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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
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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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