Joseph McKenna

“ A statute does not become controlling until it actually becomes operative; and that therefore, even if it should be decided that there was a conflict between the Federal and the state legislation after the former became effective, as the act of Congress did not take effect until March 4, 1908, in the meantime the state law was in operation. ”

“ His duty was to space trains by the use of the telegraph under what is known and termed the 'block system,' and to report trains to another office or offices and to train despatchers, whose duties pertain to the movement of cars, engines, and trains on the company's railroad, by the use of the telegraph. ”

“ Where there is conflict, the state legislation must give way. Indeed, when Congress acts in such a way as to manifest its purpose to exercise its constitutional anthority, the regulating power of the state ceases to exist. ”

“ The law, among other things, authorizes the employment of employees such as Henion was, for nine hours in twenty-four-hour periods when employed night and day, and for thirteen hours when employed only during the daytime, and, in case of extraordinary emergency, to be on duty for four additional hours in such period on not exceeding three days in any week. ”

“ That it shall be unlawful for any common carrier, its officers or agents, subject to this act, to require or permit any employee subject to this act to be or remain on duty for a longer period than sixteen consecutive hours. ”