minneapolis bombolis argued decided may frederick miner william bremner plaintiff error george leonard defendant error chief justice white delivered opinion counting upon employers liability act chap stat amended act chap stat comp stat defendant error sued state recover loss resulting death nanos intestate alleged occasioned negligence plaintiff error nanos employ engaged interstate commerce whatever may controversies trial prior verdict jury favor plaintiff contentions unsuccessfully urged secure reversal judgment entered thereon writ error one abandoned hence one become negligible one question remaining also involved five cases pending employers liability act writs error courts last resort virginia kentucky oklahoma cases argued together cases however involve additional questions dispose separately case order decide one question common thus enable cases deem necessary treated separate opinions constitution laws minnesota civil causes case submission jury period twelve hours without unanimous verdict five sixths jury authorized reach verdict entitled legal effect unanimous verdict common law trial case instructed jury right render verdict circumstances defendant company objected ground cause action arose federal employers liability act words federal character defendant amendment constitution entitled liability determined jury constituted reaching conclusion according course common law hence apply state statute repugnant amendment objection overruled excepted assigned error adversely disposed alleged resulting error concerning action one question said urged reversal long conclusively settled amendment exacts trial jury according course common law unanimous verdict american pub fisher ed sup springville thomas ed sup capital traction hof ed sup open slightest question requirements amendment applied action state minnesota adopting statute concerning less unanimous verdict controlled state enforcing statute trial review statute action void repugnancy constitution one question decided therefore reduced amendment apply action state legislature conduct state enforcing trial law state necessary constitute verdict two propositions operation effect amendment conclusively determined concerning nature character jury required amendment applicable first ten amendments including course concerned state action deal federal action select multitude cases deem leading barron baltimore pet ed fox ohio ed twitchell pennsylvania wall ed brown new jersey ed sup twining new jersey ed necessary corollary amendment applies proceedings courts manner whatever govern regulate trials jury state courts standards must applied concerning livingston moore pet ed justice murray justice wall ed edwards elliott wall ed walker sauvinet ed pearson yewdall ed completely conclusively principles settled expressly recognized without dissent question almost beginning accepted interpretation constitution enactment laws congress proceedings federal courts state constitutions state enactments proceedings state courts true say concede open contention grant nothing whatever settled power state federal governments authority state federal courts mode procedure beginning doubtless view contention led minnesota case courts last resort cases argued coincide opinion entire want foundation proposition relied upon conclusion advance virtually attempt question entire course judicial ruling legislative practice state national prevailed commencement course presumably appreciation principles thoroughly settled caused congress enactment employers liability act clearly contemplate existence concurrent power duty federal state courts administer rights conferred statute accordance modes procedure prevailing courts indeed may doubted must point view caused come pass number years elapsed since enactment employers liability act safety appliance act large number cases tried state courts growing rights conferred acts judgments many cases reviewed never entered mind anyone suggest new strange view concerning significance operation amendment urged case cases argued circumstances sufficient leave unsoundness proposition demonstration result application previous authoritative rulings subject force reasoning inherently considered upon based also upon convincing power aptly portrayed opinions courts cases said argued along cheapeake carnahan chesapeake kelly louisville stewart louis brown pac view however grave misconception fundamentals constitutional system government involved proposition relied upon arguments seeking maintain misapplication adjudged cases upon arguments rest implying question open one nevertheless notice principal propositions relied upon true pointed walker new mexico ed sup neg american pub fisher ed sup right jury trial amendment secures substantial one exacts substantial compliance standard constitutes jury truth slightest tendency support contention substantial right secured extends operative field applicable concerned also true pointed cases cited although territorial courts constitutional courts nevertheless courts created congress exercise jurisdiction alone virtue power conferred law provisions amendment applicable courts affords ground proposition amendment applicable controlling proceedings state courts deriving authority state law teeth express settled doctrine amendment relate proceedings courts proposition amendment controlling upon congress provisions must therefore applicable every right federal character created congress regulate enforcement right substance creates confusion true significance amendment obscured shuts view fact limitations amendment applicable mode power jurisdiction shall exercised tribunals therefore terms relation whatever enforcement rights forums merely right enforced one conferred law course apparent apply constitutional provision condition applicable interpret enforce constitution distort destroy indeed truth view profound error involved contention relied upon aptly shown propositions advanced argument based upon premise insisted upon thus urged limitation amendment applies congress prevent body creating giving power act free restraints amendment must also apply unless substance disregarded shadow made controlling power congress create right leave power enforce forum constitutional limitation applicable enlarges amendment causing merely put limitation upon power congress courts constitutional otherwise deems fit create engraft upon power congress limitation every right every character nature may create equivalent thereto cast upon congress duty subjecting every right created limitation right shall susceptible enforced whatever whether created congress unless enforcing right becomes bound restriction amendment establishes true argument squarely face contention reduces since conceded rights conferred congress case may enforced state courts said provided courts enforcing federal right treated federal courts subjected pro hac vice limitations amendment course principle well founded converse also case federal state courts fluctuating hybridization bereft real independent existence say whether considered state federal courts day day depend upon character source authority endowed government creating upon mere controversy considering error proposition completely demonstrated previous adjudications martin hunter wheat ed houston moore wheat ed ex parte mcniel wall ed claflin houseman ed robertson baldwin ed sup second employers liability cases mondou new york ed sup moreover proposition conflict essential principle upon dual constitutional system government rests lawful rights citizen whether arising legitimate exercise state national power unless excepted express constitutional limitation valid legislation effect concurrently subject enforced courts state nation rights come within general scope jurisdiction conferred upon courts authority state nation creating principle made basis first federal judiciary act prevailed theory practice ever since rights every character whether derived constitutional grant tive enactment state national fact theory practice expression principles underlying constitution cause governments courts nation several strange foreign broad sense word courts common country within orbit lawful authority charged duty safeguard enforce right every citizen without reference particular exercise governmental power right may arisen authority enforce right comes generally within scope jurisdiction conferred government creating forgetfulness truth doubtless led suggestion made argument ruling second employer liability cases mondou new york ed sup overthrown ancient settled landmarks caused state courts become courts exercising jurisdiction conferred congress whenever duty cast upon enforce federal right true mondou case held general jurisdiction conferred state law upon state embraced otherwise causes action created act congress violation duty constitution refuse enforce right arising law conceptions impolicy want wisdom part congress called play lawful powers ruling sense implied duty declared exist part state depended upon conception purpose enforcing right state treated federal deriving authority state creating contrary principle upon mondou case rested questioning diverse governmental sources state national courts drew authority recognized unity governments national state common fealty courts state national state national constitutions duty resting upon within scope authority protect enforce rights lawfully created without reference particular government whose exercise lawful power right arose affirmed