Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1908-01-09
THE Law IS VOID
Employers Liability Act Declared
Unconstitutional by FEEDER
v. al Supreme Court.
JUSTICES WERE DIVIDED
Moody DIssented Entirely Holding
the Act Valid on All Points,
Others concurred Only
In Part.

Washington, Jan. lin an opinion
BY Justice White in the supreme court
Of the United States Monday held to
be unconstitutional the congressional
enactment Of June II, 1905, known as
tho "employers' liability law" max
ing railroads and other common car
riers responsible to employees In &C
cidents due to the negligence Of fel-
low servants or to ineffective appll-
ances. The decision Of the lower
courts was affirmed.
There were two cases before the
court, involving the validity of the
law. One case OF the widow Of Will
Hoard, a locomotive fireman, who was
killed in an accident on the Illinois
Central road near Memphis, the other
that OF the mother Of Morris 8.
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
damages amounting to $4,000 were
demanded, 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 verdict against the
complainants on the ground of the
unconstitutionality Of the law. Judge
Evans and Judge Mccall both held
the law to be invalid on the double
ground that congressional enact
ment could not be made applicable
to interstate commerce, as they
claimed was undertaken in this law,
and that protection from accidents In
interstate commerce could not be con-
strued as any part Of Commerce" Of
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 regu.
late 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 argued
last term, but the reason for the de-
lay became apparent Monday when
the courts conclusions were an
nounced. 1t then became evident that
while Justice White had been chosen
to announce the courts decision there
were comparatively few Of his col
leagues who were agreed with him as to
the argument with which he reached
bis conclusion, and the result has 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 rela.
lion between master and servant Jus
lice Day concurred In the decision.
Justice Moody dissented entirely
holding that the law is constitutional
On all points. He expressed the
opinion 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
he government.