New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-05-18
State Compensation
Laws Declared Void
I'm Maritime Cases
u. S. Supreme Court Holds
Congress Has Sole Author
ity i'm Admiralty Matters:
N. Y. Verdict Set Aside

WASHINGTON, May 1.-THE act Of
Congress of 1917 giving the states the
right to enact compensation laws in
resuect to injuries of persons in mari
time employment was declared uncon-
stitutional to-day by the Supreme
Court
The decision of the court was five to
four, Justices Holmes, Pitney, Brandeis
and Clarke dissenting.
The court held that Congress alone
had the authority to legislate relative
70 admiralty matters.
At the same time the court declared
unconstitutional the New York State
compensation act. in so far as it relates
10 admiralty matters.
State Industrial Commission orders
granting Lillian E. Stewart compensa-
ton for the death of her husband, who
was drowned while employed on
barge owned by the knickerbocker Ice
Company, were set aside. Validity of
the New York State act was contested
on the ground that it conferred ad-
miralty jurisdiction upon the state
commission in violation of the Federal
Constitution.
The Federal law declared invalid was
enacted in 1917, after the Supreme
Court had held that the state did not
have authority to enact compensation
measures affecting admiralty matters.
The court held that the power of
Congress 40 legislate concerning
rights and Liabilities within the mari
tine jurisdiction and remedies for
iheir enforcement arose from the Con-
sti-ution." and that the definite object
Of the grant was to commit direct con-
trol to the Federal government. to re-
lieve maritime commerce from un-
necessary burdens and disadvantages
incident to discordant legislation, and
10 establish, so far as practicable, har-
monious and uniform rules applicable
throughout every part OF the Union.
"To say that because Congress could
have enacted compensation act APP
plicahle to maritime injuries, it could
authorize the states to DO as they might
desire is false reasoning"
ResrcumenC Of the governments dis
solution suit against the Lehigh Val
ley Railroad Company and its subsid-
aries was ordered.
IS O. : N---tS~4.eS ~ -44AS tCAII nave
been closed, the Lehigh Valley case
cannot be heard until next fall, when
il viii be the first called.
The court upheld Federal Court de-
crees declaring invalid provisions in
inform bills OF lading approved by the
Interstate Commerce Commission, pre-
scribing that losses incurred by ship
pers should be computed on the basis
q the value Of the property at the
tine of shipment. he lower court
held this placed an unlawful limitation
upon the railroads liability and con-
ficted with the Cummins amendment
20 the interstate commerce act.
Convictions OF Daniel O'Connell, law
ger. and five other residents Of San
Francisco for violating the selective
service and espionage acts were up
held.
The other defendants were E. r.
Hoffman, physician, sentenced to three
years Imprisonment; Thomas Carey,
Two years; Carl j. T. Wacher, eighteen
months, and David J. and Herman B.
Smith, one year each. O'Connell was
sentenced to seven years.
Al the defendants were members Of
an organization known as "American
Patriots" which they asserted was
formed 10 test the constitutionaity of
the selective service act.