The labor world. [volume] (Duluth, Minn.) 1896-current, 1905-12-02
BADGER STATE COURT
!. GIVEN NEEDED ROAST
Supreme Court Charged With
Being q Strong 0orpor.
alton .Bulwark.
Express Messenger Injured in
Wreck Loses Because He
Signed Away Rights.

the Supreme Court Of that state much
needed roast this week. He mentions
tho case Of an express messenger IN
jured In a. railway wreck, and who
lost: in court, because he he'd signed
| away. his rights when given employ
mont by the express company. Mr.
Berger's criticism is well worth per-
! usal. It il as follows:
Far from our courts safeguarding
the liberty Of the people. they are con-
| stantly being used to put the hnal
| riyets in the chains with which the
| capitalist system loads down and dis
i cipline the dispossessed classes. More
especially is this SO with the supreme
l. courts, both state and federal. They
are not only capitalistic, but corpora
| tion capitalistc at that.
"When a workingman sues a capt.
| alist in a lower court. the capitalist IL
usually able to shake him off by ex-
pensive delays, by buying up a jury
or by favor Of q corporation Judges
capitaiistio rulings. But when work.
er IL able to break through the flnan-
cial barriers and get his case to the
supreme court. he must face ex-corpor-
alton attorneys who got on the supreme
bench by corporation influence, and
they generally manage to give him
about what he can expect from such a
situation.
$50 far as the workingman,s interests
are concerned, 1t is held that the worst
supreme courts in the country are those
in Pennsylvania, Wisconsin and New
Jersey. It is the Wisconsin supreme
court to which we would call atten-
tion.
| During the past year its decisions
hgured.:x. haXa,e~ been almost uniformly
capitaiistio: 1t@@ has been q corporation
bulwark Let as take a specimen de-
cision OF this great court of Justice"
IAN express messenger named Peter
son was injured in wreck between
Milwaukee and Green Bay. The train
In which the express car was being
drawn ran into a freight and was
wrecked: Peterson sued the Chicago &
Northwestern railway company for
idanaaEes: The case was tried In the
circuit court Of Brown county, Wis,
e1hd The decisIon was In favor OF the
railroad. Paterson appealed to the Su-
preine Court: supposing that tribunal
stood. for Justice and humanity. He
was, soon >disebNsed.~ The lower court
wes ,su4tained aud again the American
eagle Of capitalism screamed with ex-
ultatiOn.
1T seems that Peterson, when he Sc
cured his job, signed paper cunning
lyt drafted by corporation attorneys,
practteaalxs forfetttag his independence
ais E.ea* 4lasy;* worse than this. it
swore away rights belonging to his
family as we'll. The paper stood be-
tween him and work, and he signed
under economic pressure and scarcely
realizing its real purport. Here is part
Of what he. signed:
:" Now, therefore, in consideration Of
the premises and of my said employ
ment, do hereby assume all risk Of
accidents and injuries which L shall
meet with or sustain in the course of
my employment, whether occasioned or
resulting by or from the gross or other
negligence of any corporation or per-
son engaged in any manner in opsrat-
ing any railroad, or vessel, or vehicle.
or Of any employe Of any such corpor-
alton or person, or otherwise, and
whether resulting in my death or other
wise. And hereby agree to indemnify
and save harmless the American Ex-
press company of and from any and
all claims which may be against It at
any time by any corporation or person
under any agreement which it has
made or may. hereafter make, arising
out Of any claim or recovery upon my
part, or on tho part Of my representa-
tives, for damages sustained by reason
Of my injury or death, whether such
injury or death result from the gross
negligence of any person or corpora
corporation, or otherwise. And I here
by bind myself, my heirs. executors
and administrators with tho payment to
such express company, upon demand.
Of any sum which 1t may be compelled
to pay in consequence Of any such
claims, or in. defending thes same, in
cludink all, counsel fees and expenses
Of litigation connected Herewith. l do
further. agree that in case shall at
my own expense, execute and deliver
to the corporation or persons owning
or operating suoh. railroad, stage or
steamboat line upon which I sail be In
tured, a good and sufficient release un-
der my hand and seal of all claims. de-
mands and causes Of action arising
out of such injury or connected with or
resulting therefrom.. And do hereby
ratify all agreements heretofore made
by said express company with any cor
poration, or persons, operating any rail-
road, stage or Ateamboat line in which
said express company has agreed: In
substance that its employees shall have
no cause sof action for injuries sus-
tatned In the course OF their employ
ment upon the line Of such contracting
party, and / agree to be bound by each
and every Of such agreements in 80 far
az the provisions thereof relative to
injuries sustained by employees of tho
oompany are concerned, az fully az II
swero = party thereto. And I do hsrs-
by anthorise and empower said express
company at any time while shall re-
main In its. service. to contract for me
and on my behalf In its own name or
- yr1xN, -, nr11nro Hf1,,. - v,Av.