The Cairo bulletin., 1908-01-07
THE EMPLOYERS
LIABILITY Law
DECLARED UNCONSTITUTIONAL
BY THE U. s. SUPREME
COURT.
FACE OF THE STATUTE
Leaves Room For Argument That
Law is Exclusively Applicable
to Interstate Commerce
I Carriers Only

Washington, Jan. 6.-That the con
gressional bill known as the EN-
ployers Liability Law is not in ac
cordance with the constitution be
cause it goes beyond the bounds per
mitted in the regulation of interstate
commerce, was the conclusion reached
By the supreme court In deciding two
damage cases coming from the fed
eraI courts Of Kentucky and Tennes,
see. The decisio was announced by
Justice White, the court standing five
tc four against the law Even among
the five who voted not to sustain the
statute. there were different shades
Of opinion.
Following are the principal points
OF Justice Whites opinion:
"The act being addressed to all
common carriers engaged in inter.
state commerce, and imposing liza.
bility upon them in favor of any en-
ployee without qualification or re-
strcton as to business in which the
carriers or employees may be en-
gagged at the time of injury of neces
sity includes subjects wholly outside
of the power of congress to regulatn
commerce Without stopping to CON
slider numerous instances where, al
though common, carrier is engaged
in Interstate commerce, such carrier
may in the nature of things transact
business not interstate commerce, al
though such local business may in
directly be related to interstate com
mercs, few illustrations. showing oper-
alton of the statute, to matters wholly
Independent of interstate commerce,
will serve to make clear the extent
OF power which Is exerted by statute.
Take the railroad engaged in inter
state commerce, having purely To-
cal branch operated wholly within the
state. Take again the same road hay-
ing shops for repairs, and 1t may be
for construction work, as well as
large accounting and clerical force,
and having, it may be, storage ele
vators and warehouses, not to sug-
gest the possibility of its being en-
gagged in other Independent enter
prices. Take the telegraph company
engaged In the transmission of inter
state and local messages. Take the
express company engaged in local as
we'll as In interstate business. Take
the trolley line moving wholly within
the state a large part of its business,
and yet as to the remainder crossing
state lines.
"As the act thus includes many
subjects wholly beyond power to
regulate commerce and depends for
its sanction upon that authority. 1t
results that the act Is repugnant to
the constitution and cannot be en-
forced unless there be merit In the
propositions advanced to show that
the statute may be saved.
so far as the face of the statute
IL concerned. the argument is this,
that because the statute says car
riers engaged in commerce between
states, etc. therefore the act should
be- interpreted as being exclusively
applicable to Interstate commerce
business and none other of such car
riers, and that the words ANY en-
ploye' as found in the statute should
be held to mean any employee when
such employe is engaged in interstate
commerce. But this would require
us TO write into the statute words of
limitation and restriction not now in
it., But if we could bring ourselves
To modify the statute by writing in
the words suggested the result would
bo to retract the operation of the act
as to the District of Columbia and
the territories"