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11 Case & Com. 1 (1904-1905)

handle is hein.journals/cscmt11 and id is 1 raw text is: Case and Comment NOTES OF RECENT IMPORTANT) INTERESTING DECISIONS INDEX TO ANNOTATION OF THE LAWYERS' REPORTS) ANNOTATED LEGAL NEWS NOTES AND FACETIJE VOL. 11. JUNE, 1904. No. 1. CASE AND COMMENT Monthly. Subscription, 50 cents perannum post- paid. Single numbers, 5 cents. THE LAWYERS' CO-OPERATIVE PUB. CO., Rochester. N. Y. NEW YORE, 81 Nassau St. CHICAGO 225 Dear born St Entered at post office at Rochester, N. Y., as second-class mail matter. Remedies of Injured Servants Saved. The error of the appellate division of the New York supreme court of the first depart- ment, which CASE AND COMMENT, Vol. 10, page 37, discussed under the heading A sur- prise in the Employers' Liability Law, has been corrected by the court of appeals in the recent case of Gmaehle v. Rosenberg, 70 N. E. 411. The appellate division held in this and in other cases that the New York Em- ployers' liability law abolished the pre-ex- isting remedies of injured employees, and allowed actions for personal injuries against the employer to be brought only under the statute, and with the conditions and limita- tions therein prescribed. This was plainly contrary to the intent of the act to extend the employer's liabilty. It was the more surprising because the appellate division cited as an authority in the case a Massa- chusetts decision in which common-law rem- edies were upheld, notwithstanding the em- ployers' liability law. Yet in several cases the appellate division of the first depart- ment adhered to its position, though in the second department the court refused to fol- low these precedents, and adopted the doc- trine of the Massachusetts court. This con- filet between those courts is ended by the decision of the court of appeals, which holds that the pre-existing remedies of injured servants are not abolished by the statute. It would have been a remarkable result if a statute avowedly in the interest of em- ployees, and explicitly purporting to ex- tend the master's liability, had been held by the highest court to have the effect of abolishing all the remedies which the em- ployees already had. 480 Anarchist Aliens. The exclusion from this. country of an alien on the ground that he is an anarchist is upheld by the Supreme Court of the United States in United States ex rel. Turner v. Williams (decided May 16, 1904). A unanimous decision of a board of inquiry that Turner was an alien anarchist, whose entrance into the United States was in viola- tion of law, was attacked by him in the United States circuit court by praying for a writ of habeas corpus. The writ was dis- missed by that court, and its order affirmed by the Supreme Court. The language of the act of Congress of March 3, 1903, § 2, in de- scribing the aliens who shall be excluded, in- cludes anarchists or persons who believe in or advocate the overthrow, by force or vio- lence, of the government of the United States, or of all government, or of all forms of law, or the assassination of public offi- cials. Section 38 provides for the exclu- sion of a person who disbelieves in, or who is opposed to, all organized government, or

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