Unconstitutionality of the Federal Employers' Liability Act

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Mr. Harrison: Well, in this case I understand that question has been determined, hasn't it?
Mr. Perkins : Yes, I might say, if the Court please, that in this partictdar action that question was determined in the prior demurrer, in favor of the plaintiff, and no appeal was taken on that; it doesn't enter into the case.
I know, if the Court would like me to say in answer to the Chief Justice, that even though not strictly pleadable as a set-off it would be admissible in evidence in reduction of d
...amages, at least, without regard to any plea.
39 ORAL ARGUMENT OF MR. EDWARD D. ROBBINS, COUNSEL FOR THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY.
May it please the Court : This case is pecuniarily im- portant to the parties before you, and it may become a precedent of enormous pecuniary importance to others.
But I recognize that what is probably uppermost in the minds of this Court is that the case may become a land- mark in the historical delimitation of the powers of the States and of the Federal Government.


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