The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-31
"A Southern Judge on States
RIGHTS.

The Times-D Dispatch has been favored
by Judge Emory speer, Of the United
states Circuit Court Of Georgia, with
transcript of a recent opinion by him on
the constitutionality Of the Federal "em-
ployers' liability act" This act provides
that every common-law carrier engaged
in interstate and foreign commerce SHAH
be liable to any Of Its employees, or, IN
case of death, to next Of kim for dam
ages which may result from the negll-
gence Of co-cmploye, and contributory
negligence is no bar to recovery. Two
United States judges had already held
that the act was unconstitutionul but
| Judge Speer takes different view, ana
upholds the law in every particular.
! The case under view was a suit brought
! against the Central Railway of Georgi'
| by the widow of brdgeman, who was
killed while engaged in repairing bridge
| on the line of the road in Alabama,
through the negligence Of other employees
Of the company.
TO the declaration of the plaintiff the
defendant dcmurred on several grounds,
mainly the following:
First-Because the act Is not a regu~,
I lation Of commerce within the meaning
OF the commerce clause of the Consti-
| tuition.
| Second-Because said act If it be a
| regulation of commerce, is not limited to
commerce with foreign nations, or among
1 the several States or with the lndnn3
| tribes but extends as we'll to interstate
\ commerce.
Third-Because interstate and ntra-
state employees are so comminglcd by
this act that it is impossible to make It
apply only to interstate employees. unless
| the court reads into the act something
| which Congress has not put there, and
this the court may not do.
The demurrer on all grounds was over
ruled
in violation of the Constitution, basing
his decision largely upon tho ruling OF
the Supreme Court. that when that court
is called upon to consider whether ali act
Of Congress Is within the constitutional
i authority Of that department. due respect
for the coordinate branch OF the gov
1 ernmcnt requires that tho court shall
decide that 1t has transcribed its powers
only when that is so plain that the court
| cannot avoid the duty. In other words,
Judge speer realiirms the doctrine that
all reasonable judicial doubts must be
4 resolved In favor of the law, and that
the courts will not adjudgc an act Of
Congress invalid unless the violation OF
the Constitution be clear and unmistuk-
able. Judge Specr holds that the power
of courts to regulate the conduct Of rail-
road companies with reference to their
csta blishcd power which courts exercise
In respect to the duties OF shpowners
and senmcn. lie thinks 1t absurd to con-
tend that Federal regulations may be APP
piled to machinery OF interstate roads
and TO commodities. and not to the nor
who handle the machinery and commodl-
Il ties.
In conclusion Judge Speer says that nc
Is clear as to the constitutionn!ty OF this
measure, but even If he We're In doubt
he would uphold the law. 1T Is II par
Of that splendid, practical philosophy o
= !
for the betterment of mankind, III,
!, statesmen who dealt with this question
b did not deal with distinctions The,
o We're not enchanted with those flowers
n and BLOSSOMS which arc sometimes wovei
I into garlands to crown that divinity
y the sovereign State. Like Lord Bacon, II
a tie 'Novum Orsanum' and other works
q written to amelorate the hardships o
y life, they were after fruit"
a lie declares that no court has gone fur
= ther than his court in the maintenance
!, Of those State rights which arc ''prac
!, deal and valuable" but In this case Ii
holds that no right proper to the STATE
or any of It's instrumentallties Of govern
= inent, is drawn into question, "Dlsqui
y sitions upon prohtless, inutlle or imagi
: nary reserved fights have never bee
y charming to the writer he adds. "Suc