The Report of the Railroad Commission of Georgia Volume 23-24

The Report of the Railroad Commission of Georgia Volume 23-24

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...commerce. l28th U. S. %. Also, in 124th U. S. 465, the law requiring engineers of railroads in Alabama to be first examined as to their qualifications and receive license before they can conduct railroad transportation, although such persons were engaged in carrying on interstate commerce. In discussing the law against color blindness, the Supreme Court of the United States uses the following language: "It is conceded that the power of Congress to regulate interstate commerce is plenary; that, as incident to it, Congress may legislate as to the qualifications, duties, and liabilities of employees and others on railway trains engaged in that commerce; and that such legislation will supercede any State action on the subject. But until such legislation is had, it is clearly within the competency of the States to provide against accidents on trains whilst within their limits." Indeed, it is a principle fully recognized by decisions of State and Federal Courts, that wherever there is any business in which, either from the products created or the instrumentalities used, there is danger to life or property, it is not only within the power of the States, but it is among their plain duties, to make provisions against accidents likely to follow in such business, so that the attendant dangers may be guarded against so far as practicable. In Smith vs. Alabama, this court, recognizing previous decisions where it had been held that it was competent for the State to provide redress for wrongs done and injuries committed on its citizens by parties engaged in the business of interstate commerce, notwithstanding the powers of Congress over those subjects. very pertinently inquired: "What is there to forbid the State, in the further more

Product details

  • Paperback | 130 pages
  • 189 x 246 x 7mm | 245g
  • United States
  • English
  • black & white illustrations
  • 1236983742
  • 9781236983749