Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-06-02
Employers Liability Act Held
Constitutional Here,
BUT NOT so ELSEWHERE
Local Appellate Court Passes Upon
Case.
LOCAL DECISIONS
But None as Important as This.
Opinion Delivered by Chief
Justice Shepard.

ne employers llablllty act approved
June II. 1906. which the United States
Supreme Court. in January last, held
repugnant to the Constitution of the
United States and memorable in the
states. was today held constitutional as
to the District Of Columbia by the Court
of Appeals. In an opinion by Chief
Justice Shepard the court declares that
as the legislative power Of Congress is
plenary for the District its power ex-
tends to the regulation of all commerce
of whatsoever nature that may be car
ried on within it's boundaries.
The decision was rendered on the ap-
peal of Chrstiana Hyde. Administrative
of Richard Hyde. who sued the Southern
Railway Company to recover $4,000 for
the death of Hyde. an employee of the
company The District Supreme Court
sustained a demurrer by the company,
following the United States Supreme
Court decision. The appellate court re.
verses the action of the lower court and
remands the case for further proceed
ings.
The appellate court held that the pro-
visions OF the act relating to the District
of Columbia were clearly separable from
the provision relating to the states. and
that it could be fairly inferred from the
language of the act that Congress in
tended to exercise as we'll Its plenary
power In respect to the District OF CO.
lumbia as it's power to regulate commerce
under the Constitution.
The amount of recovery under the stat
ute is also held to be unlimited and unaf-
fected by section 1901 of the code. which
limits recovery for a death to $4,000.
District Law Control.
The appellate court in an opinion by Mr..
Justice Robb sustains the finding of the
District Supreme Court in a number Of
cases filed against the Washington Ma
tional Building and Loan Association.
The court holds that the contracts under
which loans were made by the association
in Virginia. West Virginia and Pennsyl-
vania must be controlled by the law Of
this District. The company contended
that the laws Of Virginia and West Vir-
ginia should govern.
Justice Van Orsdel wrote the opinion of
the Court of Appeals affirming the action
of jury Of condemnation. assessing bene-
fits against Garfield Memorial Hospital for
the extension of 18th street.
The hospital claimed exemption from
taxation. but Justice Van Orsdel says the
lower court was without jurisdiction to
IF the hospital is exempt" says the
court. "or IL the District Commissioners.
under the tenure by which the hospital
holds the lands. are obliged to assume the
assessment, then that question can be dis
posed OF later
Appeal Affirmed.
The appeal of the Moore Printing Type
writer Company and others against the
National Savings and Trust Company
and the American Paragraph Company
was affirmed in an opinion by Mr.. Justice
Van Orsdel. The appellants sought to
hold some $4,000 shares of the stock of
the Paragraph company and to prevent
the national Savings and Trust Com
pany. the trustee under a pooling agree
ment from resigning as trustee and turn
ing the stock over to the New York
Trust Company. a new trustee desg-
mated by the certifics te holders.
Attorneys who are notaries public
whether for the District OF Columbia or
for any state. may not take the oaths Of
applicants for patents or verify any
partment of the government when they
are of counsel or in any manner inter-
ested in the case in question. This rul-
ing was made by the District Court Of
Appeals in a decision affirming the ac-
ton of the commissioner Of patents in
reference to the registration of a trade
mark.
The case Is known as Halls Safe Com
pany against the Herring Hail. Marvin
Safe Company. Chief Justice Shepard
wrote the opinion.
Some Other Decisions.
Other decisions were filed as follows:
Metropolitan Life Insurance Company
VS.. Charlotte Hawkins. affirmed; w. +.
Spier, ct al. VS.. United States. use OF
Tradesmen's Trust Co.. affirmed; Bend
helm agt Pickford affirmed; New York
Continental Jewell Filtration Co. against
Jacob Karr. reversed; Johnson agt
Bryan. affirmed: Ehrer agt. Star Brewery
Company. affirmed: Nell agt Midgley
affirmed: Andrew Mclean Company agt
Adams Manufacturing Company, az
firmed: Macarthur agt. Mygatt. affirmed
Levy agt. Uri. reversed: application OF
Thomas D. Taylor. affirmed: application
of Thomas s. Mason. affirmed: applica-
tion of Herman w. Faber. affirmed
Smith agt. Foley ct al. affirmed.