Show LAW IS UNCONSTITUTIONAL A Li Liability Act Knocked Out in nF Federal er l Court by Judge Walter WaIter Evans r Louisville Irk I Dec Va 1 ter Evans ns In th the federal court today ecla r cd the employers rs act as unconstitutional The decision was given in the case of tri of N C Brooks vs the out Jern Pacific Patine railroad and nd is believed to be the first down in connection with the thead ad The alleged cause caus or of action occurred in Kansas The husband of t he lain tiff was killed in a railroad c id nt and suit was brought under this thi act for W damages and an amount sufficient t to cover coer cost or of expenses 3 incident to death The court holds that the act in effect would re regulate com commerce rn merce within The state as well as in interstate 1 commer e an and is therefore un unconstitutionaL constitutionaL The demurrer of ho he Southern Pacific railroad to the action for fOl damages damage is sustained Judge Evans said that careful investigation gation had him that the lithe act of Tune June H 11 1906 only creates and imposes a I Mien I o 1 rm m mon men carriers to their employ E Iu in inno no wa prescribes rules for c carrying on tr or ir p among the stats a pd In no wn way regulates such uch If thE operation o oto of to act c could in 1 an any way affet t com m mence the thc states it so in a manner so incidental and rit a in no proper sen serve e to af ford or n a factor o of any n value in deter determining mining thE or of the case In conton lon con I Iton ton Jolt io It ift ie obvious that tho t J in hp a t Tefel red o 0 had in cont pia more than the creation of a lia Ha liability 1 and it b be a m t tion to hold that It Iti i uld anything r than tt lg flat Hi t g glOhr put ul of oft t it relations of nia antl nn r an n toe one stud nd on th thin mincer lher m are WJ rv things S 80 c I different rEnt that Jf ef th the judicial mind upon unon th them r m I is hardly o 0 hp ac ex I l un eI i 5 rn the o f tb it tonu t rib lat r amen i sate |