Industrial Accid. Comm’n v. James Rolph Co., 264 U.S. 219 (1924)

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Industrial Accident Commission of California

v. James Rolph Company
Nos. 366 and 684

Argued January 8, 9, 1924
Decided February 25, 1924
264 U.S. 219

ERROR TO THE SUPREME COURT

OF THE STATE OF CALIFORNIA

Syllabus

1. The Act of Congress of June 10, 1922, c. 216, 42 Stat. 634, which, by amendment of Judicial Code, §§ 24, 256, undertakes to permit application of the workmen’s compensation laws of the several states to injuries within the admiralty and maritime jurisdiction, excepting the masters and crews of vessels, is unconstitutional for the reasons explained in Southern Pacific Co. v. Jensen, 244 U.S. 205. Knickerbocker Ice Co. v. Stewart, 253 U.S. 149, and other cases reviewed. P. 222.

2. So held (a) in a case in which it was sought to compel an employer of stevedores to contribute to an accident fund, as provided by the Workmen’s Compensation Act of Washington; (b) in a case involving the power of a commission of California to award compensation for the death of a workman killed while engaged at maritime work, under maritime contract, upon a vessel moored at dock and discharging her cargo. Id.

3. The proviso in the above act of Congress "that the jurisdiction of the district courts shall not extend to causes arising out of injuries to or death of persons other than the master or members of the crew, for which compensation is provided by the workmen’s compensation law of any state," etc., was intended to supplement the provision allowing rights and remedies under state compensation laws, and, that being ineffectual, the proviso is also. P. 223.

122 Wash. 572 and 220 P. 669 affirmed.

Error to a judgment of the Supreme Court of Washington affirming a judgment of a superior court of the state which dismissed, on demurrer, a complaint brought by the state to recover the sum of $211.45, from W. C. Dawson & Company, as a contribution to the accident fund created by Laws of Washington, 1911, c. 74, the amount claimed being computed on the wages paid by defendant to stevedores working on board ship.

Error also to a judgment of the Supreme Court of California, rendered on review of an award made by the Industrial Accident Commission of the state to the dependents of an employee of the James Rolph Company who died as a result of injuries sustained while working as a stevedore upon a vessel afloat on the navigable waters of San Francisco Bay. The judgment annulled the award as in excess of the Commission’s jurisdiction.