The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-03-06

ality Of the law was by a vote Of five
10 four, chief Justice White and
Justices Mckenna. Van Devanter and
Mcleynoids dissenting.
Constitutionality OF the Washington
law was questioned his a suit by the
state against the Mountain Timber co
Of Kaiama, Wash. a Nebraska COR
poration. TO collect contributions TO
She state compensation una levied by
the state Industrial commission Gre
ated 20 enforce the law and fix COM
oensntion OF injured employees.
Extent OF the laws application
whether Il or the federal employers
liability act applies-to certain em-
ployes OF common carriers was in
vclycd in three other suits OF such m
ployes Tor personal injuries.
In all four cases, the Washington
statute was upheld as constitutional
and also applied To the common car
riers' employees. dispiacing the federal
statute 10 that extent. In the Noun
tain Timber company case. the state
supreme court held the law valii and
gave Judgment 20 tho state hor the
contributions assessed. In the em-
ployes' suits against the common car
ricrs. the Nipth Circuit Court Of Ap-
peals affirmed their Dismissal by Fed
cral District judge Ne,erer.
The Mountain Timber Co. case was
argued IN February. 1915. but the
supreme court reached no decision,
and IL was re-argued in January, 1917,
Between the two hearings Justices
Brandeis and Clarke were appointed,
Justice Lamar died and Justice Hughes
resif ned.
tt AZ the law. enacted In 1911 and
the only compensation statute 81 any
state establishing compulsory compen-
sation standards exclusive OF any other
procedure. violates the due process
constitutional clause. depriyes ems
ployers and employees Of liberty OF
contract and abridges rights II both
TO Jury trial Of personal injury actions
were the principal grounds Of attack
upon the statute-an attack made
both by the Mountain Timber CO., AZ
an employer ANA by William Raymond
Of Seattle. = Chicago, Milwaukee 4 st
Paul railroad employe.
The state authorities defended the
law as a valid exercise OF state police
powers" To- prevent waste in litigation
over industrial injuries aHa as socia'
; legislation a. meet changed. modern
conditions.
Whether the federal employers la
hility or state law applies To- omino
carriers employees injured WAS raisc-
In three employees suits. August Ba'
sued the Merrill q Ring Logging com
p pany. Of Seattle. for 100000 for I
crushed leg suffered while loading
poles to be shipped in interstate CON
mercc. Gundcr Norgard, brakeman al
the M%arvsyille A. northern railroad 8
logging road. sued tho carrier ana tn
lStimsou Mtll company. ~ Ballard
I Wash which owns the Tossing rnad
for 500, 00n for permanent iniuric
suffered while unloading poles IRON
= cars. william Raymond sue ~
n "MilVngkcc" Dad for $4,000 Tor loe
= of 10Th eyes md other injuries fror
an accidental dynamite explosion whV.
working ON "a new railroad TUNE
a. through the Cascade mountains
Al three suits were dismissed hv IN.
federal courts which held that tho
q could not Doe brought under the fedora
. act. MS tho injuries suffered wor
p within scope Of tho state compensate
g act. an uf m, common carriers hein.
contributors to the state compensate
n fund. Incidental questions Involve
y were whether the three employees wor
in Interstate 90 mtrasiate commcrr
and when interstate transportation
" actually begins tl5c lower courts hcl
3 that iu loading and unloading poles o.
Il llorrinr roads and working upon % tun
"a mol NOS vet Boz actual use. the lniurr
.v men were NOT engaged m int"r-t1i
"a commerce.
Washington. March G-New Nnrk
j. compulsors vurkmcu.s C~ompcusatl'
! law was sustained as generally onr9tI
J |tutlonal Ur the supreme cuurt ioun",
! Washington. March The Tow
7 u.,vl rta,f. ".y4uruautil I4W Ntlur