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US Supreme Court Decisions On-Line> Volume 253 > KNICKERBNOCKER ICE CO. V. STEWART, 253 U. S. 149 (1920)
KNICKERBNOCKER ICE CO. V. STEWART, 253 U. S. 149 (1920)
Knickerbnocker Ice Co. v. Stewart, 253 U.S. 149 (1920)
Knickerbnocker Ice Company v. Stewart
Argued December 16, 1919
Decided May 17, 1920
ERROR TO THE SUPREME COURT, APPELLATE DIVISION,
THIRD JUDICIAL DEPARTMENT OF THE STATE OF NEW YORK
The Constitution, Art. III, § 2, Art. I, § 8, itself adopted and established, as part of the laws of the United States, approved rules of the general maritime law, and empowered Congress to legislate in respect of them and other matters within the admiralty and maritime jurisdiction. P. 253 U. S. 160.
It took from the states all power, by legislation or judicial decision, to contravene the essential purposes of, or work material injury to, characteristic features of that law, or to interfere with its proper harmony and uniformity in its international and interstate relations. Id.
To preserve adequate harmony and appropriate uniform rules relating to maritime matters and bring them within the control of the federal government was the fundamental purpose, and, to such definite end, Congress was empowered to legislate within that sphere. Id.
There is a distinction between the situation created by the Constitution relative to maritime affairs and the one resulting from the mere grant of power to regulate commerce, without more. P. 253 U. S. 161.
That clause of the provision granting otherwise exclusive admiralty and maritime jurisdiction to the federal courts (Judiciary Act, 1789, § 9; Jud.Code, §§ 24, 256) which saves to suitors "in all cases, the right of a common law remedy, where the common law is competent to give it" refers to remedies for enforcement of the federal maritime law, and does not create substantive rights or assent to their creation by the states. Pp. 253 U. S. 159, 253 U. S. 161.
The usual function of a saving clause is to preserve something from immediate interference, not to create. P. 253 U. S. 162.
The legislature does not alter the law by expressing an erroneous opinion of it. Id.
Read with the explanatory report in the Senate and with the light of attendant circumstances, the Act of October 6, 1917, c. 97, 40 Stat. 395, which purports to amend Jud.Code, §§ 24 and 256, by adding to the saving clause "and to claimants the rights and remedies under the workmen's compensation law of any state" is to be construed chanrobles.com-red
as intending to obviate the objection pointed out in Southern Pacific Co. v. Jensen, 244 U. S. 205, and as seeking to authorize and sanction action by the state in prescribing and enforcing, as to all parties concerned rights, liabilities, and remedies designed to provide compensation for injuries suffered by employees engaged in maritime work. Pp. 253 U. S. 161 et seq. The attempted amendment is unconstitutional as being a delegation of the legislative power of Congress and as defeating the purpose of the Constitution respecting the harmony and uniformity of the maritime law. P. 253 U. S. 164. The Hamilton, 207 U. S. 398, distinguished. P. 253 U. S. 166.
226 N.Y. 302 reversed.
MR. JUSTICE McREYNOLDS delivered the opinion of the Court.
While employed by Knickerbocker Ice Company as bargeman and doing work of a maritime nature, William M. Stewart fell into the Hudson river and drowned August 3, 1918. His widow, defendant in error, claimed under the Workmen's Compensation Law of New York; the Industrial Commission granted an award against the company for her and the minor children, and both Appellate chanrobles.com-red
Division and the Court of Appeals approved it. Stewart v. Knickerbocker Ice Co., 226 N.Y. 302. The latter concluded that the reasons which constrained us to hold the compensation law inapplicable to an employee engaged in maritime work -- Southern Pacific Co. v. Jensen, 244 U. S. 205 -- had been extinguished by
"An act to amend sections twenty-four and two hundred and fifty-six of the Judicial Code, relating to the jurisdiction of the district courts, so as to save to claimants the rights and remedies under the workmen's compensation law of any state,"
approved October 6, 1917, c. 97, 40 Stat. 395, c. 97.
The provision of § 9, Judiciary Act 1789 (c. 20, 1 Stat. 76, c. 20), granting to United States district courts
"exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, . . . saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it,"
was carried into the Revised Statutes -- §§ 563 and 711 -- and thence into the Judicial Code -- clause 3, §§ 24 and 256. The saving clause remained unchanged until the statute of October 6, 1917, added "and to claimants the rights and remedies under the workmen's compensation law of any state." [Footnote 1] chanrobles.com-red
In Southern Pacific Co. v. Jensen (May, 1917), 244 U. S. 205, we declared that, under § 2, Article III, of the Constitution ("The judicial power shall extend to . . . all cases of admiralty and maritime jurisdiction"), and § 8, Article I (Congress may make necessary and proper laws for carrying out granted powers), in the absence of some controlling statute, the general maritime law as accepted by the federal courts constitutes part of our chanrobles.com-red
national law applicable to the matters within admiralty and maritime jurisdiction; also that "Congress has paramount power to fix and determine the maritime law which shall prevail throughout the country." And we held that, when applied to maritime injuries, the New York Workmen's Compensation Law conflicts with the rules adopted by the Constitution and to that extent is invalid.
"The necessary consequence would be destruction of the very uniformity in respect of maritime matters which the Constitution was designed to establish, and freedom of navigation between the states and with foreign countries would be seriously hampered and impeded."
We also pointed out that the saving clause taken from the original Judiciary Act had no application, since, at most, it only specified common law remedies, whereas the remedy prescribed by the compensation law was unknown to the common law and incapable of enforcement by the ordinary processes of any court. Moreover, if applied to maritime affairs, the statute would obstruct the policy of Congress to encourage investments in ships.
In Chelentis v. Luckenbach S.S. Co., (June, 1918) 247 U. S. 372, an action at law seeking full indemnity for injuries received by a sailor while on shipboard, we said:
"Under the doctrine approved in Southern Pacific Co. v. Jensen, no state has power to abolish the well recognized maritime rule concerning measure of recovery and substitute therefor the full indemnity rule of the common law. Such a substitution would distinctly and definitely
change or add to the settled maritime law, and it would be destructive of the 'uniformity and consistency at which the Constitution aimed on all subjects of a commercial character affecting the intercourse of the states with each other or with foreign states.'"
And concerning the clause, "saving to suitors in all cases the right of a common law remedy where the common law is competent to give it," this:
"In Southern Pacific Co. v. Jensen, we definitely ruled that it gave no authority to the several states to enact legislation which would work 'material prejudice to the characteristic features of the general maritime law or interfere with the proper harmony and uniformity of that law in its international and interstate relations.' . . . Under the saving clause, a right sanctioned by the maritime law may be enforced through any appropriate remedy recognized at common law, but we find nothing therein which reveals an intention to give the complaining party an election to determine whether the defendant's liability shall be measured by common law standards, rather than those of the maritime law."
Thus, we distinctly approved the view that the original saving clause conferred no substantive rights, and did not authorize the states so to do. It referred only to remedies, and, to the extent specified, permitted continued enforcement by the state courts of rights and obligations founded on maritime law.
In Union Fish Co. v. Erickson, 248 U. S. 308, an admiralty cause, a master sought to recover damages for breach of an oral contract with the owner of a vessel for services to be performed principally upon the sea. The latter claimed invalidity of the contract under a statute of California, where made, because not in writing and not to be performed within a year. We ruled:
"The circuit court of appeals correctly held that this contract was maritime in its nature, and an action in admiralty thereon for its breach could not be defeated by the statute of
California relied upon by the petitioner. . . . In entering into this contract, the parties contemplated no services in California. They were making an engagement for the services of the master of the vessel, the duties to be performed in the waters of Alaska, mainly upon the sea. The maritime law controlled in this respect, and was not subject to limitation because the particular engagement happened to be made in California. The parties must be presumed to have had in contemplation the system of maritime law under which it was made."
See also The Black Heath, 195 U. S. 361, 195 U. S. 365.
As the plain result of these recent opinions and the earlier cases upon which they are based, we accept the following doctrine: the Constitution itself adopted and established, as part of the laws of the United States, approved rules of the general maritime law and empowered Congress to legislate in respect of them and other matters within the admiralty and maritime jurisdiction. Moreover, it took from the states all power, by legislation or judicial decision, to contravene the essential purposes of, or to work material injury to, characteristic features of such law or to interfere with its proper harmony and uniformity in its international and interstate relations. To preserve adequate harmony and appropriate uniform rules relating to maritime matters and bring them within control of the federal government was the fundamental purpose, and, to such definite end, Congress was empowered to legislate within that sphere.
Since the beginning, federal courts have recognized and applied the rules and principles of maritime law as something distinct from laws of the several states -- not derived from or dependent on their will. The foundation of the right to do this, the purpose for which it was granted, and the nature of the system so administered were distinctly pointed out long ago:
"That we have a maritime law of our own, operative throughout the United States, cannot
be doubted. . . . One thing, however, is unquestionable: the Constitution must have referred to a system of law coextensive with, and operating uniformly in, the whole country. It certainly could not have been the intention to place the rules and limits of maritime law under the disposal and regulation of the several states, as that would have defeated the uniformity and consistency at which the Constitution aimed on all subjects of a commercial character affecting the intercourse of the states with each other or with foreign states."
88 U. S. 574-575. The field was not left unoccupied; the Constitution itself adopted the rules concerning rights and liabilities applicable therein, and certainly these are not less paramount than they would have been if enacted by Congress. Unless this be true, it is quite impossible to account for a multitude of adjudications by the admiralty courts. See Workman v. New York City, 179 U. S. 552, 179 U. S. 557 et [email protected]
The distinction between the indicated situation created by the Constitution relative to maritime affairs and the one resulting from the mere grant of power to regulate commerce without more should not be forgotten; also, it should be noted that federal laws are constantly applied in state courts -- unless inhibited, their duty so requires. Constitution, Art. VI, clause 2; Second Employers' Liability Cases, 223 U. S. 1, 223 U. S. 55. Consequently, mere reservation of partially concurrent cognizance to such courts by an act of Congress conferring an otherwise exclusive jurisdiction upon national courts could not create substantive rights or obligations, or indicate assent to their creation by the states.
When considered with former decisions of this Court, a satisfactory interpretation of the Act of October 6, 1917, is difficult, perhaps impossible. The Howell, 257 F.5d 8, and Rohde v. Grant Smith Porter Co., 259 F.3d 4, illustrate some of the uncertainties. In the chanrobles.com-red
first, the district court in New York dismissed a libel, holding that rights and remedies prescribed by the compensation law of that state are exclusive and pro tanto supersede the maritime law. In the second, the district court of Oregon ruled that, when a employee seeks redress for a maritime tort by an admiralty court, rights, obligations, and liabilities of the respective parties must be measured by the maritime law, and these cannot be barred, enlarged, or taken away by state legislation. Other difficulties hang upon the unexplained words "workmen's compensation law of any state."
Moreover, the act only undertook to add certain specified rights and remedies to a saving clause within a code section conferring jurisdiction. We have held that, before the amendment and irrespective of that section, such rights and remedies did not apply to maritime torts, because they were inconsistent with paramount federal law -- within that field, they had no existence. Were the added words therefore wholly ineffective? The usual function of a saving clause is to preserve something from immediate interference, not to create, and the rule is that expression by the legislature of an erroneous opinion concerning the law does not alter it. Endlich, Interpretation of Statutes, § 372.
Neither branch of Congress devoted much debate to the act under consideration -- altogether, less than two pages of the Record (65th Cong. pp. 7605, 7843). The Judiciary Committee of the House made no report; but a brief one by the Senate Judiciary Committee, copied below, [Footnote 2] chanrobles.com-red
probably indicates the general legislative purpose. And with this and accompanying circumstances the words must be read.
Having regard to all these things, we conclude that Congress undertook to permit application of workmen's compensation laws of the several states to injuries within the admiralty and maritime jurisdiction, and to save such statutes from the objections pointed out by Southern Pacific Co. v. Jensen. It sought to authorize and sanction action by the states in prescribing and enforcing, as to all parties concerned, rights, obligations, liabilities chanrobles.com-red
and remedies designed to provide compensation for injuries suffered by employees engaged in maritime work.
And, so construed, we think the enactment is beyond the power of Congress. Its power to legislate concerning rights and liabilities within the maritime jurisdiction, and remedies for their enforcement, arises from the Constitution, as above indicated. The definite object of the grant was to commit direct control to the federal government, to relieve maritime commerce from unnecessary burdens and disadvantages incident to discordant legislation, and to establish, so far as practicable, harmonious and uniform rules applicable throughout every part of the Union.
Considering the fundamental purpose in view and the definite end for which such rules were accepted, we must conclude that, in their characteristic features and essential international and interstate relations, the latter may not be repealed, amended, or changed, except by legislation which embodies both the will and deliberate judgment of Congress. The subject was entrusted to it to be dealt with according to its discretion, not for delegation to others. To say that, because Congress could have enacted a compensation act applicable to maritime injuries, it could authorize the states to do so as they might desire is false reasoning. Moreover, such an authorization would inevitably destroy the harmony and uniformity which the Constitution not only contemplated, but actually established -- it would defeat the very purpose of the grant. See Sudden & Christenson v. Industrial Accident Commission, 188 P. 803.
Congress cannot transfer its legislative power to the states -- by nature, this is nondelegable. In re Rahrer, 140 U. S. 545, 140 U. S. 560; Field v. Clark, 143 U. S. 649, 143 U. S. 692; Buttfield v. Stranahan, 192 U. S. 470, 192 U. S. 496; Butte City Water Co. v. Baker, 196 U. S. 119, 196 U. S. 126; Interstate Commerce Commission v. Goodrich, Transit Co., 224 U. S. 194, 224 U. S. 214.
In Clark Distilling Co. v. Western Md. Ry. Co., 242 U.S. chanrobles.com-red
311, notwithstanding the contention that it violated the Constitution -- Article I, § 8, cl. 3 -- this court sustained an act of Congress which prohibited the shipment of intoxicating liquors from one state into another when intended for use contrary to the latter's laws. Among other things, it was there stated that
"the argument as to delegation to the states rests upon a mere misconception. It is true the regulation which the Webb-Konyon Act contains permits state prohibitions to apply to movements of liquor from one state into another, but the will which causes the prohibitions to be applicable is that of Congress,"
i.e., Congress itself forbade shipments of a designated character. And further: "the exceptional nature of the subject here regulated is the basis upon which the exceptional power exerted must rest," i.e., different considerations would apply to innocuous articles of commerce.
The reasoning of that opinion proceeded upon the postulate that, because of the peculiar nature of intoxicants which gives enlarged power concerning them, Congress might go so far as entirely to prohibit their transportation in interstate commerce. The statute did less.
"We can see no reason for saying that, although Congress, in view of the nature and character of intoxicants, had a power to forbid their movement in interstate commerce, it had not the authority to so deal with the subject as to establish a regulation (which is what was done by the Webb-Kenyon Law) making it impossible for one state to violate the prohibitions of the laws of another through the channels of interstate commerce. Indeed, we can see no escape from the conclusion that, if we accepted the proposition urged, we would be obliged to announce the contradiction in terms that, because Congress had exerted a regulation lesser in power than it was authorized to exert, therefore its action was void for excess of power."
See Delamater v. South Dakota, 205 U. S. 93, 205 U. S. 97. chanrobles.com-red
Here, we are concerned with a wholly different constitutional provision -- one which, for the purpose of securing harmony and uniformity, prescribes a set of rules, empowers Congress to legislate to that end, and prohibits material interference by the states. Obviously, if every state may freely declare the rights and liabilities incident to maritime employment, there will at once arise the confusion and uncertainty which framers of the Constitution both foresaw and undertook to prevent.
In The Hamilton, 207 U. S. 398, an admiralty proceeding, effect was given, as against a ship registered in Delaware, to a statute of that state which permitted recovery by an ordinary action for fatal injuries, and the power of a state to supplement the maritime law to that extent was recognized. But here, the state enactment prescribes exclusive rights and liabilities, undertakes to secure their observance by heavy penalties and onerous conditions, and provides novel remedies incapable of enforcement by an admiralty court. See New York Central R. Co. v. White, 243 U. S. 188; New York Central R. Co. v. Winfield, 244 U. S. 147; Southern Pacific Co. v. Jensen, supra. The doctrine of The Hamilton may not be extended to such a situation.
The judgment of the court below must be reversed, and the cause remanded, with directions to take further proceedings not inconsistent with this opinion.
[Footnote 1]
Judiciary Act Sept. 24, 1789, c. 20, 1 Stat. 73, 76, 77:
"Sec. 9. That the district courts shall have, exclusively of the courts of the several states, . . . exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation, or trade of the United States, where the seizures are made on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas, saving to suitors in all cases the right of a common law remedy where the common law is competent to give it. . . ."
Rev.Stats. Sec. 563:
"The district courts shall have jurisdiction as follows:"
"* * * *"
"Eighth. Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common law remedy where the common law is competent to give it, and of all seizures on land and on waters not within admiralty and maritime jurisdiction. And such jurisdiction shall be exclusive except in the particular cases where jurisdiction of such causes and seizures is given to the circuit courts. And shall have original and exclusive cognizance of all prizes brought into the United States, except as provided in paragraph six of section six hundred and twenty-nine."
Rev.Stats. § 711:
"The jurisdiction vested in the courts of the United States in the cases and proceedings hereinafter mentioned shall be exclusive of the courts of the several states: . . ."
"Third. Of all civil causes of admiralty and maritime jurisdiction; saving to suitors, in all cases, the right of a common law remedy where the common law is competent to give it."
The Judicial Code --
Section 24:
"The district courts shall have original jurisdiction as follows: . . ."
"Third. Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common law remedy where the common law is competent to give it. . . ."
Section 256:
"The jurisdiction vested in the courts of the United States in the cases and proceedings hereinafter mentioned, shall be exclusive of the courts of the several states:"
"Third. Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common law remedy where the common law is competent to give it."
Act Oct. 6, 1917, c. 97, 40 Stat. 395:
"That clause three of section twenty-four of the Judicial Code is hereby amended to read as follows:"
" Third. Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common law remedy where the common law is competent to give it, and to claimants the rights and remedies under the workmen's compensation law of any state; of all seizures on land or waters not within admiralty and maritime jurisdiction, of all prizes brought into the United States, and of all proceedings for the condemnation of property taken as prize."
"Sec. 2. That clause three of section two hundred and fifty-six of the Judicial Code is hereby amended to read as follows:"
" Third. Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common law remedy where the common law is competent to give it, and to claimants the rights and remedies under the workmen's compensation law of any state."
"65th Congress, 1st sess. Senate Report No. 139. Amending the Judicial Code. October 2, 1917. -- Ordered to be printed. Mr. Ashurst, from the Committee on the Judiciary, submitted the following Report [to accompany S. 2916]:"
"The Committee on the Judiciary, to which was referred the bill (S. 2916) to amend §§ 24 and 256 of the Judicial Code, relating to the jurisdiction of the district courts, so as to save to claimants the rights and remedies under the workmen's compensation law of any state, having considered the same, recommend its passage without amendment."
"The Judicial Code, by sections 24 and 256, confers exclusive jurisdiction on the district courts of the United States of all civil cases of admiralty and maritime jurisdiction, 'saving to suitors in all cases the right of a common law remedy where the common law is competent to give it.' It was declared by the Supreme Court of the United States in the case of Southern Pacific Co. v. Jensen that"
"the remedy which the compensation statute attempts to give is of a character wholly unknown to the common law, incapable of enforcement by the ordinary processes of any court, and is not saved to suitors from the grant of exclusive jurisdiction."
"The bill (S. 2916) proposes only to amend the Judicial Code by so enlarging the saving clause as to include the rights and remedies under the compensation law of any state. Inasmuch as not only the remedy but sometimes the right under the compensation plan is unknown to the common law, both rights and remedies are included in the bill. The bill, if enacted, will not disrupt the admiralty jurisdiction of the federal courts. The most that can be said of it will be that it is a recognition by Congress that a concurrent jurisdiction, state and federal, should exist over certain matters. Actions that were formerly triable in admiralty courts will still be triable there. Where the cases were formerly triable only in such courts, it will now be possible for the state, through its compensation plan, to determine the rights of the parties concerned. In other words, there being concurrent jurisdiction, the injured party or his dependents may bring an action in admiralty or submit a claim under the compensation plan."
MR. JUSTICE HOLMES, dissenting.
In Southern Pacific Co. v. Jensen, 244 U. S. 205, the question was whether there was anything in the Constitution or laws of the United States to prevent a state from imposing upon an employer a limited but absolute liability for the death of an employee upon a gangplank between a vessel and a wharf, which the state unquestionably chanrobles.com-red
could have imposed had the death occurred on the wharf. A majority of the Court held the state's attempt invalid, and thereupon, by an Act of October 6, 1917, c. 97, 40 Stat. 395, Congress tried to meet the effect of the decision by amending § 24, cl. 3, and § 256, cl. 3, of the Judicial Code; Act of March 3, 1911, c. 231; 36 Stat. 1087. Those sections in similar terms declared the jurisdiction of the district court and the exclusive jurisdiction of the courts of the United States
"of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common law remedy where the common law is competent to give it."
The amendment added, "and to claimants the rights and remedies under the workmen's compensation law of any state." I thought that claimants had those rights before. I think that they do now both for the old reasons and for new ones.
I do not suppose that anyone would say that the words, "The judicial Power shall extend . . . to all cases of admiralty and maritime jurisdiction," Const. Art. III, § 3, by implication enacted a whole code for master and servant at sea that could be modified only by a constitutional amendment. But somehow or other the ordinary common law rules of liability as between master and servant have come to be applied to a considerable extent in the admiralty. If my explanation, that the source is the common law of the several states, is not accepted, I can only say, I do not know how, unless by the fiat of the judges. But surely the power that imposed the liability can change it, and I suppose that Congress can do as much as the judges who introduced the rules. For we know that they were introduced, and cannot have been elicited by logic alone from the mediaeval sea laws.
But if Congress can legislate, it has done so. It has adopted statutes that were in force when the Act of October 6, 1917, was passed, and to that extent has acted as definitely as if it had repeated the words used by the chanrobles.com-red
several states -- a not unfamiliar form of law. 22 U. S. 207; 35 U. S. 119; 53 U. S. 317-318; Interstate Consolidated Street Ry. Co. v. Massachusetts, 207 U. S. 79, 207 U. S. 84-85; Franklin v. United States, 216 U. S. 559; Louisville & Nashville R. Co. v. Western Union Telegraph Co., 237 U. S. 300, 237 U. S. 303. An Act of Congress, we always say, will be construed so as to sustain it, if possible, and therefore, if it were necessary, the words "rights and remedies under the workmen's compensation law of any state" should be taken to refer solely to laws existing at the time, as it certainly does at least include them. See 31 U. S. 530-534; Kaapp, Stone & Co. v. McCaffrey, 177 U. S. 638, 177 U. S. 645-646; 237 U. S. 307. I cannot doubt that, in matters with which Congress is empowered to deal, it may make different arrangements for widely different localities with perhaps widely different needs. See United States v. Press Publishing Co.,@ 219 U. S. 1, 219 U. S. 9.
I thought that Clark Distilling Co. v. Western Maryland Ry. Co., 242 U. S. 311, went pretty far in justifying the adoption of state legislation in advance, as I cannot for a moment believe that apart from the Eighteenth Amendment special constitutional principles exist against strong drink. The fathers of the Constitution, so far as I know, approved it. But I can see no constitutional objection to such an adoption in this case if the Act of Congress be given that effect. I assume that Congress could not delegate to state legislatures the simple power to decide what the law of the United States should be in that district. But when institutions are established for ends within the power of the states, and not for any purpose of affecting the law of the United States, I take it to be an admitted power of Congress to provide that the law of the United States shall conform as nearly as may be to what for the time being exists. A familiar example is the law directing the common law practice, &c., in the district courts to "conform, as near as may be, to the practice, &c. existing at the time" in the state courts. Rev.Stats. § 914. This was held by the unanimous Court to be binding in Amy v. Watertown, No. 1, 130 U. S. 301. See 22 U. S. 207-208; 53 U. S. 317-318. I have mentioned the scope given to the saving of a common law remedy, and have referred to cases on the statutes adopting state pilotage laws. Other instances are to be found in the Acts of Congress, but these are enough. I think that the same principle applies here. It should be observed that the objection now dealt with is the only one peculiar to the adoption of local law in advance. That of chanrobles.com-red
want of uniformity applies equally to the adoption of the laws in force in 1917. Furthermore, we are not called on now to consider the collateral effects of the act. The only question before us is whether the words in the Constitution, "The judicial Power shall extend to . . . all cases of admiralty and maritime Jurisdiction" prohibit Congress from passing a law in the form of the New York Workmen's Compensation Act -- if not in its present form, at least in the form in which it stood on October 6, 1917. I am of opinion that the New York law at the time of the trial should be applied, and that the judgment should be affirmed.
MR. JUSTICE PITNEY, MR. JUSTICE BRANDEIS, and MR. JUSTICE CLARKE concur in this opinion.


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Reed Sweatt Family Tennis Center offers a wide range of singles, doubles and mixed doubles leagues for all abilities. Our Winter leagues run from September - April. Our summer leagues run from May - August. Players must have a current annual registration and league fee to participate. View more information about InnerCity Tennis leagues.
Lesson Info For Adults and Children
InnerCity Tennis has lesson programs for children and adults of all ages and abilities. Children can begin in our free Super Saturday Program and advance into our paid Cities Academy program (smaller groups, more specialized instruction). Adults can choose between our beginner group lessons sessions and advanced drop-in drills. Private or semi-private lessons are available for youth and adults with any of our teaching professionals.
Location / Parking
InnerCity Tennis' offices and the Reed Sweatt Family Tennis Center are located in Dr. Martin Luther King Jr. Park on the corner of 40th St and Nicollet Avenue in South Minneapolis. Free parking is available, but please allow extra time as the lot (entrance on 40th St) is small and is frequently filled. Street parking is available on 40th St, 1st Ave, and Nicollet Ave. View Map
Non-member/Walk On Court Bookings
Non-registered players may do same-day booking for court time and ball machine rental. No guest fee for same-day booking. Call the front desk at 612-825-6844 to inquire about court availability.
Parties/Special Events
All or part of the center can be rented for parties, tournaments, and other special tennis events. For more information and to schedule your event, please contact John Wheaton, Executive Director at 612-584-4732.
Permanent Court Time (PCT) Reservations
InnerCity Tennis sells weekly permanent court time for the 8 month season (September - April). If you would like a PCT this upcoming season, please fill out this PCT Interest Form and email it to Laura Meyer. Note: we only have daytime or Sunday slots available at this time; if you are interested in other options, we can put your group on a waiting list. Email info@innercitytennis.org for more information.
InnnerCity Tennis has a small pro shop that sells rackets, strings, shoes, socks, over grips and replacement grips.
Scholarships are available for aspiring junior player in financial need. Please contact Laura Meyer, Junior Coordinator, for more information. Please fill out our Scholarship Request Form if you're interested in a Scholarship for the 2018-19 season and to hold a spot for your player. Our Scholarship Application will be available soon!
Racket stringing: $23-31; $20 with your own string
24 hour turn around available for a rush fee of $5
Replacement grips $10; Overgrips $2
Towel rental (50 cents)
Tennis Etiquette
View our Tennis Code of Conduct PDF
Please be considerate of other players. Do not walk onto your court until the designated time. To get to your court, walk behind blue backdrop curtains in designated walkway. If your ball goes onto another court, please wait for their play to stop, then ask for your ball. Poor behavior (racquet throwing) or bad language (swearing) will not be tolerated.
Occasionally, InnerCity Tennis will close due to inclimate weather. Please check our website for updates on the facility closing if the possibility of severe weather exists.

redpajama_set_name: RedPajamaCommonCrawl


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text:
Fakultet organizacije i informatike Sveučilišta u Zagrebu (FOI) nalazi se u Varaždinu, Hrvatska.

Povijest
Dana 18. prosinca 1974. Fakultet organizacije i informatike započinje s radom jer je tog dana nastalo Znanstveno-nastavno vijeće koje se sastojalo od nastavnika i profesora izabranih od strane Matičarske komisije Sveučilišta u Zagrebu.

Centar za ekonomski studij u Varaždinu osnovao je Narodni odbor kotara Varaždin 13. srpnja 1960. godine. Isti je Centar bio temelj na komu se gradila Viša ekonomska škola u Varaždinu, osnovana 1. lipnja 1962. Viša ekonomska škola 9. prosinca 1974. prerasla je u Fakultet organizacije i informatike . 1985. godine uspostavljen je poslijedoplomski znanstveni studij iz iz informacijskih znanosti koji je obnovljen 1996. godine, a uključivao je i doktorski studij.

Prvi magistarski rad i prva doktorska disertacija obranjeni su prije ustanovljenja poslijediplomskoga studija. Prvi magistarski rad obranio je Borut Juvanec 21. srpnja 1980. na studiju Istraživanje i unaprjeđivanje dizajna. Prvi doktorat znanosti stekao je 24. studenoga 1981. Boris Zver, na tezu Proces pripremanja i donošenja samoupravnih i poslovodnih odluka, te njihov utjecaj na rezultate poslovanja organizacija udruženog rada. Prvi poslijediplomski studij koji se u cijelosti izvodio na Fakultetu počeo je akademske 1981./1982. godine pod nazivom Samoupravno organiziranje i odlučivanje.

Tadašnji Centar za studij bibliotekarstva, dokumentacije i informacionih znanosti pri Referalnom centru Sveučilišta u Zagrebu nudio je od 1961. studije, koji su osigurali osnovicu za razvoj suvremenoga poslijediplomskoga studija na Fakultetu. Zadnja generacija studenata ovoga PDS-a bila je upisana akademske 1979./1980. godine; studij se u početku zvao Specijalno bibliotekarstvo.

Uvođenje europskog sustava prijenosa ECTS bodova
Sveučilište u Zagrebu na sjednici Senata 1999. odlučilo je uvesti europski sustav prijenosa ECTS bodova. Nakon što je Republika Hrvatska 2001. pristupila Bolonjskoj deklaraciji, ECTS bodovni sustav postaje instrument harmonizacije visokoga školstva u zemlji.
Od akademske godine 2005./2006. na FOI-u je uveden Bolonjski sustav studiranja.

Preddiplomski studij
FOI je do akademske godine 2020./2021. samostalno izvodio preddiplomski studij koji je imao dva smjera:

 Informacijski sustavi
 Poslovni sustavi

Procesom revizije, a prateći trendove i suvremeno tržište rada, od akademske godine 2020./2021. Fakultet izvodi studijski program Informacijski i poslovni sustavi. Revidirani studijski program Informacijski i poslovni sustavi na prvoj i drugoj godini studija studentima omogućava polaganje iste grupe obaveznih predmeta, dok im se na trećoj godini omogućavaju nove izbornosti, odnosno nove četiri grupe izbornih predmeta, usklađenih s ovim modulima:

 Razvoj programskih sustava
 Umjetna inteligencija u poslovanju
 Umreženi sustavi i računalne igre
 Analiza i dizajn poslovnih sustava.

U suradnji s Ekonomskim fakultetom iz Zagreba FOI izvodi preddiplomski studij Ekonomika poduzetništva.

Diplomski studij

 Informacijsko i programsko inženjerstvo
 Organizacija poslovnih sustava
 Baze podataka i baze znanja
 Informatika u obrazovanju
 Ekonomika poduzetništva

Na FOI-u također postoji i doktorski studij te razni specijalistički studiji.

Poslijediplomski studij
 Doktorski studij Informacijske znanosti
 Specijalistički studiji: Inženjerstvo i reinženjerstvo organizacija informacijskog doba, Upravljanje sigurnošću i revizijom informacijskih sustava te Menadžment poslovnih sustava.

Stručni studij

Primjena informacijske tehnologije u poslovanju
 Nastava se održava u Varaždinu te centrima Sisak, Zabok i Križevci
 Preddiplomski stručni studij traje 3 godine i nosi 180 ECTS bodova
 Završetkom studija stječu naziv stručnog prvostupnika/prvostupnice poslovne informatike
 Kompetencije koje završetkom studija se stječu su sljedeće: poznavanje područja matematike, ekonomije te stranih jezika kao podloga za usvajanje potrebnih stručnih znanja, poznavanje ekonomskih metoda te metoda upravljanja organizacijom, poznavanje životnog ciklusa proizvoda, modeliranje jednostavnih programskih rješenja, sposobnost primjene programske potpore za jednostavne organizacijske procese, poznavanje izrade dokumentacije informacijskih sustava

Dekani i direktori

Direktori Centra za ekonomski studij
Ivan Kocijan (1960. – 1961.)
Mladen Habek (1961. – 1962.)
Martin Cerovac (1962. – 1969.)

Direktori i dekani Više ekonomske škole
Mladen Habek (1962.)
Aleksandar Bergstein (1962. – 1964.)
Ivan Kocijan (1964. – 1966.)
Aleksandar Bergstein (1966. – 1968.)
Juraj Martinčević (1968. – 1969.)
Franjo Ruža (1969. – 1970.)
Stjepan Mihalić (1970. – 1971.)
Ivan Kocijan (1971. – 1972.)
Zvonimir Gabud (1972. – 1974.)
Franjo Ruža (1974.)

Dekani Fakulteta
Franjo Ruža (1974. – 1976.)
Stjepan Mihalić (1976. – 1978.)
Franjo Ruža (1978. – 1980.)
Stjepan Bratko (1980. – 1982.)
Miroslav Žugaj (1982. – 1983.)
Boris Zver (1983. – 1987.)
Franjo Ruža (1987. – 1988.)
Miroslav Žugaj (1988. – 1990.)
Boris Zver (1990. – 1995.)
Boris Aurer (1995. – 1999.)
Miroslav Žugaj (1999. – 2001.)
Tihomir Hunjak (2001. – 2003.)
Željko Hutinski (2003. – 2007.)
Tihomir Hunjak (2007. – 2011.)
Vjeran Strahonja (2011. – 2015. )
Neven Vrček (2015. – 2019.)
Nina Begičević Ređep (2019. – )

Izvori

Vanjske poveznice
 FOI - Fakultet organizacije i informatike, u Varaždinu.

 Fakulteti u Hrvatskoj
Varaždin
Računarstvo u Hrvatskoj

redpajama_set_name: RedPajamaWikipedia


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text:
Former U.S. Attorney Joins Skadden
By Lawdragon News | March 4, 2014 | Press Releases
LOS ANGELES – March 4, 2014 – Skadden, Arps, Slate, Meagher & Flom LLP announced today that Nili T. Moghaddam, a former Assistant United States Attorney, has joined the firm's Los Angeles Litigation Group as counsel.
Ms. Moghaddam joins Skadden after nearly six years with the U.S. Attorney's office in Los Angeles, during which time she was involved in numerous cases related to racketeering and financial crimes. Among these, she prosecuted 17 defendants charged with structuring nearly $9 million in proceeds related to a pharmaceutical diversion scheme, and she was involved in the prosecution of 43 defendants charged with RICO conspiracy, narcotics conspiracy, money laundering, and various violent crimes in aid of racketeering.
"Nili is highly adept at handling complex litigation matters, and she has achieved remarkable success in the courtroom. Her capabilities will further enhance the breadth and depth of our practice and bolster our ability to provide quality litigation counsel to our clients," said Thomas J. Nolan, West Coast Litigation Practice Leader.
"Skadden attorneys are at the top of their game in practicing complex litigation, and I am honored to be joining the firm's renowned Litigation Group in Los Angeles. I look forward to working with such an extraordinary group of practitioners," said Ms. Moghaddam.
Earlier in Ms. Moghaddam's career, she clerked for the Honorable John S. Martin, Jr. in the U.S. District Court for the Southern District of New York. Prior to joining the U.S. Attorney's Office, she worked as a litigation associate at a prominent New York law firm from 2003 to 2008. Ms. Moghaddam is a member of the Women Lawyers Association of Los Angeles and the Pacific Council on International Policy, and she serves as the Los Angeles steering committee chair for the Public Affairs Alliance of Iranian Americans.
A graduate of Brown University, Ms. Moghaddam received her law degree from Columbia Law School in 2002, where she was named a James Kent Scholar and a Harlan Fiske Stone Scholar.
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text:
Home Folk tracery in Plovdiv
Folk tracery in Plovdiv
On June 10, 2012 the first national examination for students of choreography was held in Plovdiv. "Ivan Vazov" Secondary School in Sopot was presented by a dance formation, including 52 students from specialized classes with the choreographer -Margarita Gudeva and the accompanist- Hristo Hristov. The forum was conducted with support from the Ministry of Education, Youth and Science. The initiative is a school "St. St. Cyril and Methodius" from Plovdiv and it was not adversarial. It aims to support gifted children in dance and expand their creativity, to create conditions for the realization of cultural contacts of the groups, opportunities for exchange and enrichment of teaching experience in the Bulgarian folk choreography.
Ten members from Plovdiv and the region attended in the celebration. The celebration began with a parade of choreographic formations along the main street, starting from the Post Office at 16:30 and ending at the Ancient Theatre in Old Town. Citizens enjoyed laughing boys and girls in traditional costumes, welcomed the young generation, who lives with the rhythms and colors of the Bulgarian traditions and followed them to the Old Town. There the concert was held at the Ancient Theatre. The ceremony was officially opened by Ivanka Kirkova - Head of the Regional Inspectorate of Education. Special guest was Mrs. ElenaTarnichkova – a head expert in "General Education" in the Ministry of Education, which closed the ceremony and award certificates and plaques for all participants.
Our dancers presented the composition "Feast in the Rose Valley" which was unique and original. They presented the richness and beauty of dance and songs of their region by the accompaniment of the orchestra. St. George's Day swing, lively people and the jests of young men and women reminded recently resolved spring customs and traditions in the Bulgarian folk calendar. Teachers, parents and pupils were proud of the superb performance that gave them confidence for new creative projects.


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This problem will obviously not be negotiated on its own, however, and other less controversial aspects will also be on the table (financial conglomerates and double gearing of equity, as well as the nature of financial instruments that can be considered common equity tier 1' capital).
Double Gearing describes situations where two institutions use shared capital to protect against risk occurring in separate entities.
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text:
Q: Are the Swing LayoutManagers adequate? I just had to add a checkbox to an application that was written before I got here, and it was way more difficult than it had to be because the app uses some third-party LayoutManager that attempts to do pseudo-absolute, gridlike positioning.  The API was terrible, it takes position-designating strings that are comma-delimited lists of two, four, or six parameters (I still don't know why this varies), and I would much rather let the LayoutManager handle a lot of this grunt work, anyway.  I've always felt like allowing Swing to position things itself led to better organization than anything I could generate.  I felt the same way with CGI applications, where other than occasionally grouping checkboxes or radio boxes with tables I pretty much just let the browser flow and wrap things however the user wants.
Are the LayoutManager implementations included with Swing adequate, or is it really necessary to incorporate this kind of absolute control to force the layout to be exactly what you want (and give you a million more decisions to make)?

A: This situation is getting a lot better. I would say the three most common non-standard layout managers are:

*

*JGoodies FormLayout

*TableLayout

*MigLayout

The last two are pretty similar, but MigLayout came slightly later, and will be part of the JDK in future. I'd say any of the three have "standard" enough to use fairly comfortably, but MigLayout is likely to win out now it's to be part of Swing itself.
So at the moment, I'd say no. Once MigLayout's in the JDK, yes.

A: Personally, I think that the Java layout management concept is the coolest thing since sliced bread; essential for resizeable windows - just look at all the windows in Windows which aren't resizeable as an indication that having an abstract layout manager is a good idea.
That said, the layout managers in Java are adequate, but require a fair amount of nesting to get to where you need to be.  That nesting makes changing things cumbersome.  Look into BoxLayout and BorderLayout as your staples; use GridBagLayout only as a last resort.
You best option is to incorporate a decent table oriented layout to minimize the nesting; others have already suggested several so I won't reiterate.  I rolled my own because I wanted String based constraints and a tiny footprint, but otherwise I was quite tempted by TableLayout; and if distribution size is no object you absolutely must take a look at the widgets and layouts offered by jGoodies (free I think, but perhaps only for non-commercial use??)
I typically use a table layout for the window and end up nested only sometimes and usually just one level deep for runs of related components, say three boxes for a phone number separated by two labels for the dashes in between.  I find my windows to be highly maintainable and it's easy to add to them and change them around.
PS: Avoid any absolute positioning like the plague

A: The layout managers from Swing are generally sufficient to do whatever it is you are trying to do. At the "worst" you will have to use complete GridBagLayout and position each component on your own using coordinates. From your question, it sounds like your company has written a cover for by allowing you to add components using some bizarre input scheme. I would generally recommend not creating a new layout manager unless you can really explain how none of the built-in managers do what you need it to do, nor can they be joined easily to do what you need.

A: In my experience they're adequate providing your prepared to do a bit of nesting (in some cases a lot of nesting!)
Either way I've always found layout managers to be be more trouble than they're worth.

A: I've never been a big fan of Swing layout managers, but I came to Swing from having done a lot of Motif.  I'm not sure what it is, but it doesn't seem to me like Swing has the ability for something nested down low to "push out" and force the things higher than it to be big enough to fit them in.  Also, I was a really big fan of XmForm and there's nothing like it in Swing.
That said, 90% of the time in Swing I use a bunch of nested Boxes - usually vertical boxes within horizontal boxes within vertical boxes.  Sometimes I need more control and I did out the manual for GridBagLayout and shudder.

A: From your description you may be using TableLayout. If so I have found this to be superior to the standard layout managers in many ways. If it is TableLayout try reading the documentation and you will then understand why there are sometimes different numbers of positioning parameters. TableLayout also allows you to set these parameters in a different way, without the Strings.

A: In addition to the 3 abovementioned 3rd party layout managers, you might want to give a try to DesignGridLayout which, although not as powerful as MigLayout, is much easier to use and makes it difficult to design bad forms.
Disclaimer: I am one of the authors of DesignGridLayout, but I really believe this is a good LayoutManager compared with Swing default ones, and also other 3rd-party layouts that are a bit too complicated to start with.

A: I've always thought that GridBagLayout is a really powerful LayoutManager. Unfortunately the learning curve to master it might be a bit too steep. My first job did not allow us to use any GUI builders so all GUI code was handwritten. I've always felt that this is the best way to learn GridBagLayout, getting your hands dirty. Nowadays, being old and lazy I mostly use NetBeans but I still have never felt the need to consider other LayoutManagers since GridBagLayout can do everything.
To me also a grid is a really good way to layout things. It just makes sense to organize your layout that way and think of it in terms of rows and columns.

A: I haven't done any Swing work for a couple of years now, but the layout managers are one of the things I miss the most when trying to write web pages.  We did alot of work with GridBagLayout especially for the more complicated dialogs and once mastered was relatively easy to use - when writing the screens.  The pain always came when having to modify the GUI and what on the surface would seem simple would take a stupid amount of time to get done.
I was introduced to Abeille, a GUI form designing tool, and while not perfect enables you to build screens in a matter of minutes with professional looking results, especially when combining it with JGoodies.  It includes a code generator or would output to binary format (I think it included XML later on) which was my preferred option.  The code to "build" the screen then looked like this:
FormPanel panel = new FormPanel( "myDialog.jfrm" );
add(panel);

You can hook into the controls on the form for action listeners and when employing an MVC pattern leads to some really clean view code.  The biggest benefit comes when making changes tho, as the form can just be loaded into the editor, changes quickly made and saved with no alteration to the code.
(I am in no way associated with Abeille, just a big fan)

redpajama_set_name: RedPajamaStackExchange


text:
Cette page recense les armes à enquerre, ou parfois armes fausses car elles ne respectent pas les règles de contrariété des couleurs : « jamais métal sur métal, ni émail sur émail. »

Cet armorial n'a pas vocation à l'exhaustivité : il ne retient que les blasons issus des pages de Wikipédia présentant les armoriaux des pays, des communes, des corporations (y compris dans les armes imaginaires).

Vous pouvez consulter également l'Armorial des armes à enquerre (familles)

Godefroy de Bouillon, Royaume de Jérusalem

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