
fixing statute. He also sug
ested Increase of railroad revenu,
rohably would be provided if wage in
eases resulted.
Dissenting Opinions.
The dissenting opinions-Justice
|ay and McReynolds delivering indi
dual views and Justices Pitney ant
an Devanter joining In an annoilnce
ent--variously asserted that tn,
damson act Is void because 1T goe'