Stephen Johnson Field

“ Defects of vision in such cases on the part of any one employed may lead to fatal results. Color-blindness, by which is meant either an imperfect perception of colors, or an inability to recognize them at all, or to distinguish between colors, or between some of them, is a defect much more common than is generally supposed. Medical treatises of recognized merit on the subject represent, as the result of extended examinations, that a fraction over 4 per cent. of males are colorblind. ”

“ If the state could lawfully require an examination as to the general fitness of a person to be employed on a railway, it could of course lawfully require an examination as to his fitness in some one particular. Color-blindness is a defect of a vital character in railway employes in the various capacities mentioned. ”

“ Ready and accurate perception by them of colors, and discrimination between them, are essential to safety of the trains, and of course of the passengers and property they carry. It is generally by signals of different colors, to each of which a separate and distinct meaning is attached, that the movement of trains is directed. ”

“ And the court in that case held that the provisions in the statute of Alabama were not strictly regulations of interstate commerce, but parts of that body of the local law which governs the relation between carriers of passengers and merchandise and the public who employ them, which are not displaced until they come in conflict with an express enactment of congress in the exercise of its power over commerce ”

“ The second position of the plaintiff in error, that the state statute is repugnant to the provision of article 3 of the constitution which declares that the trial of all crimes shall be held in the state where they have been committed, is readily disposed of. ”

“ Such being the proportion of males thus affected, it is a matter of the greatest importance to safe railroad transportation of persons and property that strict examination be made as to the existence of this defect in persons seeking employment on railroads in any of the capacities mentioned. It is conceded that the power of congress to regulate interstate commerce is plenary ”