177 P. 848 | Cal. | 1918
Lead Opinion
In North Alaska Salmon Co. v. Pillsbury,
In 1915 the scope of the act was extended by the addition of a new section (75a), reading as follows:
"The commission shall have jurisdiction over all controversies arising out of injuries suffered without the territorial limits of this state in those cases where the injured employee is a resident of this state at the time of the injury and the contract of hire was made in this state and any such employee or his dependents shall be entitled to the compensation or death benefits provided by this act." (Stats. 1915, p. 1101.) *769
We have before us, in each of the above-entitled proceedings, a writ of certiorari issued on behalf of the employer to test the validity of an award made pursuant to the terms of this section. The two proceedings are presented on a single set of briefs.
The petitioners do not question the existence of the general legislative power which, in our opinion in the North Alaska Salmon Company case, we assumed to exist. The sole ground of attack is that section 75a involves an unjustifiable discrimination against employees who are not residents of this state, and thus violates the provision of the constitution of the United States declaring that "the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states" (art. IV, sec. 2), and that prohibiting any state from denying "to any person within its jurisdiction the equal protection of the laws." (Amdt. XIV, sec. 1.) Under settled principles of constitutional law, the petitioners are not in a position to raise this question. Generally speaking, the courts will not consider the constitutionality of a statute attacked by one whose rights are not affected by the operation of the statute. (12 C. J. 760;Scheerer Co. v. Deming,
This reasoning is decisive of the present case. If section 75a contains — we do not say it does — an unwarranted discrimination against nonresidents, the only persons entitled to attack the law on this ground are members of the class thus excluded from the benefits of the legislation. No constitutional *771 right of the employer is invaded by the action of the legislature in subjecting him to a less extensive liability than might have been imposed. Not being required to pass upon the constitutional question sought to be raised, we would not be justified in entering into a discussion of its merits.
Each of the awards is affirmed.
Richards, J., pro tem., Wilbur, J., Melvin, J., Victor E. Shaw, J., pro tem., and Angellotti, C. J., concurred.
Rehearing denied.
In denying the rehearing, the court filed the following opinion on April 17, 1918:
Addendum
On petition for rehearing, the petitioners contend that the award should be annulled because, as is claimed, the facts were such as to bring each of the proceedings within the exclusive admiralty jurisdiction of the federal courts. No such point was suggested in the argument on which the petitioners submitted the cases for decision. It is the settled rule of this court that points made for the first time on petition for rehearing will not be considered.
On the questions actually argued, we are satisfied with the conclusions declared in the opinion filed.
The petition for rehearing is denied.