the national judiciature to the case itself, in whatever court it may arise or exist; and in that case the Supreme Court has appellate jurisdiction over all courts whatever. No language could provide for more effect and precision than was done for subjecting constitutional questions to the ultimate decision of the Supreme Court. And this is exactly what the Convention found it necessary to provide for, and intended to provide for. It is, too, exactly what the people were universally told was done when they adopted the Constitution." The Clark-Owen theory has no facts to support it. It rests in the mere imagination of its distinguished propounders.

"Written constitutions sanctify and confirm great principles." The great fundamental rights guaranteed by the National and State Constitutions are life, liberty, contracts and property, freedom of religion, freedom of speech and of the press, and freedom from the exercise by the government of unlimited and arbitrary power.

The maintenance of the limitations and restraints placed by the Constitution upon governmental power is essential to the possession and enjoyment by all the people of peace, security and well ordered liberty Our American system makes the judges the guardians of the Constitution and invests them with the power to protect and safeguard the liberties which it was intended to secure. It places the rights of all the humblest and the weakest as well as the most powerful-under the aegis of their protection, and arms them with the power to strike down all unconstitutional assaults upon the rights secured by the organic law. Deprive them of this power and the limitations and restraints of the Constitution would soon became meaningless and ineffective, and the distribution of the powers of government a futile and an idle thing. The Constitution, it is true, would remain, but the living and breathing spirit

which supplies the interpretation of its provision and safeguards the liberty of the citizen would be lost and gone forever.

Let the people beware. What will all this flattery and pandering to popular prejudice and passion avail them if they lose their liberty?

"Under the pressure of temporary evils, or the misguided impulses of party, or plausible alarms for public liberty, it is not difficult to persuade ourselves that what is established is wrong; that what bounds the popular wishes is oppressive, and that what is untried will give permanent relief and safety. Frame constitutions of government with what wisdom and foresight we may, they must be imperfect and leave something to discretion and much to public virtue. It is in vain that we insert bills of rights in our Constitution as checks upon legislative power unless there be firmness in courts in the hour of trial to resist the fashionable opinions of the day. The judiciary in itself has little power, except that of protection for others. It operates mainly by an appeal to the understanding of the wise and good, and its chief support is the integrity and independence of an enlightened bar. It possesses no control over the purse or arms of the government. It can neither enact laws nor raise armies nor levy taxes. It stands alone in its functions, without the countenance either of the executive or the legislature to cheer or support it. Nay, its duty sometimes arrays it in hostility to the acts of both. But while, though few, our judges shall be fearless and firm in the discharge of their functions, popular leaders cannot possess a wide range of oppression, but must stand rebuked in their ambitious career for power. And it requires no uncommon spirit of prophecy to forsee that whenever the liberties of this country are to be destroyed the first step in the conspiracy will

be to bring courts of justice into odium; and, by overawing the timid and removing the incorruptible, to break down the last barrier between the people and universal anarchy or despotism."

On motion of Thomas Foley Hisky, duly seconded, and after vote, the Association adjourned.

EVENING SESSION.

July 7, 1915.

The Association was called to order at 8.15 P. M. by the President.

The President: The gentleman whom I shall now have the pleasure of introducing, I had some difficulty in getting to consent to read a paper on this occasion. I knew, however, from his arguments in the Court of Appeals that he was perfectly capable of discussing any question, so after a great deal of persuasion on my part he finally consented. After he started into this work he found it so delightful and so charming that I feel it my duty to tell my successors, whoever they may be, if they find themselves in any difficulty hereafter in getting speakers, all they have to do is to call upon Mr. George Weems Williams, whom I now have the pleasure of introducing and who will address you upon, "Some Aspects of the Applicability of the Workmen's Compen

sation Law of Maryland to Interstate and Foreign Commerce Carriers by Rail or Water."

Mr. Williams: I stand here tonight an unwilling but appreciative victim of the irresistible smile of the President. As he has said, he was kind enough to ask me to read a paper, although I then doubted, and still doubt, very much my ability to properly comply with his request. When he wrote and asked me to prepare a paper for this occasion I declined, but when he came to see me and smiled, I accepted.

The Paper is on a rather technical subject and rather dry, and I am going to get through with it as fast and speedily as I can.

SOME ASPECTS OF THE APPLICABILITY OF THE WORKMEN'S COMPENSATION LAW OF MARYLAND TO INTERSTATE AND FOREIGN COMMERCE CARRIERS BY RAIL OR WATER.

The General Assembly of Maryland of 1914, by Chapter 800, created a commission known as the State Industrial Accident Commission, for the purpose of affording to employes engaged in extra hazardous employments who might receive personal injuries resulting in partial or total disability or death, compensation according to a fixed schedule, and regardless of the negligence of the employer or the contributory negligence of the injured employe.

The act recited in its preambles various reasons for the proposed legislation, including:

(a) The certainty of personal injuries or death to workmen engaged in modern industrial enterprises.

(b) The great and unnecessary cost of litigation borne by employers, employes and tax payers under the common law system.

(c) The burden imposed upon the State and its tax payers in providing for injured workmen and their dependents, and that this burden should be more fairly distributed.

(d) The inconsistency between the common law system and modern industrial conditions due to the fact that personal injuries to employes, formerly occasional and infrequent, have now become frequent and inevitable.

For the reasons stated in the preambles, the character of which has been briefly indicated, the act proceeds as follows:

“Now, THEREFORE, The State of Maryland exercising herein its police and sovereign power, declares that all phases of extra hazardous employments be, and they are hereby withdrawn from private controversy, and sure and certain relief for workmen injured in extra hazardous employments and their families and dependents are hereby provided for, regardless of questions of fault and to the exclusion of every other remedy, except as provided in this act."

Then follow the enacting sections and other sections of the act, sixty-six in number.

I will not attempt to analyze or reproduce all these various sections, but will content myself with the following partial and imperfect synopsis.

The first thirteen sections deal with the personnel, procedure, powers and compensation of the commission.

Section 14 imposes upon every employer subject to the act the duty to pay and provide for the compensation required in the act, and in the event of the failure of the