Show I LA VALID I e. e t 0 e 0 e. e 1 1 e. e s f HUling Bars kes I 1 1 JUDGES IN i 6 TO i r I VERDI CT 4 By In International News Service WASHINGTON ASHINGTON MardI March 19 Upholding Upholding lg the i right of of congress congre to legislate along any lines designed to m meet t a public public public-emer mer- mer gency the supreme court today by a a vote ote of to 6 G to i u P held ld the Adamson eight hour eight law for railway In its decision however the court made the most radical advance advance ad ad- vance ance in its its its' history when it ruled that the of public service organizations have not lot the right to strike in concert That right JJ declared Chief Justice White in ill enunciating what yet may be characterized as revolutionary law and lead di dire directly directly di- di re to public ownership of public utilities is is necessarily surrendered sur- sur rendered when the men are ale en engaged raged in public service The OH Y arc comparable to soldiers soldiers' in tile ranks who in jn th the presence of oJ cne- cne I tics nies of their country may not desert x The decision was not necessary inasmuch as the railway strike situation had been adjusted in New York e earlier in ill the da day Justices Pitney Day al and d Yand diss the majority majority ma- ma and held that the law last was a wage increase law and nd no proper regulation of commerce under the he constitution Justice McKenna concurring with the majority held held that it involved simply the thee fixing of hours of labor Justice Pitney for himself and Justice delivered a i dissenting opinion in which he expressed sed concurrence e in the view vie held by Justice Day that the Adamson law was unconstitutional be because because because be- be cause congress although confessedly not in possession of the information information in- in formation necessary for intelligent and just ju t treatment ent of t the f between carriers and trainmen arbitrarily imposed upon the he carriers an enormous cost of an experimental increase ase in in- wages without providing for any airy a compensation to be paid paid paid-in in case the investigation investigation in in- in should determine the impropriety of the increase Justice Pitney's Pilney's opinion further expressed the view of himself and ind Justice that the act was unconstitutional on the further urther and more fundamental ground round that it was not a proper and legitimate estimate regulation of commerce within the meaning of the con cop that it did dill not establish eight hours hour's as the limit of a aday's aday a aday's days day's work there being no prohibition of service in excess of f eight hours per day nor any p penalty nalty for overtime work that the act at merely I provided that eI eight ht hours sl shall all be treated as the measure of standard of a days day's work forthe o. o purpose PS o of reckoning th their r COl corn com for services ser and th that t tie the third section requires the railroads railroads rail- rail roads oads during a period of from of-from from eight to eleven cleven mouths months to pay to-pay t pay as much nuch for ei eight ht hours work as previously was paid for ten ten- hours work vork the effect being to increase w wages without the consent of the ther r railroads to the amount of many millions of dollars Justice Pitney y said that the act cannot be sustained as a regulation regulation regu regu- lation of commerce because it has no such operation or effect prescribes no to service to the public does not regulate the mode mode- in which service is to be performed or the safeguards to be placed about it or the qualifications or conduct of those who are per perform r form it The act simply steps in and prescribes how the money Y earned in iii the public service shall be divided betwee employers and the he said Stid That it cannot be sustained on t the tj theory that wages of ot trainmen will encourage prompt and efficient service because the increase is not conditioned upon f RAIL STRIKES KES PROHIBITED IN HOUR EIGHT HOUR RULING I I HIGH COURT MAKES I I THE MOST RADICAL I ADVANCE IN HISTORY I I I efficiency of service he be contended but benefits alike those who are efficient and those thos who are not Justices Pitney and V I I held also that tho the act ace cannot be sustained sun sus tamed as analogous to the tho power to fix rates of freight and anti fare or ot as a n nI I branch of ot that power and that tho the act I cannot be sustained as an emergency I measure for an nn emergency cannot create create create cre cre- ate a power nor excuse a defiance of ot otI I the constitutional limitations upon the powers of tho government Justice White on the contrary I frankly laid much stress on the condition condition condi condi- tion confronting congress when the law aw was enacted that the failure of ot the I I employers and to rt reach ach an anI I agreement between themselves as to toI I their waves and conditions had threatened threat threat- r enc ened the tho public with a tremendous de- de I of property a of ot business with starvation all amounting to a calamity I He lIe waved aside the contention that the law Jaw had received no real consideration I I tion at tho the hands hand of congress pointing lout out that as a a. matter of fact tact the de demands do- do mands mantis of ot tho the men had bad been considerably considerably considerably consider consider- ably modified by congress In drafting tho the law aw Ho cited the timo time and n R. half halt allowance for overtime which had b been en a is oart of ot this mod modification i Ho Mo p. pointed out ut that the hour eight-hour standard provision had been made permanent per ier- manent but that tho the provision for wages had only applied for tor a limited time until its operation could be ob obI oh- oh I served He cited the length e th of time from March until September that the controversy had been pending and the activity of the president before comI coming cornIng com corn I ing to congress in attempting to re reconcile rot ro- ro t condo concile tho the differences between the I roads and tho the men I The Tho majority opinion al also o brushed aside with a reference to the tho contention contention contention conten conten- tion that tho the law was discriminatory that it did not apply to employee of or electric roads and short steam stearn roads It n was pointed out that while this was true the tho law was passed to settle a controversy ersy which threatened the public pub pub- f lie lic and the law applied to the subjects l of ot the dispute To the contention that the tho penalties for tor violating the law I were trivial Justice retorted that there was no appeal pending be before before be- be fore the court as to the penalties and I tho the court always proceeded on the tho theory theory the the- ory that sufficient unto the thc da day is the tho evil thereof All of the attacks on the constitutionality I of ot tho the bill Justice White de declared tie tie- dared could be summarized in two statements That congress did not have ha the power pow pow- r er to enact the law and that even if the power were conceded the tho exercise of th the legislative function in this caseI case caso wa was wai accompanied b by such an absen absence e I of discretion as to render it Il repugnant I to tho broad guarantees of ot liberty and andI I I protection of f property in the tho I Justice Whito pointed out that the authority of congress to fix hours and wa wages es had bad been beon settled by the decision of the hour sixteen law which forbids the employment of ot trainmen In interstate interstate interstate inter inter- state commerce for more than hours continuously Therefore he said the tho el hour eight hour ht-hour provision of the bill would be put aside I and decision reached on the tho balance of or power of or congress to fix the thc wage schedule Tho The justice emphasized that I the right to agree l upon upon wages wag between employers and is In tho the very cry nature of things s a private right rig but called attention to the failure of the parties Involved ed to exercise that private private vate right and the appalling situation situation situation situa situa- tion ns as the president nt had pointed out outto outto outto to congress cons of that failure The Tho capacity to exercise the private right this Ulis right to agree on wages and conditions free from legislative Interference Interference interference inter Inter- ference said Justice White affords no ground for saying that legislative e power does docs not exist td protect the public Interest from tho the injury Injun resulting resulting resulting result result- ing from a failure to exercise tho the private private private vate right In sain saying this of course it is Js always to be he borne borno In mind that as to both carrier and that bene lent and ever er present safeguards safeguards safeguards safe- safe guards of the constitution arc applicable ble and and therefore both are protected against confiscation and against every even act of arbitrary power which If given effect would amount to a denial of ot clue due process or would ho bo repugnant to an any other constitutional right And this emphasizes that there thero is no question here of oC pure purely personal ri right ht since the tho law is concerned only with those who arc aro engaged In a n business business with a public interest where the subject subject subject sub sub- dealt with as to all the parties i ione is isone isone one involved in that business and which we have seen comes under the right to control such business if to do doso doso doso so Is appropriate or relevant ant to the business regulated |