Byron White

“ There is much to be said for uniform treatment of longshoremen injured while loading or unloading a ship. But even contruing the Extension Act to amend the Longshoremen's Act would not effect this result, since longshoremen injured on a pier by pier-based equipment would still remain outside the Act. ”

“ Since long before the Longshoremen's Act was passed, it has been settled law that structures such as wharves and piers, permanently affixed to land, are extensions of the land. [5] Thus, literally read, a statute that covers injuries 'upon the navigable waters' would not cover injuries on a pier even though the pier, like a bridge, extends over navigable waters. ”

“ Ten years before the Act was passed this Court in Southern Pacific Co. v. Jensen, 244 U.S. 205, 37 S.Ct. 524, 61 L.Ed. 1086 (1917) , held that a State was without power to extend a compensation remedy to a longshoreman injured on the gangplank between the ship and the pier. ”

“ By contrast, admiralty contract jurisdiction 'extends over all contracts, (wheresoever they may be made or executed, or whatsoever may be the form of the stipulations,) which relate to the navigation, business or commerce of the sea.' De Lovio v. Boit, supra, at 444. Since a workmen's compensation act combines elements of both tort and contract, Congress need not have tested coverage by locality alone. As the text indicates, however, the history of the Act shows that Congress did indeed do just that.↑ Act of October 6, 1917, 40 Stat. ”

“ As originally drafted, § 3 extended coverage to injuries 'on a place within the admiralty jurisdiction of the United States, except employment of local concern and of no direct relation to navigation and commerce.' [11] During the hearings, it was repeatedly emphasized and apparently assumed by representatives from both the shipping industry and the unions that a 'place within the admiralty jurisdiction' did not include a dock or pier. ”

“ Indeed, the Senate Report that accompanied the revised bill, containing the language of the present Act, makes clear that the suggestion was rejected, rather than adopted: ' (I) njuries occurring in loading or unloading are not covered unless they occur on the ship or between the wharf and the ship so as to bring them within the maritime jurisdiction of the United States.' S.Rep. No. ”