Daily press. [volume] (Newport News, Va.) 1896-current, 1908-01-07
THE LIABILITY LAW
UNCONSTITUTIONAL
Supreme Court Of The United Sla.
les Renders Decision Of Far
Reading Importance
GREAT V,CT0aY FOR CORPORATIONS
Majority of the Justices Hold That
the Law Goes Beyond the Bounds
Permitted in the Regulation of
Interstate commerce-oeclslon of
Bench Far From Unanimous.
(Dy Associated rressl

Wy Associated PreSG)
WASHINGTON, ID. c., Jan. 6 =
That the congressional act of June
l1l, 1906, known as the employers
liability law" is not in accordance
with the constitution OF the United
States, because 1t goes beyond the
bounds permitted in the regulation
of Interstate commerce, was the con-
cluslon reached by the Supreme
Court OF the United States in decid-
Ing two damages cases coming to
the court from the Federal Courts
of Kentucky and Tennessee, which
We're brought under the provision of
the law. The decision was announced
by Justice White and reached bv the
narrow margin of one. the court
standing five TO four against the law.
Even among the five who voted to
sustain the statute, there were diff
ferent shades of opposition. Much
interest was manifested In the re-
suit OF the courts deliberations. hut
attorneys generally RETAINED from
comment.
me law in question makes railroads
and Other common carriers resonsi-
BILE to employees in accidents due TO
the negligence of fellow servants or
ITO ineffective appliances. The de-
cision of the lower courts was af-
hrmed.
Two Cases Involved.
There were two cases before the
court, involving the question OF the
validity of the law, one of them be-
ing the case of Damille Hoardo. adj
ministrateiN of her husband. viii
Howard. n locomotive fireman. who
was killed in an accident on the
Illinois Central road near Memphis.
! Tenn, and the other that of N. G.
Brooks. administrators, and mother
or Morris S. Brooks a fireman. who
f, 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
! circuit Court for the Western Dis.
TIC OF Kentucky, with Judge Walter
I evans on the bench. In the former
case damages amounting to s25,0OO
were demanded. while in the latter
the sum was fixed at $4,000. The
railroads fought both cases strenu.
ously both in the trial courts and
IN the Supreme Court and in each casa
obtained verdict against the com
plainsnt on the grounds Of uncon-
stifutionality of the law.
Judge Evans and Judge Mccall .ol-
lowed the same line of reasoning in
their conclusions. both holding the
;; law to be invalid on the double ground
that congressional enactment could
not be made applicable to interstate
commerce as they claimed was I'M
, certaken in this law ana that pro-
lection from accidents in interstate
commerce could not be considered as
any part of commerce of any kind
Different Views of judges.
Both the Kentucky and Tennessee
decisions were affirmed BY Justice
whites decisions on the ground that
the law is not confined to the regu-
lation OF the business OF Interstate
carriers. but undertakes to regulate
their dealings with their employees.
The decision has been expected ever
since the beginning of the recent term
of court as the cases were argued last
/ term
Chief Justice Fuller. Justice Brew
er and Justice rerkham Joined with
Justice White in the result arrived
at but they did not follow him in
his assertion of the power of Con-
gress to regulate the question between
master and servant.
J Justice Day concurred in the de-
cision. Justice Moody dissented en-
tirely. holding that the law Is con-
stttutional on all points. He express
ed the opinion that Congress had the
general power to exercise the act AMI
! the courts position was an interior
enee with the domain with the ex-
ecutiye branch of the government
Justices Harlan and McKenna united
In an opinion Affirming the consii-
tutlonaFtv of the act. but holding /,
to 30 applicable only to employees en-