The Liability of Railroads to Interstate Employees a Study of Certain Aspects O
The Liability of Railroads to Interstate Employees a Study of Certain Aspects O
Philip Joseph Doherty
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The regulation of master and servant as laid down in the Employers' Liability Act may be supported as a regulation of commerce: Because the power to regulate commerce among the States confers full, complete, and paramount authority on Congress to establish rules of con- duct for such commerce, including rules govern- ing and protecting the human agency involved in such commerce, which is by far the most im- portant factor involved therein. Congress is not confined to the mere establish- ment of... rules as to the property involved in such commerce, but may without question establish rules of conduct for the protection and safety of human life involved. This power has been exercised under the com- merce clause with the purpose of conserving human life in the regulation of pilots and pilotage. The Court in Cooley v. Port Wardens, 12 How. 299, speaking of the power of Congress over pilotage under the commerce clause, said: "It extends to 148 LIABILITY OF RAILROADS the persons who conduct it as well as to the in- struments used.
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