Los Angeles herald., 1908-01-07
HARRY THAW SLAYER OF WHITE BEGINS SECOND FIGHT FOR LIFE
EMPLOYERS LIABILITY
BILL IS DECLARED
INVALID BY COURTS
Supreme Court Holds Unconstitutional
Measure Giving Protection for
Laborers Working for
Corporations

By Associated Press.
WASHINGTON, Jan. 6-That the con-
gressional act known as the employers
liability law is not in accordance with
the constitution of the United States, be-
cause 1t goes beyond the bounds permitted
in the regulation of interstate commerce,
was the conclusion reached by the su-
preme court of the United States in de-
Gliding two damage suits coming to the
court from the federal courts of Kentucky
and Tennessee, which were brought I'm
der 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
were different shades of opinion.
Following are the principal points from
Justice Whites opinion:
1.-The act being addressed to all COM
mon carriers engaged in interstate COM
merce and imposing liability on them
in favor of any of their employees with
out qualification or restriction as to the
business in which the carriers or their
employees may be engaged at the time of
the injury, of necessity includes subjects
wholly outside of the power of congress
to regulate commerce.
GAS the act includes many subjects
wholly beyond the power to regulate COM
IHGIC6 anu QGp6iluS lOT IT'S SduCliOu upon
that authority, it results that the act is
repugnant to the constitution and can
not be enforced unless there be merit IN
the propositions advanced to show that
the statute may be saved.
so far as the face of the statute is
concerned, the argument is this: That
because the statute says carriers engaged
in commerce between the states, etc :,
therefore the act should be interpreted
as being exclusively applicable to the in
terstate commerce business and none 9TH
er of such carriers, and the words any
employee as found in the statute should
be held to mean any employe when such
employe is engaged only 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 re-
suit would be to restrict the operation of
the act as to the District of Columbia
and the territories
Both decisions were affirmed by Justice
White on the ground that the law is not
confined to the regulation of the business
Of Interstate carriers, but undertakes to
regulate their dealings with their en-
Dloyers. Chief Justice Brewer and Jus
tice 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 relation be-
tween master and servant.
Justice Day concurred in the decision
Justice Moody dissented entirely. holding
that the law is constitutional on all
points.
Justices Harlan and McKenna united
IN an opinion affirming the constitution
ality of the act but holdingkit to be ap-
IL IL
lime in interstate commerce and not to
hose engaged wholly in the state in
which the accident happened. Justice
Holmes also delivered brief dissenting
opinion.
Summed up. the court stood to
against the constitutionality of the law.
Justices Harlan, McKenna, Holmes and |
Moody sustaining the validity and the |
'ther members of the court holding the
opposite position.