Hugo Black

“ If the conclusion of the Circuit Court can be supported at all, it must be on the basis that the employment, even though maritime and therefore within an area in which Congress could have established exclusive federal jurisdiction, is nevertheless subject to state regulation until Congress has exercised its paramount power. ”

“ What we are called upon to decide is not of constitutional magnitude. For regardless of whether or not the limitation on the power of states set out in the Jensen case is to be accepted, it is not doubted that Congress could constitutionally have provided for recovery under a federal statute in this kind of situation. ”

“ Armistead was not acting in the course of his employment at the time of the accident; and (2) even if he had been, recovery was barred by Section 3 (a) of the Act, 33 U.S.C.A. § 903 (a) , making compensation payable 'only if * * * recovery for the disability or death through workmen's compensation proceedings may not validly be provided by State law.'
(1) The Circuit Court's conclusion that Armistead was not acting in the course of his employment rests upon a revaluation of the evidence before the Deputy Commissioner. ”