to quarantine, and that if he does not act there is no invalidity in the state action. Such construction as that can not be given to the federal statute. The obligation to act without respect to the states is put directly upon the Secretary of Agriculture whenever quarantine, in his judgment, is necessary. When he does not act, it must be presumed that it is not necessary. With the federal law in force, state action is illegal and unwarranted."
Two of the justices dissented (McReynolds and Sutherland), and expressed themselves, in part, as follows:
"We cannot think that Congress intended the Act should deprive the States of power to protect themselves against threatened disaster like the one disclosed by this record. It is a serious thing to paralyze the efforts of a State to protect her people against impending calamity and leave them to the slow charity of a far-off and perhaps supine federal bureau. No such purpose should be attributed to Congress unless indicated beyond reasonable doubt."--Oregon-Washington R. R. Co. vs. State of Wash., 46 Sup. Ct. Rep. 279.
WORKMEN'S COMPENSATION DECISIONS
To prove that service was being rendered in course of employment at time of injury, received while travelling to work, mission for the employer must be the major factor in the journey or movement. The incidental carrying of tools to and from home by employee using his own car, although customary on part of employee, does not bring injury, while so travelling, within the course of employment.—Eby vs. Accident Commission, 242 Pac. 901. (California, Dec. 1925.)
Injured employee cannot have benefits of compensation, unless he submits to medical treatment or operation that may reasonably be regarded as offering benefit, if not entire relief, and it is the duty of the Commission to determine whether refusal is reasonable or not.—Edison Co. vs. Accident Commission, 243 Pac. 455. (California, Dec. 1925.)
Where a board of education hires an independent contractor to put a flag pole on the school grounds, an injury to the assistant janitor of the school building sustained while he was voluntarily helping the contractor is not an injury in the course of employment.—Ross vs. School District, 207 N. W. 446. (South Dakota, Feb. 1926.)
