Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-01-07
LIABILITY LAW HELD
Unconstitutional,
United States Supreme Court Bench De-
cides Against the Statue, Although
the Finding Is Not Unanimous.

Washington, Jan. 6.-That the Con-
gressional act known as the Employ
ers' Liability Law" is not in accordance
with the Constitution of the United
States because it transcends the regu-
lation of interstate commerce, is the
conclusion reached by the supreme
court of the United States in deciding
two damage cases coming to the
court from the federal courts of Ken
lucky and Tennessee, which We're
brought under the provisions of the
law. The decision was announced by
Justice White, the court standing five
to four against the law. Even among
the five who voted not to sustain the
statute, there We're different shades of
opinion. Much interest was manifest
ilr the result of the courts delibera-
tions. Following are the principal
points in Justice Whites opinion:
"The act then being addressed to all
common carriers engaged in inter-
state commerce, and imposing q liza
bility upon them in favor of any of
their employers without qualification Or
restriction as to the business in which
the carriers or their employers may
be engaged at the time of the injury,
OF necessity includes subjects wholly
outside of the power of Congress to
regulate commerce. Without stopping
to consider the numerous instances
where. although a common carrier is
engaged in interstate commerce such
carriers may, in the nature of things
also transact business not interstate
commerce, although such local busi-
inIirnctIU ha ralatn1 in.
terstate commerce, a few illustrations
showing the operation of the statute
as to matters wholly independent of
interstate commerce will serve to make
clear the extent of the power which is
eXerted by the statute.
Take a railroad enga ged in inter-
state commerce, having a purely local
branch operated wholly Within 4
state. Take again the same road hav-
ing shops for repairs, and it may be
for construction work, as we'll as a
large accounting and clerical force,
and having, it may be, storage eleva-
tors and warehouses, not to suggest
besides the possibility of its having
engaged in other independent enter
prises. Take telegraph company, en-
gagged in the transmission Of interstate
and local messages. Take an express
company engaged in local as well as
interstate business. Take a trolley line
moving wholly within a state as to a
large part Of Its business, and as to
the remainder crossing the state line.
LAS the act thus includes many sub
jects wholly beyond the power to reg
ulate commerce and depends for its
sanction upon that authority it results
that the act is repugnant to the Con-
stitution and cannot be enforced unless
there be merit in the proposition ad-
| vanced to show that the statute may
be saved.
$50 far as the force Of the statute
| is concerned, the argument IS this, that
because the statute says carriers en-
| gagged in commerce between the states
etc, therefore, the act should be- in
| terpreted as being exclusively appli-
| cable to the interstate commerce busi-
ness and none other Of such carriers
and that the words any employees
where found in the statute should be
held to mean any employe when such