Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-01-16
OLD COMMON RULE IS HIT
THE MEASURE ATTACKED FROM
ALI POINTS - FIRST WAS
UNCONSTITUTIONAL.
opinion IS NOT Confusing
similar State Laws Are Supplantcd-
Many Changes Result 10 EN-
ploycr and Employe.

WASHINGTON, Jan. 1J.-AfteI,
nearly a years consideration. the su-
preme court OF the United States to-
day gave It's unanimous approval to
the employers liability law enacted |
by congress in 1908, to take the place
10 that similar act declared unconsu-
tutional. The decision marks an
epoch in labor legislation.
The old common law hedging in
the rights of employees is displaced
in several places by the statute as
approved today
Notably among these is the aboli-
ton OF the fellow servant doctrine"
and the substitution Of law making
employers liable for the negligence
of an employe, resulting in \ ury to
an interstate omployc. Furthermore,
II frees the employe from "contribu-
tory negligence in many instances,
and limits the effect of the doctrine
in others; and likewise in many cas-
es liberates the employer from as
suming the risk, when he (the en-
ploye) enters employment, knowing
the danger in his employment.
Attacks from All Angles.
The law was attacked seemingly
from every conceivable point of
view Justice Van Deventer. in an
opinion. of the court considered these
objections and rejected them.
1
the Issue to regulate the duties Of
common carriers in respect to the
safety OF their employees while both
are engaged in commerce among the
states and liability of the former
for injuries sustained by the latter
Both have a real or substitute re-
lation to interstate commerce and are
therefore within the range Of this
power" said the justice.
State Laws Supplantcd.
Objections were refuted that the
law prevented contracts whereby the
railroad exempted itself from labl-
ity and that the law improperly clas-
sified carrier into intrastate and in
terstate groups.
Authirities were cited to show a
valid objection should be grounded
in the fact that several states had
already determined the liability of
interstate commerce employers. Pur-
suing this line, the justice said that
now that congress has acted, the
laws Of the states. in so far as they
cover the same field, are superseded,
for OF necessity that which IS not SUI
preme must yield to that which Is"
Finally Justice Van Deventcr con-
sidered the proposition advanced by
Judge Baldwin of the Connecticut
supreme court Of errors, that Con-
necticut could not enforce the law be-
cause its public policy was contrary
to the law.
I'VE are quite unable to assent 10
the view that the enforcement Of tho
rights which the congressional act
creates was originally intended to be
restricted to the federal courts" said
Justice Van Deventer.
"The act contains nothing which is
suggestive Of such a restriction.
Sees No Confusing opinion.
"The suggestion that the act OF
congress is not in harmony with the
policy Of the state, and therefort that
the courts OF the state are free to de-
cline Jurisdiction, is quite inadms-
sibe because it presupposes what
legal contemplation. does not exist.
Congress in exertion Of the powers
confided to II by the constitution
adopted that act, it spoke for all the
people and the states thereby estab-
lished a policy for all That policy
is as much the policy Of Connecticut
as if the act had emanated from IT'S
own legislature and should be res
pected accordingly in the courts of
the state"
Justice Van Deventer said the
court was not disposed to believe
that the exercise of the jurisdiction
by the states courts would be attend
cd by any appreciable Inconvenience
or confusion.
Had Been Tried Bcfor.
This was the second attempt Of con-
gress to change the old common law
rule that an employe OF a common
carrier could sue for damages from
the carrier for injuries received In tho
course Of his employment when the
injuries resulted from the negligence
of a fellow-servant. The first law,
that enacted in 1906. was declared
unconstitutional in 1908, because II
embraced within its terms regula-
tion of intra-state commerce as well