Charles Evans Hughes

“ But it is said that the Legislature cannot cause a liability to accrue to a stranger against whom the wrongdoer committed no breach of duty. If, however, the state might penalize the wrongdoer by requiring a payment to be made by him directly to the state treasury, there would seem to be no reason why the state cannot compel the wrongdoer to indemnify the employer, and his insurance carrier, for payments properly required of them and made to the state where the liability for such payments has arisen by reason of the death caused by the wrongful act. ”

“ The due process clause is invoked on the ground that there is no reasonable basis for the creation of a cause of action against the appellant, and that the statute arbitrarily takes the property of one person for the private use and benefit of another. ”

“ It is recognized that the state may create new rights and duties and provide for their appropriate enforcement. Recovery for an injury causing death and employers' liability and workmen's compensation acts are familiar illustrations. But it is argued that the appellant committed no wrong against the respondent, and that, for the wrong against the deceased and his widow, the appellant has made full restitution. ”