directly or closely and substantially, affect such commerce'.
Congress is presumed to have knowledge of the status of the law when it is legislating on a given subject. By its failure to expressly except from the provisions of the 1939 Amendment to the Federal Employers' Liability Act railroad employees formerly excluded on account of the Longshoremen's and Harbor Workers' Compensation Act and decisions interpreting said Act Congress thereby demonstrated its intent to change the existing law to that extent and to afford the protection of the Federal Employers' Liability Act to all railroad employees whether the injuries are sustained on land or on navigable waters. Under the 1939 Amendment the question of whether the injuries occurred on land or on navigable waters and also the question of whether or not the employee at the time of the injuries was actually engaged in interstate transportation or in work so closely related as to be deemed part thereof need no longer be considered in determining whether or not the employee is covered by the Act. The broad question to be determined is whether or not the employee's duties in whole or in part are in furtherance of interstate commerce or in any way directly or closely and substantially affect such commerce.
Finally, it should be pointed out that the intent of Congress to include within the coverage of the Federal Employers' Liability Act, as amended, is strongly indicated by the fact that it used again in the 1939 Amendment the words 'boats, wharves, or other equipment' found in the original Act. To impute to Congress a contrary intent would be to do violence to the express wording of the Act. The words can only mean that railroad employees injured on boats, wharves, or other equipment of the company have the protection of the Act and such protection cannot be taken away merely because such boats or other equipment happens to be in or on navigable waters at the time of the accident.
6. For reasons appearing herein we conclude that plaintiff is subject to the provisions of the Federal Employers' Liability Act and is entitled to the benefits contained therein. Accordingly, defendant's motion to dismiss insofar as it relates to the Federal Employers' Liability Act is denied. Insofar as it relates to the Jones Act, 46 U.S.C.A. § 688, and the general admiralty and maritime jurisdiction of the United States and of this Court the motion to dismiss is granted.
An order in conformity with the foregoing opinion will be presented.
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