Page:The Green Bag (1889–1914), Volume 23.pdf/351

 Latest Important Cases to his employees for damages for negli gence shall be legal or binding, even though such contract be a contract between employer and employee provid

ing for insurance relief, beneﬁt or indemnity in case of the employee's injury or death. The Court upheld the statute, Mr.

Justice Hughes basing his decision on the general ground that such a limitation of the employee's freedom of contract is within the legislative power to regulate the relations of employer and employee,

and competent in order to make such liability as may be legally imposed on the employer eﬂective. Hence there seems to be nothing in this decision inconsistent with the view that the legislature, in regulating labor conditions, has power to validate, as well

as to disallow, contracts relieving the employer from liability for damages at law. There therefore seems to be nothing in the decision irreconcilable with the principles of a system of elective

workmen's compensation. Interstate Commerce. Stale Statute Relating to Train Crews Does not Burden Interstate Commerce. U. S. Last year's decisions of the Supreme

Court in International Text-Book Co. v. Pigg, 217 U. S. 91, Western Union Tel. Co. v. Kansas, 216 U. S. l, and Pullman Co. v. Kansas, 216 U. S. 56, were im

321

operated in the state, does not amount

to an unconstitutional regulation of interstate commerce when applied to a foreign railway company engaged in

such commerce.

The Court said: —

“Beyond doubt, passengers on inter state carriers while within Arkansas are as fully entitled to the beneﬁts of valid local laws enacted for the public safety

as are citizens of the state. Local statutes directed to such an end have their source in the power of the state, never surrendered, of caring for the public safety of all within its jurisdiction; and the validity under the Con

stitution of the United States of such statutes is not to be questioned in a federal court unless they are clearly inconsistent with some power granted to the general government, or with some right secured by that instrument, or unless they are purely arbitrary in their nature."

Transportation Can be Issued only for Money—Annual Passes for Life Un lawful — Acceptance of Advertising in Payment. U. S. A carrier engaged in interstate com

merce cannot lawfully charge, collect or receive anything but money for trans

portation on its road since the enactment of the act of June 29, 1906 (34 Stat. at L. 584, chap. 3591, U. S. Comp. Stat.

Supp. 1909, p. 1149), § 6, prohibiting

portant as prohibiting to the states the

any carrier from demanding, collecting,

passage of legislation applicable to for eign corporations of such a form as to burden interstate commerce. That this doctrine will not be carried beyond cer

or receiving “a greater or less or diﬂerent

tain limits is evident from the decision rendered Feb. 20 in Chicago, Rock Island

S’ Pac. Ky. Co. v. Arkansas, 219 U. S. 453. In this case Mr. Justice Harlan held that a state statute prescribing a minimum of three brakemen for freight trains of more than twenty-ﬁve cars,

compensation" for the transportation of persons or property, or for any service

in connection therewith, than that speci ﬁed in its published schedule of rates. Such was the holding of the United States Supreme Court in Louisville 8 Nashville R. R. Co. v. Mottley, 219 U. S. 467, decided Feb. 20. And it was held that the prohibition of the same section made unenforcible an agreement by an