New-York tribune., 1907-01-03
TO FIGHT DECISIONS.
LIABILITY LAW CASES.
officials BeieJe Other Important
pleasures May BE Effected.
From The Tribune Bureau. J


Washington. Jan. THE Department of Jus
tice is exercised over the two decisions declar-
ing unconstitutional the Employers Liability
law passed the last session Of Congress. The
first of these adverse decisions were handed
down by Judge Evans in the United States Dis
trict Court for the Western District of Ken
lucky. Monday and the second. which was
handed down yesterday at Memphis, was by
United States District Judge Mccall.
In both instances the defendants were railway
companies and in both the government appeared
on behalf of the plaintiffs Each case involved
the liability of railways, as carriers of inter
state commerce. for injuries sustained by en-
ployes- The government represented in
both cases 10y William r. Barr. a Special Assist
ant Attorney. OF course the government was
not directly interested. but the principle in
VOWED. the right of the federal government to
leSislate on all matters affecting carriers en-
gagged in Interstate commerce. was deemed so
important that the Attorney General believed
it wise 10 pray-that the government might join
issues with the plaintiffs
The decision i'm the Kentucky court was not
altogether unlocked for. as Judge Evans is re-
Earded exceedingly conservative I'm his views
on the scope of federal Jurisdiction but that the
decision OF Judge Mccall should virtually confirm
that of Judge Evans great surprise. and
it occasioned little anxiety for the constitu-
tionality of the Railroad Rate law. and the Pure
Food law and other measures which, on the sur
/ face at least. seem to he based on the same
principles those involved in the Liability Law
| OF course. officials of the department. however
much they fear it. unwilling to express
/ themselves certain that the same reasoning
| would hold the Rate law the Pure Food law and
! the Meat Inspection law 10 be unconstitutional
Steps will doubtless be taken at once 10 appeal
IN tha mi tad Srat
/ The point involved is regarded largely Il
| question of state rights. and effort will be
! made 10 obtain a decision from the Supreme
! bench before the summer recess. Meanwhile.
/ thr outcome of the appeals will he watched with
the utmost interest.
There is some question whether Justice Moody
viii feel that ne sit this should it
come UP the Supreme Court. officials Of the
Department of Justice unwilling to say
day whether not Mr.. Moody. while Attorney
General. had expressed any opinion regarding
the Liability law or whether he had person
ally ordered Assistant Attorney Barr TO appear
in the proceedings. but they did say that If the
former Attorney General had done either he
| would certainly cuse himself when the case
came before the supreme Court
The administration is intensely interested IN
the Employers Liability law" prominent Off
ciaI of the Department of Justice said to-day.
and will doubtless ask to he heard in its sup
port by the Supreme Court Of the United States.
The President and the Attorney General were
much disappointed and considerably surprised To
learn of the adverse decisions by District
judges In Kentucky and Tennessee. and both be-
Iieve that the Supreme Court VIII take the Oppo-
site view as 10 the Constitutionality of the law
IL is fully expected that the supreme Court
will view these cases in the same light il did
the Johnson safety appliance case. in which the
government although not directly interested. was
permitted appear