James Clark McReynolds

“ One who employers three or more workers is declared to have elected to be subject to the act unless he has indicated the contrary; and, generally, where he has not given notice to the contrary, an employee is subject to the act whenever the employer is. ”

“ The same statutes (sections 102.01, 102.02, 102.03, 102.04, and 102.05, et seq.) deprive the employer in personal injury cases of any defense based upon assumption of risk, negligence of fellow servants, or contributory negligence (not willful) , unless he has elected to pay compensation in the manner specified, and direct that no contract, rule, or regulation shall relieve him from this restriction; also that, where both employer and employee are subject to the provisions of the act, the liability for compensation therein provided shall be in lieu of all other. ”

“ That any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply ”