William R. Day

“ In view of the plenary power of Congress under the Constitution over the territories of the United States, subject only to certain limitations and prohibitions not necessary to notice now, there can be no doubt that an act of Congress undertaking to regulate commerce in the District of Columbia and the territories of the United States would necessarily supersede the territorial law regulating the same subject.
Is the Federal employers' liability act of June 11, 1906, unconstitutional so far of it relates to common carriers engaged in trade or commerce in the territories of the United States? ”

“ Among other errors assigned is the failure of the supreme court of Texas to give effect to the defense setting up the statute of New Mexico as a full defense to the action. While the supreme court of Texas in its opinion conceded that, if the territorial act of New Mexico alone controlled the action, the plaintiff must fail for noncompliance with its requirements, it reversed the judgment of the court of civil appeals, and affirmed the judgment of the district court, because, in its opinion, the liability was controlled by the employers' liability act. ”

“ Coming to consider the merits: This court, in Atchison, T. & S. F. R. Co. v. Sowers, supra, held that, in order to give due faith and credit to the territorial statute, under § 906 of the Revised Statutes of the United States (U.S.C.omp. Stat. 1901, p. 677) , the plaintiff suing in a state must show compliance with the preliminaries of notice and demand as required by the territorial law. ”