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Supreme Court — Part 8
Page 43
43 / 109
oecupat lone frvesied ¥. pins Biates, BF, (ed) HS, C55 Mitte
‘ States -v. “ ary. 6 Me Petitioner lest his riet army
® se ®
Seseond. o> saletion 3149 was not adoptes util eleven years aft -
the insurance ptlley had lapeed and petitioner®s gauc* cf astitn tur oor
ral fully maturede Untoubtedly, the regulaticr in tem. fetiares t's"
pemmarent ises of <2 use of ose hané and one e7 shall te deceit tock
total permanent a.gatility under an insurance policy suhag tyct ofr cot
to petitionren ut the regulation is both inerplicatie and invalid.
Tt ie icapy..tatie tecmuse it contaiis nothing te sugrest that i+
Was to be given a retroapective effect eo as to tring within its purview 3
policy @hich hac long since lapee3 and which had reiatior only te ay ale
leged cause of action long since matured. The lat is well settled thet
ecoerally a statute cannot te construed to operate retrospectively urnlios
the legislative intention to that effect unequivecally appoars. Twer.t;
per cert, cases, 20 Wall. 179, 187; Chow Reong We United States, ile
UeSe Sd, S29; Fullerton Soe we Northern Pacific, 266 U3. 40., 477. Ti.
principle is atrictly aprlicatle to statutes wiich inve the effect of
creating an obligation. An atsinistratiwe regulation 13 subject to th:
rule eqaally with a statute; and accordingly, the reewlation kere inviived
fust be taken to operate prospectively only,
It ia invalid be cause not Within the authority conferred ty the
stetute upon the Cireetor (or his successor, the Administrater) to make
regulations to cerry out the purposes of the act. It is not, in the sense
of the statute, @ r- ulation at all, but legislation. The etfect of ti:
atatute in force u* tne tim of the adoption of the s¢evallcd regulatic:
sa that in ress.ct . 2 comcnsation tilowances, lors of a hand and an cy
st-.l be decmed tet.) permanent disstility as a aotter sf low, Bere
“Ang no such prov. ton w'th respect to etacr of ingarance, the queatior
“ether s logo Of tect “ .ratter or ny other cpecif fis dia.tility concti-
tutes total permmencit c.astility fe left to be dvtermin dar anther of fct.
Tec vite of th. roouluatioe, therefor, ds tht it escume to convert wut
tn the ticw of t.. stctute fa a question of f° ct requlrire proof into °
conclusive prevg.ction which disponses wit! rreef? and naccluds disputes
Tris ta toyend afain: strative powur. Tho onl. cuthority canfurred, oF
whith towld be fantorre!, ty the atetute ds te meur meulstions te cerry |
ous the purposes of tie act « pot to awnd '% Yinits {States we BOC Barrels
Of “Miseey, BE Ue oe 7T, STE; Morrdil we For 2, AOC Usle aoe, 827% Yet
mtates ve Grimni., 22. JS. O06, LI? Canriell vw selene Chantal Cee,
CH1 UsSe S04, Clue
Tt.ird. The turden war on petitioner not only to chow the charactes {
an23 extent of hiv injury, but alao to shov that tas result of the dsfury
was to disatie hin permanently fron following any so ctuntiolly cance!
tet he had been rightehanded, («fore tee induaci ce
: Setioal enginoer Operating @ survoying incticment; Pat with tir
his right am he could mot operate such an inetramnt. In Wis he
yareed cemploymmnt in a packing house, but found hime lf unatie ts oes as
SS Omployrrnt becuase it necessitated Lifting teavy quarter of ort fe.
be could net do wit. om arm He was aloo unabli to teks ori:s. tor the
house because he coulf not hold the receiver of the telephan: antrrit
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