Johnson v. Kennecott Copper Corp.

Citations

• 5 Alaska 571

Syllabus

<p>1. Master and Servant &wkey;>351—-Workmen’s Compensation Act— Election.</p> <p>The plaintiff was injured in defendant’s reduction plant at Kennecott, Alaska, December 14, 1915, and brought this action for damages without having served notice on the defendant that he elected to waive his rights under the Workmen’s Compensation Act, passed by the Legislature of Alaska. Sess. Laws 1915, p. 146. Demurrer sustained.</p> <p>2. Constitutional Law <&wkey;206(l), 245—Statutes &wkey;>81—Equal Protection op Laws—Privileges and Immunities—Local Laws —Workmen’s Compensation Act.</p> <p>The validity of the Workmen’s Compensation Act passed by the Legislature of Alaska (Sess. Laws 1915, p. 146) is attacked as unconstitutional because, first, it denies the plaintiff equal rights under the Fourteenth Amendment to the Constitution; and, second, because the Legislature is forbidden to grant any corporation, association, or individual any special or exclusive privilege or immunity, or from passing local or special laws in any of the cases mentioned in Act Cong. July 30, 1886, c. 818, 24 Stat. 170. Held, the act is constitutional.</p> <p>3. Constitutional Law &wkey;208(7)—Class Legislation—Workmen’s Compensation Act.</p> <p>The Workmen’s Compensation Act passed by the Legislature of Alaska (Sess. Laws 1915, p. 146) is not unconstitutional because its provisions are limited to the mining industry.</p> <p>4. Infants <&wkey;2—Status.</p> <p>A legislative enactment ought not to be held unconstitutional as to one person and not as to all. The plaintiff was a minor, hut was of the age of discretion when he voluntarily engaged in the hazardous employment in which he was injured. He is bound by all constitutional and valid laws, the same as all other persons are.</p> <p><@3»See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>