Evening star., 1934-08-13
Restraining Order Hearing
Delayed to Wednesday
by Justice Proctor.
BOARD is FORBIDDEN
TO ACT IN MEANWHILE
Counsel Charge Constitution and
Fifth Amendment Are
Violated.

The major railroads Of the country
today united to attack the const-
tutionality Of the railroad retirement
act, passed last June, asking the Dis
trict Supreme Court to enjoin its en-
forcement.
Justice James NJ Proctor, after
hearing the plaintiffs. postponed until
Wednesday a hearing on temporary
restraining order. with the under
standing that the Railroad Retire
ment Board would not act in the
meantime to alter the status quo.
Counsel for the 1877 railroads joining
in the action contend the law. a major
experiment in social legislation, vio-
lates the interstate commerce clause
Of the Constitution and the fifth
amendment, in that it deprives them
Of property without due process Of law.
1,OO0,0o Affected by Act.
More than 100000 railroad workers
are affected by the act, which re-
quires segregation of 500 1000, 900 dur
ing the first year for annuity pur-
poses. The roads will have to pay
two-thirds of this sum, the balance
being paid by the employees. These
payments will be increased annually.
Pointing out approximately 10000
miles of railroad are now in the hands
Of receivers and that all roads are
receiving decreasing revenues as
result of increased competition, the
plaintiffs say the additional financial
hiIrdans iY13rOead rfF10Y1 than, kxy ka
act may have disastrous consequences.
Declaring the railroads should not
be singled out for experimental leg
islation" of this sort, the petition
says:
THE employees Of plaintiffs have
no popularity of age, physical or
mental condition, or other charac-
teristics distinguishing them from
members of society generally. The
selection Of carriers employees as the
benefciaries Of compulsory pension
system ,Iayable by the carriers. is be-
yond the power Of Congress, is arbi-
trary and deprives plaintiffs Of their
property without due process Of law.
and imposes upon them q burden
which, If it exists at all, should be
SSAAC Wy oOO4CIy oo . W14O1C.
Retirement Compulsory.
The act, 1t was said, calls for COM
pulsory retirement of employees at the
age Of IS. which may be extended by
agreement to 10. Employees are also
eligible for retirement after 80 years
Of service.
The plaintiffs contend an employe
might serve 80 years, retire and 90
into some other business and still be
eligible for an annuity at IS years Of
age. They also contend the age re-
quirements would tend to deprive the
roads of their older and more expert
enced employees, even though they may
be physically capable of rendering
valuable services for longer periods of
time.
Attorneys for the carriers stressed
the following paragraph in the act:
This act shall be administered and
construed with the intent and to the
purpose Of providing the greatest
practicable amount of relief from un-
employment and the greatest possible
use Of resources available for said pur-
pose and for the payment of annui-
ties for the relief Of superannuated
employees"
Jobless Relief Is Held Aim.
This, they contend, clearly shows
the act was designed as an unemploy-
ment relief measure, although Con-
gress allegedly acted under its con-
stitional authority to control and
regulate interstate commerce.
They also contend that at least 200,-
600 employees Of the roads, receiving
a total annual income of 300,000,0 900,
are covered by the provisions Of the
act, although their services are in no
wise related to interstate commerce.
TrNyT0N xTCAn cTrppurSrn