We now add that the Supreme
Court of the United States has decided that such a law does not take the
shipowner's property without due process of law. That, says the Court of
Appeals, is different, for "the contract and services of seamen are
exceptional in character ... When he is sick or injured he is entitled
to be cared for at the expense of the ship, and for the failure of the
master to perform his duty in this regard the ship or the owner is
liable." No doubt there is a difference between a seaman on a ship and a
factory hand in a factory. Very probably that difference ought to weigh
with the representatives of the people in determining what difference
there should be in their respective treatment. But if making a ship
liable for accidents happening to a seaman does not take the shipowner's
property without due process of law, then rendering a factory liable for
accidents happening to a factory hand does not lake the factory owner's
property without due process of law. The Constitution of the United
States is precisely the same on sea as on land; but to the Constitution
of the United Slates the Court of Appeals gives one meaning on shipboard
and another meaning in the town.
The right of the legislature to impose new responsibilities upon
property is not confined by the United States Supreme Court to the sea.
Pages:
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402