"[77] And it seems never even to have occurred to
English law makers that the Workman's Compensation Act is inconsistent
with this provision of their Great Charter--a charter which is as much a
part of the British constitution as the Fifth and Tenth Amendments are
of ours. In the English Constitution, as in the American, the principle
is carefully defined in writing. The only difference is that in England
the Parliament is the final judge of its meaning; in the United States
that final judge is the Supreme Court of the United States.
At least it ought to be. But the New York Court of Appeals does not
allow that it is the final authority. In this particular case it is not,
for no appeal lies by the plaintiff in this case from the state to the
national court. But an appeal does lie by the public. _The Outlook_ takes
such an appeal. And it declares without hesitation that the decision of
the New York Court of Appeals is in conflict, not only with the trend of
judicial decisions in that Court, but also with its very explicit
statement of the fundamental principles to be applied in interpreting
the Constitution.
We have already noted the fact that maritime law regards a seaman as a
co-adventurer with the shipowner, and therefore makes the ship liable
for his care, keep, and cure in case any accident occurs to him, even
though it be produced by his own fault.
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