Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1915-09-02
RIGHTS OF WORKER
Review Of Court Decisions A.
feCting Labor Issued.
Workmen's Compensation Laws Form
Largest Group Of csses--Railrosd
Employment in Different Phases
Another important Class.

49, 80 'a~ .'NlANlln w. IDOs AIIlOAl
p.teiy $50 decisions are summarized,
oellins wish the application and con
-..Tuciicn Of the laws, or with the ap-
Yl.cation Of the principles of the com
1.cn law TO the rights and relations of
- wcrisr
Lfcs.aas of outstanding importance
wh-cn are reviewed in this bulletin
Include The final opinions Of the APP
peilate ana supreme courts of the
United States in the famous Danbury
Hatters' Case holding members Of
unions personally liable for damage
from 5oyc1tts; the dissolution of the
famous Injunction in the case of John
Mitchell against the Hitchman Coal
and Coke company of West Virginia,
and holding labor unions legal; and
the Supreme courts opinion in the
Coppage case, overthrowing the law
Of Kansas, which undertook to pro-
tect workmen in their membership
In labor organizations. In the last
named case the dissenting opinion,
which defended the constitutionality
OF the act, is also given.
The largest group of cases on a
single subject is that relating to the
new form Of legislation known as
workmen's compensation laws. The
decisions on this subject range from
questions of constitutionality decided
adversely in the case of the Kentucky
statute and favorably in other state
courts, to the determination of defini-
tons or of single points of dispute.
In considering occupational diseases,
for instance, the Massachusetts
courts hold lead-poisoning to be with
in the state act providing for com
pensation for personal injuries aris-
ing out of and in the course of en-
ployment," while the Michigan courts,
under the provisions of a state law
similarly expressed, hold that a case
of lead poisoning is not entitled to
compensation. An optic neuritis, in
duced by inhaling poisonous gases,
was also compensated in Massachu-
sets, while in New Jersey the court
disallowed a claim on account of &C.
zema said to be caused by acids used
in a bleachery. Other decisions relate
to the mode OF computing benefits,
the definition of the term casual en-
ployment," what constitutes depend
ency, wilful act, incapacity, etc.
Another important group of deci
sions in a related field is of those de
termining the application of the fed
eral liability statute TO different
classes of railroad employments. Sew
eral cases are found which turn OF
the nature of the employment Of the
injured person, i. e., whether in in
terstate commerce or not. The courts
are not uniform in their construction
of this statute, but among the EN-
Payments found to be within the act
were those of blacksmith repairing
cars used in interstate commerce, a
telegraph lineman engaged in repair
work, workmen installing block sig
nal systems, carpenter building an
addition to a freight shed, a laborer
carrying coal to heat a shop in which
interstate cars were being repaired,
etc. Employments which according
to the decisions were excluded were
workmen constructing cut-offs for
shortening interstate trackage, a hos
tier killed by the explosion of the boil
er of a locomotive whose last run
was interstate, and a switch engine
fireman who was at the moment han
ding only interstate cars, though his
work regularly involved the handling
OF both classes of commerce indis-
criminately
other classes of federal laws that
received considerable attention in the
court decisions are those limiting the
hours OF service Of railroad employees,
and requiring the supply and main.
ten9nce Of safety appliances.
Other interesting cases are enc
that grew out Of the textile workers
strike in Massachusetts,, in which the
accountability Of collectors of a fund
intended for the relief of strikers
families was affirmed; one connected
with the bridge workers campaign
against nonunion employers, involving
the transportation of explosives in in
terstate trains; a murder trial grow
ing out OF the Indictment of a strike
leader urging his followers to prevent
arrests in the hop pickers' strike in
California; and a question Of the va
lidity OF sentence Of a military court
during the Disturbances among the
miners of Silver Pow county. Mon.
tana.
The power Of an employers associa-
ton TO enforce its rules Is maintained
in a case in which such an associa-
tion was held by the court to be en-
titled to recover from one of its mem
bers the sum of $4,000 as damages
for his detection in a struggle against
closed shop contracts In connection
with this may be mentioned a case de
Gliding the illegality Of combination
in restraint CT trade undertaken and
carried on by an association of retail