Los Angeles herald., 1909-05-04
UPHOLD VALIDITY
OF LIABILITY ACT
GOVERNMENT ATTORNEYS SAY
DEFECTS ELIMINATED
EMPLOYEES IN INTERSTATE CON-
MERGE PROTECTED
Attorney Generals Department Inter-
venor In Connecticut Case, Wherein
constltutlonality Of Measure
Was Attacked

WASHINGTON May S.-The gov
ernnent today fled in the supreme
coirt Of Hartford county. Connecticut,
tic ,fief In the case of Edgar G. Mon
don plaintfff. against the New YORK,
New Haven q Hartford Railroad COM
pany. a., ,,
nlavers' liability act of April ~, 45Vo,
and the government, by PERMISSION OF
the court, is allowed to intervene anu
file a brief in support of the cons llu-
tionality of the act, which has oeeh
CHALLENGED by the defendant company.
Attornev General Wiekersham and
Wade II. Ellis, his assistant, who pre-
pared the brief. have taken strong
nersona1 interest in the case, because
Of its great Importance, and at the out
set state the government has no inter-
est in any other question involved than
to defend the validity of wholesome
and valid act of congress passed Tor
the protection of citizens and for the
safety of interstate commerce.
Defects Eliminated
In the case involving the constitu-
tionality of the former employers ma
bility act COZ United States, 453) the
brief says the department Of Justice
was given permission in the original
and appellate courts to tile brleIs ana
to be heard in oral argument.
Congress. in adherence to the limita-
tious established by the supreme court
IN the former case, 1t continues, passed
the act which is now the subject of this
controversy. and the attorney general
is impelled by the sense of duty to the
public at large to defend the new law
as that which actuated him in seeking
to uphold the old.
Counsel for the government are able
earnestly to submit that the obJec-
tons urged successfully against the
validity of the prior act have been
eliminated from the new statute, and
the employers liability law now before
this court is clearly within the constt-
tutional power of congress.
Attention is directed to President
Rooseveit's message to congress May
25, 1908, recommending the immediate
enactment of an employers liability
act, drawn to conform to the recent
decision of the supreme court and elm
mating the constitutional defects found
to exist in the former act. This con-
gress exercising its best judgment,
proceeded to do
Law Made Interstate
The senate committee, it is pointed
out, having the matter in charge, after
out ll6 uGlCClo III liAG lOiillCt
law, stated that the proposed measure
avoids these criticisms by combining
the application of it's provisions to the
employees of common carriers which
are within the regulative power Of
congress over commerce while en-
ployed by such carrier in such COM
merce.
In the brief it is contended the ques-
tions raised in this case are settled by
he InpfcfFar7 rtf "a crff1r in "a
former liability cases and that the
statute is constitutional, though broad
enough to include an action for any in
jury sustained by a servant of a rail-
road engaged in interstate commerce
caused by the negligence of an employee
not engaged in interstate commerce.
in passing this statute" the brief
argues, congress was legislating solely
with respect to the relation of inter
state railroads and their employees
while engaged in interstate commerce.
1t is the object of the act to protect
an employee engaged in interstate COM
merce from injury as the result of any
negligence of the interstate carrier or
of any of its instrumentalities
While a servant of an interstate
road is about his masters business and
engaged in interstate commerce. he Is
entitled to and is within the protec-
ton Of the congressional power.
Safety Of Commerce Assured
THE Interstate business of railroads
is SO intermingled with their state bust
ness that no segregation can be rec
ognized in regulating the relation be-
tween interstate carriers and their in
terstate servants"
The brief concludes as follows
This is a wise, progressive and hui
mane statute. 1t seeks, within APP
proved and conservative lines, to ac-
coniplish an object whose worth and
justice all men have long admitted:
that many other civilized nations have
long ago attained. Legislation that is
to protect the railroad employees does
not benefit a class alone. The safety of
an interstate carriers servant means
the saftey of interstate commerce It.
self.
with respect to this act, not only
its beneficent purpose but the care with
which 1t was framed to meet every
constitutional objection now raised
against it should make it's validity as
sured
~ We respectfully submit that the act
here challenged is an appropriate exer-
else of the power of congress to regu-
late commerce between the states and
ought to be upheld"