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8USTAIMM; ID A M SG \ ACT (<K*KT TAKES NEW OROl'M) J Tpholds the Eierht Hour Itailrond Law.?Five to Four, With Dissen tients Differing as to Reasons f?i Opposition. Washington, March 19.?In an epo chal decision holding congress to bt ^clothed with any and al power neces sary to keep open the channels 01 interstate commerce, the supreme court, five to four, sustained the Artumcnn bu- rons.r itutional ana '- enforceable in every feature. The immediate effect of this deci sion is to fix a permanent eight hour *>asic day in comparing wage scales od interstate railroads for which a oationwide strike twice has been threatened and to give, effective from -January this year, increases in wage* 1? trainmen of about 2-5 per cent., ai a* cost to the railroads estimated at tr'om $40,000,000 to $?0,000,000 a year. THe court, tnroagn sjnier jusnct "White, declared both carriers ana "their employes, engaged in a business charged with a public interest, sub ject to the right of congress to com jmlsory arbitrate a dispute affecting the operating of that business. "Whatever would be the right of An employe engaged in private busi ?ess to demand such wages as he de sires, to leave the employment if he tloes not get them and by concert of action to agree with others to leave jw t>i?> camo rrnnriition " a?id t.iift ODili ion, "such rights are necessarily sub ject to limitation when employment is accepted in a business charged with a public interest and as to whicJL the power to regulate commerce by con gress applied, and the resulting right to fix in case of disagreement and dis pute a standard of wages as we have " Dtrcu iij v caj>^^u. like Nation's Soldiers. In delivering the opinion the chief justice departed from hi9 written texi to emphasize the importance of oper ating trains in a time of national emergency by comparing the railroad men to soldiers facing an enemy. Coming on the heels of the conces-1 Fair List Prices Fair Treatn BLACK! Cr OODRICH'S backs up L small, with the s Either the tir makes good the C or Goodrich v/; square its shortci Goodrich wor forth tires, little a same watcmm p All are the best f; can be made. They are equ to fulfill the high service Goodrich tires. You take no chanc ANYTHING ELSE ir The B. F. Goodri AKRON, OH 7TBe t?n??i"?jmiiymaiare-[?th?ii^iw iiii * TEXTAN is a fibre sole NOT rubber. It is water proof, stub-proof, flexible, matches your shoes per fectly and outwears any leather sole you ever wore. Ask your dealer. $ V. U Go( Are sold in MctO sion of the eight hour basic day b\ the railroads at New York to uvea i the threatened strike, today's decis- ; i ion is regarded as largely supplanting that agreement and also removing : tor all time through the broadest in- ; : terpretation of congressional authon- j :y outlined by the court the proba bility of future transportation para-! . lysis. j ' Joining in with the chief justice ( in sustaining the law were Justices j McKenna and Holmes?his immediate, i seniors in point of service?and Jus < tices Brandeis and Clarke, junior! ; members. Dissenting for various rea- ; - sons were Justices Day, Vandeventei, j < Pitney and McReynoids. The majority upheld the public i 1 right to have interstate commerce uu-; i interrupted as a basic principle para-j ] mount to interests or the railroads 1 or their operatives?both declared to; ] be in public service and subject to the i supreme unrestricted power of con- j 1 gress to take any action necessary < to maintain freedom and uninterrup-j tion of interstate commerce. j ] Yalid Either w&yT 1j Either as a law fixing wages or j 1 hours of labor, the court decided con gress had authority to enact the Ad- * amson statute. < Concurring in the main principles! 1 enunciated by the majority, Justice [ 1 McKenna expressed the opinion that |1 the law is an bour of service and not 1 a wage fixing statute. He also sug-j gested increase of railroad revenue ' probably would be provided if wage " increase resulted. j J The dissenting opinions?Justices 1 Day and McReynolds delivering in- J ' Tloira anA Tlintl^Oe PitflfiV < UI V iuuax TXV/nu V MK/vtvvia ? and -Vandeventer joining in one an-: nouncement?variously asserted that | 1 the Adamson act is void because be- 1 yond constitutional powers of con gress, because it takes railroads' property without due process of law * or because it is not an hour of labor : statute or a legitimate regulation of : commerce. ! Justices Pitney and Vandeventer < denied that congress has power to fix i wages of common carriers' employes < ?a power upheld by the majority. 11 lent Knows 1 SAFETY TREAD FAIR TREATMEI ioodrich Tires, big a ame fairness to all. e, whatever its size Goodrich pledge, ants it back to t < t?* rrn ? Jl?l??l?^>. kmanship turns .nd big, v/ith the )ride and honor, abric tires that ally obligated standard of sets for its i a Goodrich Tire. $ 1 rn jdrich Ti Newberry Excl ^RDY MO Justice Day did not admit or denv such power, dissenting because, lie said, the law illegally takes railroad revenues and gives them to the train men by "arbitrary, illegal eongres sionai nai. Hook Decree Reversed. In upholding the statute the ma jority reversed Federal Judge Hook's decree enjoining its enforcement and dismissed the railroads' test suit, leaving the federal government free I to enforce the statute "under its | stringent penalties. Dismissal of i about 500 other railroad injunction suits will follow as a matter ot j course. Thp o.-3?re increase suataine/1 dates I back to January 1, when the Adam- j son act was mad? effective. Rail-! roads have been keeping account of; trainmen's wages due for prompt! payment upon today's decision. The! temporary wage increases are effeol tive under the law until the Goethals 1 commission reports, while the future j wage scales under permanent eight! tiour day standards will await either [ private or congressional action after i Lxie rtrpvi t. That the railroads -will ask either congress or the Interstate commerce commission to authorize rate in creases to meet the increased wage rwqrR entailed has been Dlainlv indi sated through all stages of the con troversy. Attorney General Gregory said to eight that the court's finding was nat urally gratifying to the government and added: "The decision disposes of the largest questions immediately in volved and will likely have a bearing Dn other issues which may develop.'' The majority opinion as devilered by Chief Justice White follows in ^art: ine mam ^ut>?uuu. " Was there power in congTess un der the circumstances existing to deal with the hours work and wages of railroad employes engaged in inter state commerce?' is the principal question here to be considered. "Its solution as well as that of 3ther questions which also arise will be clarified by a brief statement of iirTreatment Mo Size In Where You See This Sign Goodrich Tires are Stocked Ask Your Dealer for Them Manufactured by The B. F. Goodrich Company Akron, Ohio Branches ires lusively by WER [ the conditions out of which the con-' I troversy arose. j "Two systems controlled in March, 1916. concerning wages of railroad employes; one an eight hour standard j of work and wages with additional; pay for overtime, governing on about i I * ' I ! a stated mileage task of 100 miles to | be performed during ten hours with ! i extra pay for any excess, in force on | I about 85 per cent, of the roads." The decision recites that the broth erhoods in March, 1916, made formal | demand on the employers for wage in- j I creases for all engaged in the move- I ment of trains, except pa-s^enger ' trains. The terms of the demands, except those making article 1 appli-! cable to yard and switching and hosi ling service and one making the standard obligatory on the railroads,; but optional on the employes?as it' left the right to employes to retaiu j their existing system on any particu- j lar road if they elected?were out- i lired in Justice White's decision as j follows: The Eight Hour Law. "Article 1 (A)?In all road service j 100 miles or less, eight hours or less . i will constitute a day except in paa-1 senger service. Miles in excess ot j 100 will be paid for at the same rate j per mile. "(B)?On "runs of 100 miles or less overtime will begin at the expiration of eight hours. "(C)?On runs of over 100 miles j overtime will begin when the time on I duty exceeds the miles run divided j by 12 1-2 miles per hour. ! "(D)?All overtime to be computed i on the minute basis and paid for ai I time and one-half times the pro rata i rate. "(E)?No one shall receive less for j j eight hours on 100 miles than they j ! now receive lor a minimum day ori | 100 miles for the class of engine used ; I r\t? or>ck norfrvrmo^ i I\J I IU1 OvA T I w jJVy* iVl , "(F) Time will be computed con- j tinuously from time required for duty | i until release from duty ana responsi- j | bility at end of day or run. 1 "The employers refused the de- > | mand and the employes took steps to j call a general strike of all railroad : | employes throughout the wbole coun-j try." j Chief Justice White reviewed thfcj /-?/-> n rlitin-nc- u'lllVh Ipr? uri tr> the en-; actment of the Adamson law; the! court action brought by railroads to test that law's validity and then con- j tinued: "All the propositions relied upon, agreements advanced ultimately come! to two questions: "First, the entire want of cons^itu-j tional power by the statute, . a^id, J secondly, such abuse of the power Ifj Tv^Rspqiseri as rendered its exercise un- i v constitutional. We will consider the! subjects under different propositions! separately. (1) The entire want of' constitutional power to deal "with the! subjects embraced by the statute." J The Differing Yiews. Here the chief justice quoted the i full text of the Adarnson law and con- j tinued: "There must be knowledge of j | the power exerted before determin- j I in? where as exercised it was con-, stitutional and we must hence settle! I a dispute on that question before go-; I ing further., Only an eight hour! I standard for work and wages provid- j I ed is the contention on the one side I -I ? otiViotonpo nrilv Of ! I CL11U ill ."3 u uam 1?\_ ^ uu.j w- ~ i wages was provided is the argument1 | on the other. . . . Both provisions; j are equally mandatory. . .. . > "However, there'is this very broad j J difference between the two powers j ; exerted. The first, the eight houf j standard, the firing of the wage I standard ... is expressly limited to the time specified in section 2 (or tne law). It is expected, therefore, to ba not permanent but temporary, leav ing tie employers and employes free ! as to the subject of wages to govern | the relations by their own agreements j after the specified time. . . . "We put the question as to the eiffht hour standard entirely out of | view on the ground that the authority j to permanently establish it is so clearly sustained as to render the* subject not disputable." The chief justice tlien discussed the right of congress to create by execu tive action a standard or wages ior such reasonable time as It deemed necessary to afford an opportunity for the meeting of the minds of employ ers and employes on the subject of wages, and continued: Xeed for Action. "If the situation which we have described and with which the act of j congress dealt be taken into view . . . i it would seem inevitably to result that the power to regulate neces sarily obtained and was subject to be applied to the extent necessary to provide a remedy for the situa tion .... i j "This must be unless it can be said ; that the right to so regulate as to j I nmtnrt tViA mihlie interest did not apply to a case where the i destruction of the public right was imminent as the result of a dispute? between the parties and their con sequent failure to establish by private i agreement the standard of wages j which was essential, in other wordi that the existence of the public right and the public power to preserve it was wholly under the control of the private right to establish a standard! by agreement. Nor is it an answer to | vipu- to sueeest that the situation! mm WOMAN THIS How Vinol Made Her Strong Beallsville, Ohio.?"I wiali all ner rous, weak, run-down women could have Vinol. " I was so run-down, weak ind nervous I could not sleep. Every thing I ate hurt me, and the medicine I had taken did me no good. I de sided to try Vinol, and before long I sould eat anything I wanted and could nil V/vtrf f ft tiTnll on/1 an mgiii. jl oiii ncn strong, and in bettor health than I have been for years.?Mrs. Anna Millison', Beallsville, Ohio. We guarantee Vinol for all run-down, tveak and debilitated conditions. Gilder & Weeks. Druggists. New-j berry, S. C. I was one of emergency, and that emergency can not be made the source of power. The proposition begs the question, since although an emergency may not call into life a power which lias never lived, never theless emergency may afford a rea son for the exertion of a living power already enjoyed. If acts which, if done, would interrupt it not destroy interstate commerce, may be, by an ticipation, legislativly prevented by the same token to the power to reg I T t HERALD A! Woman's World 2 years Farm and Home, 1 year Resruiar V ALL, FOR C Our very Prices will soon be going i white paper an We want every family reading matter to take ac once, as we recommend th owing to the enormous inc facture, these magazines a subscription price very soo SIGN THE CO The Herald and News, Newberry, S. C.* Enclosed please find $ 1. the above list of publications. Name Street or R. F. D Town Excursion Fares "\ way System Fror Atlanta, ( Account International As; ets on sale June 15, 16 and 17 Macon, ( Account The Chautauqua Conference for Education and 17th to April 4th, inclusive wi 10th, 1917. New Orlean: Account Southern Baptis May ii to 16 inclusive with i 1917. Limit may be extended ticket and paying fee of $1.00. Washington, Account National Society, Revolution: tickets on sale Ap April 30th, 1917. W ashington, Account 27th Annual Ret] erans and 22nd Annual Reunic sale June 2nd to 7th inclusive 1 21st, 1917; extension until Jul; payment of fee of 50c. Proportianately re points. Call on local age ulate may be exerted to guard the cessation of interstate , threatened by a failure of j and employes to agree as to ; standard of wages, such standard j ing an essential perequisite to uninterrupted flow of interstate com m flr/io " I I Here the chief justice recounted at I length the previously acknowledged I | (CONTINUED ON PAGE 7.) 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