The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-01-08
LAW IS KNOCKED OUT
Federal Supreme Court Kills En-.
ployers' Liability Act.
IS HELD UNCONSTITUTIONAL

Decision Declares Statute Attempts to
Regulate lntrastate Commerce and
Also Dealings Between the Rail-
roads and Their Employees.
Washington, Jan. In an opinion
by Justice White the supreme court
Of the United States held to be un-
constitutional the congressional enact.
ment Of June II, 1906, known as "the
employers liability law" making rail
roads and other common carriers re.
sponsible to employees in accidents
due to the negligence of fellow serv-
ants or to ineffective appliances. The
decision of the lower courts was
affirmed.
g There were two cases before the
court involving the question of the
validity of the law, enc of them being
the case of Damaselle Howard, ad-
ministratrix of her husband, Will
Howard, a locomotive fireman, who
was killed in an accident on the ILL
nois Central railroad near Memphis,
Tenn, and the other that of N. G.
Brooks, Administrative and mother of
Morris S. Brooks, fireman, who was
killed on the Southern Pacific road in
Nevada.
The Howard case was tried in the
United States circuit court for the
Western district of Tennessee, with
Judge Mccall presiding, and the
Brooks case in the United States cir
cult court for the Western district of
Kentucky, with Judge Walter Evans
on the bench. In the former case
DANCES amounting to $4,000 were de-
manded, while in the latter the sum
was fixed at $4,000. The railroads
fought both cases strenuously, both in
the trial courts and the supreme
court, and in each case obtained a ver-
dict against the compliments on the
ground of the unconstitutionality of
the law.
Invalid on Two Grounds. -
Judge Evans and Judge Mccall fol-
lowed the same line of reasoning in
reaching their conclusions, both hold
ing the law to be invalid on the dou>
BILE ground that congressional enact
ment could not be made applicable to
1ntrastate commerce, as they claimed
was undertaken in this law, and that
protection from accidents in inter-
state commerce could not be con-
novt 1f %
any kind. Both the Kentucky and
Tennessee decisions were affirmed by
Justice Whites opinion on the ground
that the law is not confined to the
regulation of the business of inter.
state carriers, but undertakes to reg
ulate their dealings with their EN-.
ployes. ~.
The decision has been expected
ever since the beginning of the recent
term of court, as the cases were ar.
gued last term, but the reason for de-
lay became apparent when the courts
conclusions were announced. 1t then
became evident that while Justice
White had been chosen to announce
the courts decision there were COM
paratively few of his colleagues who
we're agreed with him as to the argu-
ment by which he reached his con-
clusion and the result had been
reached with difficulty. The chief
Justice, Justice Brewer and Justice
Peckham Joined with Justice White in
the result arrived at, but they did not
follow him In. his assertion of the
power of congress to regulate the re-
latfon between master and servant.
Justice Day concurred in the decision.
Justice Moody dissented entirely,
holding that the law is constitutional
on all points. He expressed the opin-
ion that congress had the general
power to pass the act and the courts
position was an interference with the
domain of the legislative branch OF
the government.
Justices Harlan and McKenna unite
in an opinion affirming the constitu-
tionality of the act, holding it to be
applicable only to employees engaged
at the time in Interstate commerce.
Justice Holmes also delivered a brief
dissenting opinion. Summed up the
court stood five to four against the
constitutionality of the law.
Indictment ALLEGES FRAUD