The Liability of Railroads to Interstate Employees; a Study of Certain Aspects of Federal Regulation of the Remedy for Death Or Injury to Employees in the Service of Interstate Railroads

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When an actual existent contract may be an- nulled by an act of Congress when its obligations come in conflict with the congressional enactment in the exercise of some express power of the Con- stitution, it seems to be a matter of grave doubt if the theoretical right of contract will be held to be a barrier to the exercise of congressional power which is otherwise constitutional. Constitutional prohibition against impairing the obligation of contracts is a prohibition upon the legislatures of
...the States and not upon Congress.
TO INTERSTATE EMPLOYEES 159 In Mitchell v. Clark, 110 U. S. 633, 4 Sup. Ct.
Rep. 170, 312, Mr. Justice Miller, delivering the opinion of the court, said: "It is no answer to say that it interferes with the validity of con- tracts, for no provision of the Constitution pro- hibits Congress from doing this as it does the States; and where the question of the power of Congress arises, as in the legal tender cases and in the bankruptcy cases, it does not depend upon the incidental effect of its exercise on con- tracts, but on the existence of the power itself." Other cases which seem also to point to the same conclusion are Saterlee v.


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