Johnston

Johnston v. Kennecott Copper Corp.

Good Law
160 C.C.A. 417·248 F. 407·4 Alaska Fed. 666·1918 U.S. App. LEXIS 1435
United States Court of Appeals for the Ninth CircuitFebruary 18, 1918No. 3031California208 words

Opinion

Lead Opinion

Wolverton, J.

(after stating the facts as above).

The plaintiff challenges the validity of the Alaska act, on the ground that it denies the employé the equal protection of the law, and is in violation of section 9 of the Organic Act of the territory of Alaska, inhibiting the Legislature to “grant to any corporation, association or individual any special or exclusive privilege, * * * or franchise without the affirmative approval of Congress.” 48 U.S.C.A. § 77 .

The particular features of the act which it is insisted render it nugatory are: First, that it is class legislation; second, that it is discriminatory in its provisions; third, that it possesses no characteristic of industrial insurance and no provision for payment of compensation; that it creates no official authority for adjustment of claims, but merely compounds a schedule of payments to which the injured is entitled, and is a limitation of liability on the part of the employer.

The suggestion that the act is in violation of section 9 of the Organic Act of the territory is not seriously pressed in the argument and briefs of counsel. Nor can it avail plaintiff, for it is manifest that the act grants neither privilege nor franchise to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.