One more case, only one more――two, perhaps. [Laughter.] We passed in
New York a workmen’s compensation act.
The Supreme Court of the United States, interpreting exactly the same
language in the Constitution of the United States as the court of
appeals interpreted in the constitution of the State of New York, and
in reference to a practically exactly similar bill, decided that that
law was constitutional.
The Court of Appeals of the State of New York decided that the Supreme
Court of the United States was wrong [laughter] and that the law was
not constitutional.
Now, I want you to listen to this sentence, because I haven’t seen this
fact brought out by any man yet.
“UNCONSTITUTIONALITY.”
At this moment in the State of New York if a New York brakeman is
injured on a train going straight through across New York, from Boston
to Chicago, he has a right to recover, it is constitutional for him
to recover [laughter] for the injury.
But if his brother is working on a trolley in the same city in
which he is injured on the railroad train, or if he is working on a
railway train that only goes from Albany to Buffalo, then it becomes
unconstitutional for him to recover. [Laughter and applause.]