london guarantee accident industrial acc argued march decided april leo weiler new york city appellant george faulkner san francisco appellees chief justice taft delivered opinion proceeding begun petition industrial accident commission california obtain award death john james uttley brooke unmarried minor years age drowned santa monica bay april service morris pleasure fishing inc appellant insurance carrier employer question presented appeal whether case exclusive cognizance admiralty section judicial code usca might brought within purview workmen compensation act california cal amended petition filed mother stepfather deceased commission october made findings held time death engaged maritime employment employer subject provisions compensation act commission found neither mother stepfather dependent accordingly award limited reasonable expenses burial fixed proceeding certiorari district appeal second appellate district division review award commission district appeal found workmen compensation act california give jurisdiction cause annulled award state reversed district appeal affirmed award industrial accident commission appeal allowed facts shown commission stated district appeal follows morris pleasure fishing corporation carries business maintaining operating santa monica bay small fleet fishing vessels accommodation public seeking recreation deep sea fishing fishing season practice excursions daily santa monica bay ocean fishing grounds distance three five miles fixed charges trips use business company several vessels ranging four fourteen tons registry equipped gas engines capable cruising distance miles business confined entirely maintenance pleasure fishing vessels transportation patrons fro water except excursionists also supplied bait one necessary incidents business company employs seamen navigate vessels time accident occasioned brooke death company employ apprentice navigator seaman capacity made daily trips required company vessels times substituted skipper one regular skippers april one company fishing vessels called seven tons registry moored one aboard santa monica bay mile mile pier storm arisen vessel broke moorings early afternoon began drift toward shore effort save vessel destruction capt morris brooke superior officer brooke another employe named gregory put pier captain boat feet long purpose mind boarding returning anchorage neared drifting vessel boat capsized heavy wave three drowned appellant contends section judicial code cause action admiralty enforceable admiralty common law latter affords remedy matter cognizance may state workmen compensation act commission contends matter one local concern affect commerce navigation commission deprived jurisdiction section judicial code provides jurisdiction vested courts civil causes admiralty maritime jurisdiction shall exclusive courts several saving however suitors cases right remedy common law competent give southern pacific jensen ann cas stevedore engaged unloading ship navigable waters new york killed award compensation made ship owner state workmen compensation act held remedy providing compensation prescribed scale injuries deaths employe without regard fault administered state administrative commission remedy unknown common law incapable enforcement ordinary processes hence among common law remedies saved suitors section therefore remedy contrary constitution laws principle followed clyde steamship walker knickerbocker ice stewart held addition saving clause section rights remedies workmen compensation law state given claimants thereunder unconstitutional delegation legislative power defeat purpose constitution preserving harmony uniformity maritime law union fish erickson held maritime contract employment affected california statute frauds requiring agreement performed within year writing contract subject state limitation limitation materially prejudice characteristically uniform features general maritime law principle applied state washington dawson sought compel employer stevedores contribute accident fund created workmen compensation act state title held principle workmen compensation state statute awarded death workman killed engaged maritime work maritime contract upon vessel moored navigable waters discharging cargo robins dry dock dahl principle recognized enforced case maritime tort suffered one repair work board completed vessel case reversed ground liability employer suit affected provision state law regulating duties employers generally furnish safe scaffolds another class cases illustrated western fuel garcia stevedore killed work hold vessel charter fuel company workmen compensation commission granted award widow children annulled state widow children brought suit admiralty fuel company district alleging death negligence prayed damages district held jurisdiction admiralty la bourgogne american steamboat chase wall hamilton plaintiff defeated admiralty suit application state statute limitations thus recognized exception nonapplication state statutes admiralty jurisdiction give common law remedy death wrongful act knickebocker ice case decided extend saving clause section include award state workmen compensation act cases garcia case supra northern coal strand ed great lakes dock kierejewski therefore hardly regarded real exceptions exclusive jurisdiction admiralty section cases however cited sustain state jurisdiction case first chief one grant rohde proceeding recover award workmen compensation act shipbuilder injuries carpenter received working unfinished vessel moored willamette river contract constructing vessel nonmaritime although uncompleted structure upon accident occurred lying navigable waters neither rohde general employment activities time direct relation navigation held matter merely local concern view fact recognition rights liabilities parties contract made consent local statute consciously contracted view admiralty exception injure characteristic feature general maritime law harmony uniformity law international state relations millers indemnity underwriters braud plaintiff intestate employed diver shipbuilding company submerged floating barge anchored navigable river feet bank order saw timbers abandoned set ways used launching ships become obstruction navigation died suffocation lack air supply work representative allowed recover employer insurer texas workmen compensation law rev tex arts facts disclosed possible maritime tort general admiralty jurisdiction might extend except state compensation law prescribed exclusive remedy state statute allowed effect thought enforcing state statute tend destroy characteristic features maritime law alaska packers association industrial accident commission person engaged fishing canning company seaman also fisherman general work cannery injured fishing season standing upon shore endeavoring push stranded fishing boat navigable waters purpose floating nearby dock lifted stored winter held injury even within admiralty jurisdiction local character cognizable state compensation law ruling injure characteristic features uniformity admiralty law sultan railway department labor industries state washington award injuries workmen compensation law washington rem comp supp et seq sustained plaintiff engaged assembling saw logs booms towage elsewhere sale breaking booms towed river sawmill guiding logs conveyor extending river drawn mill sawing clearly even admiralty feature incidental relation navigation rights obligations employees employers well regulated local rules work material prejudice characteristic features general maritime law nothing cases apply case us may said amphibious character admiralty feature locality occurred although even doubtful respect alaska case contract rohde case nonmaritime ship incomplete completed nonmaritime contract parties made nonmaritime contract reference liabilities contemplation admiralty law braud case one maritime tort characteristic feature general maritime law except locality like relation state law rohde case employment maritime transaction circumstances thus seemed one characteristic maritime true sultan company case cases cited seem application rest undisputed circumstance locality fixing excluding admiralty jurisdiction state industrial commission nordenholt tort complained committed upon dock extension land within jurisdiction admiralty smith son taylor case longshoreman struck sling working stage resting solely upon wharf projecting feet water near vessel knocked water time later found dead held right action controlled state maritime law since blow received wharf deemed extension land gonsalves morse dry dock repair company employee engaged repair vessel resting dock floating navigable waters allowed recover negligence vessel owner explosion blau torch negligently permitted repair held repairs vessel ordinary dry dock made land admiralty jurisdiction tort matters settled locality messel foundation held boiler maker employed lengthen smokestack deck vessel lying navigable waters injured negligence owner sudden burst hot steam entitled recovery admiralty saving clause section virtue louisiana civil code art declaring every act whatever man causes damage another obliges whose fault happened repair held equivalent operation common law saving clause section support suit ages either admiralty common law louisiana workmen compensation act act amended gave right action thus examined cases since southern pacific jensen respect efforts apply workmen compensation acts admiralty found nothing justify award present case without dispute deceased sailor employment relation owner vessel maritime without dispute vessel navigation employed registered vessel engaged navigable waters business transporting people hire skipper engaged assisting navigation registered vessels mooring place santa monica bay place deep sea fishing carried distance miles navigable waters vessels capable navigation miles feature business employment purely maritime hold seaman engaged injured employment purely admiralty cognizance required change nature conditions recovery state compensation law certainly prejudicial characteristic features general maritime law objection made deceased lost life drowning vessel navigation employed seaman immaterial lost navigable waters engaged attempting moor draw safe place vessel relation employed clearly established jurisdiction admiralty maritime tort depend upon wrong committed board vessel rather upon committed upon high seas navigable waters plymouth wall atlantic transport imbrovek another objection admiralty jurisdiction vessel engaged interstate foreign commerce employed run shore santa monica bay five ten miles deep sea fishing place return within jurisdiction california argument complete misconception admiralty jurisdiction constitution jurisdiction limited transportation goods passengers one state another foreign country depends upon jurisdiction conferred article extending judicial power cases admiralty maritime jurisdiction justice clifford belfast wall ed said attend every attempt define exact limits admiralty jurisdiction made depend upon power congress regulate commerce conferred constitution entirely distinct things necessary connection one another conferred constitution separate distinct genesee chief see also garnett ex parte boyer propeller commerce black another objection pressed us section judicial code exclude jurisdiction california compensation act object trips pleasure commerce misconception commerce prevented object serve pleasure passengers business earning money transporting people navigable waters strictly speaking much part commerce admiralty jurisdiction vessels carrying cargoes merchandise gibbons ogden wheat et conclusion sought drawn counsel commission rohde cases workmen compensation acts apply unless application interfere uniformity general maritime law interstate foreign commerce neither omits one grounds making shall prejudicial characteristic features maritime law transaction navigable waters every respect covers characteristic features maritime law features apply case state compensation law certainly prejudicial features must hold therefor violation exclusive maritime jurisdiction conferred constitution apply case california compensation act judgment california reversed justice brandeis dissents