. 149 (1920).

[390] Ibid. 160. For the discussion of the statute as an invalid
delegation of power, _see_ ibid. 163-166. Justice Holmes wrote a dissent
in which Justices Pitney, Brandeis and Clarke concurred.

[391] 42 Stat. 634 (1922); overturned in Washington _v._ W.C. Dawson &
Co., 264 U.S. 219 (1924).

[392] 44 Stat. 1424.

[393] Nogueira _v._ New York, N.H. & H.R. Co., 281 U.S. 128 (1930);
Vancouver S.S. Co. _v._ Rice, 288 U.S. 445 (1933).

[394] 244 U.S. 205, 216.

[395] 317 U.S. 249 (1942).

[396] Ibid. 252.

[397] Ibid. 253. Citing Baizley Iron Works _v._ Span, 281 U.S. 222, 230
(1930).

[398] 317 U.S. 249 (1942). Cases cited as strengthening the claim were
Sultan Ry. & Timber Co. _v._ Dept. of Labor, 277 U.S. 135 (1928); Grant
Smith-Porter Co. _v._ Rohde, 257 U.S. 469 (1922); Millers' Underwriters
_v._ Braud, 270 U.S. 59 (1926); Ex parte Rosengrant, 213 Ala. 202 (104
So. 409), affirmed 273 U.S. 664 (1927); State Industrial Board of New
York _v._ Terry & Tench Co., 273 U.S. 639 (1926); Alaska Packers Asso.
_v._ Industrial Accident Commission, 276 U.S. 467 (1928). Cases cited
against the claim were Baizley Iron Works _v._ Span, 281 U.S. 222
(1930); Gonsalves _v._ Morse Dry Dock Co., 266 U.S. 171 (1924); Nogueira
_v._ N.Y., N.H. & H.R. Co., 281 U.S. 128 (1930); Northern Coal & Dock
Co. _v._ Strand, 278 U.S. 142 (1928); Employers' Liability Assurance Co.
_v._ Cook, 281 U.S. 233 (1930). Justice Black _also_ cites Stanley
Morrison, Workmen's Compensation and the Maritime Law, 38 Yale L.J. 472
(1929). In the Davis case the Court was not guilty of exaggeration when
it declared that "the very closeness of the cases cited * * * has caused
much serious confusion," and went on to picture rather vividly the
jurisdictional dilemma of an injured employee who might suffer great
financial loss as a result of the delay and expense if he guessed wrong,
and might even discover that his claim was "barred by the statute of
limitations in the proper forum while he was erroneously pursuing it
elsewhere." 317 U.S. 249, 254. Likewise the dilemma affected employers
who might not be protected by contributions to a State fund and at the
same time be liable for substantial additional payments. The Court had
harsh words for the Jensen rule but indicated that its reversal would
not solve the problem. Ibid. 256. Justice Black also pointed to Parker
_v._ Motor Boat Sales, 314 U.S. 244 (1941), where the Court, after
stating that Con