The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1907-04-13
TO TEST employers
LIABILITY statute
ATTORNEY GENERAL ARGUES
BEFORE SUPREME COURT
THAT LAW is VALID.
ACT IN TWO CASES HAS
BEEN DECLARED VOID
Government Official Contends It IL
Carrier That Is Sought to Be Reg
ulated-Exhaustive Briefs Have
Been Filed.


was begun Wednesday in the supreme
court of the United States in the two
cases of Damsell Howard and n. c.
Brooks involving the constitutionality
of the employers liability law. holding
railroads engaged in interstate COM
merce responsible for damages to en-
ployes when caused by the neglect of
fellow employees or deficient appliances.
The cases have attracted wide atten-
ton and in both of them tho trial
courts held against the validity of the
statute.
Evans Decides Against Law.
In the Brooks case, Mrs. N. c.
Brooks. a citizen of Kansas, brought
suit against the Southern Pacific COM
pany in the United States circuit court
for the western district of Kentucky,
because the company is a Kentucky
corporation. to recover $4,000 dam
ages on account of the death Of her
son, killed in an accident while en-
ployed as a locomotive fireman on a
Southern Pacific train in Nevada. The
case was tried before Judge Evans. q
former member of congress. who held
the law to be unconstitutional. both
because it does not fall within the
scope of the authority given to con-
gress to regulate Interstate commerce
and at the same time it undertakes
to regulate commerce within the
states.
In the Howard case the suit was for
100000 damages. occasioned by the
accidental killing of the plaintiffs hus-
band while serving as fireman on
the Illinois Central railroad near Mem
phis. Tenn. The case was tried he
fore Judge Mccall in the United States
circuit court, northern district of Ten
nessee, who also held the law to be
invalid on the two grounds that liza
bility for accident cannot be regulated
| under the commerce clause of the con-
stitution and that, even if It could be,
the authority would not extend to the
regulation Of Interstate commerce,
was undertaken by the law.
Upheld by Attorney General.
The government was not at first a
| party to either of the suits, but since
the law has been attacked 1t has inter-
vened and the department of Justice
will be represented in the argument.
| The attorney general has filed an cX-
haustive brief in the case In which he
strenuously upholds the law.
On the point rs to whether congress
| has the power to regulate the instrll-
| mentality of interstate commerce the
attorney general contends that such
regulation is in line with the regula-
| tion of interstate commerce itself and
| he asserts that the courts have frc-
| quently recognized the power to regu-
late the liability of common carriers.
ut is difficult" he proceeds, Ito see
| why. if congress may regulate the
| liability of common carriers and others
| engaged in interstate commerce to
strangers, it may not regulate their
liability to their employees. the protec-
| ton of interstate commerce being as
much involved in the one case as in
| the other.
Must Protect Persons.
at would be strange, indeed, If 1T
should be held that congress can pro-
tect everything and everybody con-
nected with interstate commemorative
carrier, the passenger, the stranger,
the merchandisc-but could not pro-
tect the persons employed to carry it
on, those that bear the heat and bur-
den of the day.
From the foundation of the govern
mcnt the power of congress to regl-
late interstate and foreign commerce
has been construed to extend to the
regulation of the instrumentalities by
which such commerce is conducted,
and the regulation of such instrument
talties to include control over the per-
sons operating the same"
With reference to tho applicability
of the law TO railroad employees whose
duties are confined to one state, he
says:
1T is the carrier and not it's en-
plOyes that the act seeks to regulate,
and the carrier is subject to such reg
ulations because it is engaged in inter-
state commerce. 1t is submitted that
congress can make a common carrier
engaged in interstate commerce liable
to any one for it's negligence who is
affected by it, and if they can do that
necessarily it can make such carrier
liable to all of its employees"
Bullet in Brain; Walks a Mile.
New York, April 1l.-With bullet
in her brain Mabel Guy, the ten-year-
old daughter of Mr.. and Mrs. Charles
Guy of Middletown, n. Y. walked a
mile to Thrall hospital for treatment.
The girl was wounded by young
companion who was playing with a
pistol supposed to be empty At the
hospital an unsuccessful effort was
made to recover the bullet. The ply
sicans say the girl may recover.
stork's Visit Expected Next Week.
Madrid, April 1.-THE third week
in April is the time for the expected
accOuchment of Queen Victoria. Two