The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-01-11
CONCESSIONS MADE|LAW DECLARED VOID
EMPLOYERS LIABILITY ACT HELD
UNCONSTITUTIONAL eY
HIGHEST COURT.
Opinion Rendered by Justice White
and concurred in by Four Others
Justice Moody Vigorously Dissents
and Is Joined by Three Others
Many Shades Of Opinion.

Washington, Jan. I'm an opinion
by Justice White, the supreme court
of the United States held to be I'M
constitutional the congressional en-
actment of June II, 1906, known as
the employers liability law, making
railroads and other common carriers
responsible to employees in accidents
due to the negligence of fellow SER
wants or to ineffective appliances.
The decision of the lower courts was
affirmed.
The decision rendered was in suits
for damages-one being the case Of
the widow of Will Howard, who was
killed in an accident near Memphis;
the other that of the mother of Nor
ris S. Brooks, fireman, killed on the
Southern Pacific, in Nebraska. In both
cases the railroads obtained verdict
against the compliments on the
ground of the unconstitutionality" of
the law. Both decisions were affirmed
by Justice White on the ground that
''the law is not confined to the regula-
ton of the business of interstate car
riers, but undertakes to regulate their
dealings with their employees"
Chief Justice concurs.
The chief justice, Justice Brewer
and Justice Peckham joined with JUS
tice White in the result arrived at,
but they did not follow him in his
assertion of the power of congress to
regulate the relation between 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 affirm
ing the constitutionality of the law,
but holding it to be applicable only
to employees engaged at the time in in
terstate commerce, and not those en-
gagged in the state only in which the
accident happened.
Justice Holmes also delivered a
brief dissenting opinion.
Summed up, the court stood five to
four against the constitutionality of
the law, Justices Harlan, McKenna,
Holmes and Moody sustaining the val
idity and the other members of the
court holding the opposite position.
Opinions Shade. n
Among the five who voted not to
sustain the statute there were differ
ent shades of opinion.
Following are the principal points
from Justice Whites opinion:
The act being addressed to all com.
mon carriers engaged in interstate
commerce, and imposing a liability
upon them in favor of any of their
employees without qualification or re-
striction 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 out
side of the power of congress to regu-
late commerce.
AS the act includes many subjects
wholly beyond the power to regulate
commerce and depends for it's sane
ton upon that authority, it results
that the act is repugnant to the con-
stitution and cannot be enforced iun-
less there be merit in the PROPOSE
lions advanced to show that the stat
ute may be saved.
Courts Argument.
$50 far as the face 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 apple
able to interstate commerce business,
and none other of such carriers, and
that the words amy employee as found
in the statute should be held to mean
any employee when such employe is
engaged only in interstate commerce.
But this would require us to write into
the statute words of limitation and re-
striction not now in it. But if we could
bring ourselves to modify the statute
by writing in the words suggested the
result would be to restrict the opera
ton of the act as to the District OF
Columbia and the territories.
Concluding as we do, that the stat
ute, while it embraces subjects within
the authority Of congress to regulate
commerce, also includes subjects not
within it's constitutional power, and
that the two are SO interblended in the
statute that they are incapable Of
separation, we are of the opinion that
the courts below rightly held the stat
ute to be repugnant to the constitu-
ton and uncomfortable and the judg-
ments below are, therefore, affirmed.
Mining Men to Meet in Seattle.
Seattle, Jan. flames F. Call
breath, secretary Of the American Min
ing Congress, has forwarded to John
w. Troy. acting secretary Of the Alas
ka Club. q COPY of the resolution