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The Federal Employers' Liability Act,1 despite its tide, is an act regulating the work-injury liability, not of employers in general, but merely of railroads. The predecessor of the present statute was similarly limited to railroad employees.2 However, a Supreme Court then anxiously guarding a narrow interpretation of the Constitution's commerce clause declared the Act unconstitutional as not expressly confined to the regulation of interstate commerce.3 The 19o8 Act therefore made it clear that the law was to apply only to carriers "by railroad while engaging in commerce between any of the several states. . . ."' The 1939 amendment extended the coverage to railroad employees any part of whose duties is the "furtherance" of or "in any way directly or closely and substantially affect" interstate commerce.5 Despite this broadening of scope, the FELA is still confined to railroad employees. 0 And even within this limit, the Act' is not a railroad workers' compensation statute, such as the Longshoremen's and Harbor Workers' Compensation Act' or the Federal Employees' Compensation Act.9 Rather, it is a statute modifying the duties under tort law of railroads toward their employees. Under the common law of torts, the master is liable to his servants for negligence, particularly in providing them with a safe place to work as well as with safe tools,10 and has a duty to help them when in peril."1 These duties, however, are or at least were' 2 subject to con-

FELA or Uniform Compensation for All Workers?