The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-09-19

tn" supreme court held Constitutional The
Ohio Kun OF Mime or .Anti-Scrccn law
OF l"1+. whereby the miner WAS enabled
/" obtain pay for run IF mine coal ana
WAS relieved Df the injustice which
miners claimed they suffered, by the
method at screening coal by the opHr-
atnrs. In this opinion MIR. Justice
Hughes participated.
In Miller Y. Wilson. @3i l.. 5. 3i3, and
RoSlry Y. Mclaughlin rsame volJ. vari-
Gus phases of the Statute VI California
regulating and limiting the hours OF
labor Of women in certain cmployments
|" eight hours. We're by the supreme
court held constitutional. Mr.. Justice
Hughes rendering the opinions In both
cases.
The validity of statute IF Kansas
which provided that il should he un-
lawful for any person. or any agent
officer or empIuyc of any company or
corporation TO cucrrr. REQUIRE. demand
or Influence amy pcrSn 10 enter into
any agreement, written or verbal not 10
become or remain Il mcmber or any Ia
Dor organization as 4 condition or secor-
ing employment or continuing IN en-
pluymcnt Of such individual. nrm or cor
puration. and which statute MADE us
violation 4 misdcmcanur punishable by
line or imprisonment. came before inc
supreme court n CopnaGe V. Kansas
10 l.. :. !. and was held uncVnSlilu-
tional by majority of the court
Justice Hughes however. uniting with
1
scented, i'll which dissenting opinion j US
tees Hughes and Day point out that
the result of the decision not only IN
validated the legislation OF Kansas but
necessarily dccrrcd the fate Of like leg
islation of other states Of the Union;
and the reporter cnumCralcS among
such states. California, Colorado, Con-
necticut. Indiana. Massachusetts, Min
uesota. New Hampshire. New Jersey.
New York. oklahoma. Oregon. PcnnSyi-
vania, Porto Rico and Wisconsin. These
states constitute Il ma inrIty Of the great
industrial states OF the Union. And the
labor unions through their influence
had secured enactment Of these statutes
for their protection. which protection
by the decision ui the supreme court
was removed. Justice Hughes by his
statutes IL the extent OF his ability
which could only he exercised by dis
scnting opinion.
AN IMPORTANT DECISION.
In Southern Il. Co. '. United states.
49, T.. S. 20. the conStitutiDnality and
validity of the Safety Appliance Acts ri
Congress and amendments thereto. were
affirmed in an opinion concurred In ny
aurc Ia the Federal Employers Liability
Act. are these Safety Appliance acts. y
Railroad company within these acts Nio-
latlng Il provision thereof. which viola
ton results i'll injury 10 an employee
not only becomes lIahl" in damages Tor
such injury, but is lilhl" In prosecution
ami fin" under tn" criminal sections ol
the Acts And III addition 1T matters
nnt whether tn" injured employ" was al
the time employed in interstate COM
mcrcc or not. where his injurlS arc the
result Of the violation Of III" act tho
cnmpanv is liable for such injuries.
Tie supreme Court IN Texas nac.
X. Co. Y. Rigsby. 2il /. s. IS. held. on
ArrIl l., 1916. in which opinion Justice
Hughes concurred, that an injured en-
uloVe is entitled to damages for viola ton
of the Safety Appliance Acts. although
the employ" himself was not engaged III
int crst;Ltc commerce and that his know
ledge CT tho defect constitutes no bar In
his riGh- of action. and that tho VIOLA
ton Of the Acts is i'll itself negligence.
In Baltimore K q. Il. Co. V. Interstate
Commerce Comm. I'll /. :. 6l". the SUI
prcmc Court held The Hours Of Scrylcc
Net nf March 4. 1907. constitutional Mr..
Justice Hughes delivering the opinion.
In Erie L. Go. V. Williams. -! /. ;.
49, the onstiti0nality and validity al
a New York Statute providing that every
railroad company should raT their en-
pluycS in cash. and that n" such COM
piL:Ics should pay It's cinployrs in script.
was affirmed. Justice Hughes participant
ing, and concurring in the opinion.
In Reese V. phiIa. leading X. 60.
"3g l.. :. 49,. Il majority Of the supreme
Court held that the evidence WAS in
SuIfirnt IL carry ihr case ~ jury.
where Il fireman WAS killed. MIR. Justice
Hughes dtssented upon the. grounds that
the only question upon which tho trial
court ruled in directing a n"n-sui.. was
the question Of tho railroad CompanyS
negligence. aud that the case should
have Eon" I" the jury.
Consistent Friend of Labor.
These cases arc selected from Er"'t:
number OF variety. as showing Justice