Watson v. St. Louis, I. M. & S. Ry. Co.

Citations

• 169 F. 942

Syllabus

<p>1. Commerce (§ 5*)—Powers op Congress Under Commerce Clause.</p> <p>Under the commerce clause of the Constitution, 'Congress has the power to regulate the relation of master and servants of carriers by rail engaged in interstate transportation, if limited to employés while engaged in interstate service. -</p> <p>[Ed. Note.—For other cases, see Commerce, Cent. Dig. §•§ 3-5: Dec. Dig. § 5.*]</p> <p>2. Courts (§ 92*)—“Obiter Dicta”—What Constitutes.</p> <p>General expressions in an opinion which are not essential to a disposition of the cause, on points not presented nor argued to the court, are obiter, and are not permitted to control the judgment of the courts in subsequent cases; but when a question is directly involved in the issues raised, was determined by the trial court, is assigned as error in the assignment of errors on appeal, argued by counsel for all parties, and distinctly decided by the appellate court, a decision of such question is not obiter dictum, although the cause is disposed of on other grounds, and this applies specially when the question involves the power of Congress to enact the legislation.</p> <p>[Ed. Note.—For other eases, see Courts, Cent. Dig. § 335; Dec. Dig. § 92.*</p> <p>For other definitions, see Words and Phrases, vol. 3, pp. 2051, 2052; vol. 8, p. 7735.]</p> <p>S. Constitutional Law (§ 251*)—Due Process op Law — “Privileges and Immunities.”</p> <p>The fifth amendment to the United States Constitution applies only to privileges and immunities which arise out of the natural and essential character of the national government, or are specifically granted or secured to all citizens or persons by the Constitution of the United States. Those fundamental rights which are inherent in and belong to all who live in a free government are privileges and immunities of state citizenship only, and not within the protection of the fifth amendment.</p> <p>[Ed. Note.—For other cases, see Constitutional Law, Cent. Dig. $§ 726, 727; Dee. Dig. § 251.