Walsh v. Alaska Steamship Co.

Citations

• 101 Wash. 295
• 172 P. 269
• 1918 Wash. LEXIS 833

Syllabus

<p>Master and Servant—Employers’ Liability Act—Application. The Federal employers’ liability act of June 11, 1906 (34 Stat. 232), was not unconstitutional as to the territory of Alaska, and applies to injuries to employees of a common carrier occurring in Alaska, although the carrier was engaged in interstate commerce.</p> <p>Statutes — Repeal by Implication —- Territories — Employers’ Liability Act—Application. The Federal employers’ liability act of June 11, 1906 (34 Stat. 232), relating to all common carriers, including carriers by water, and held valid as to carriers engaged in trade or commerce in the District of Columbia and the territories, was not impliedly repealed by the Federal employers’ liability act of April 22, 1908 (35 Stat. 65), relating to the liability of common carriers by railroad to their employees while engaged in interstate or foreign commerce; since the prior act embraces common carriers by water while unloading in Alaska, which are not within the scope or operation of the later act.</p> <p>Same—Implied Repeal—Intent. The intent to repeal the former law by the later act is not shown by the fact that Congress promptly passed the later act upon the President’s suggestion to reenact the former law in such a way as to make it constitutional; since Congress did not reenact such law in its entirety or legislate upon the entire subject-matter thereof.</p> <p>Same—Repeals by Implication—Savins Clause—Construction. Section 8 of the employers’ liability act of 1908 (35 Stat. 65), providing that nothing in the act shall limit the liability of carriers or affect the rights of employers under pending claims under the employers’ liability act of June 11, 1906 (34 Stat. 232), does not show an intent to repeal the prior act in its entirety; since such a saving clause does not destroy any rights, and is not to he confused with a saving clause in a repealing section which destroys all things not saved.</p> <p>Master and Servant — Employers’ Liability Aot — Ma