The sun. (Jacksonville, Fla.) 1905-1908, 1906-04-28
Fourth Page

express company claiming that contract with an
employee absoved it from damages on account of in
jury received through negligence of the company
Inc court decided that such contract was void and
against public policy. portion of the opinion
handed down by Judge Gray reads: Contracts are
illegal at common law, as being against public mol.
icy, when they are such as to njurously affect or
sibvert the public interests The theory
OF their invaidty is in the Importance to the State
tat there shall be no relaxation of the rule of law
which imposes the duty of care on the part of the
employer toward the employed. The State is inter.
eS'eu IN the conservation OF the lives and of the
heathful vgor OF its citizens and If employees could
contract away their responsibility at common law t
would tend to encourage their part laxity of con-
duct In II not indifference to, the maintenance of
proper and reasonable safeguards to human life and
limb The rule of responsibility at common law ia
us just rs 1T is strict and the interest of the State
IN It's maintenance must be assumed; for it's nolcv
mas IN recent years been evidenced in the
enactment OF many laws which regulate the emnlov
ment OF children and the hours of work and ;mnose
strict conditions with reference to the safety and
healthfulness of the surroundings of the EMPLOYED
In the factory or in the shop. T. il ev;.
dent from the course of legislation framed for the
purpose OF afordng greater protection to the class
Vi the employed that the people of this State have
compelled the employer to do many things which at
common law ne was not under obligation to do. Such
eg'siae'on may be regarded as suppementine the
'o'hmoh law rule OF the employers responsbilitv
ana IS illustrative OF the policy of the State There
lore Is when an agreement is sought to be enforced
"hlch suspends the operation of the common law rule
OF liability and defeats the spirit of existing laws Of
the State because tending to destroy the motive If
the employer to be vigilant in the performance of
ms duty to his employees that it is the duty Of tho
court to declare it to be invalid and TO refuse n.
forcement" -"
g.. ~
At is noticeable that advocacy of States rights ia
being lessened while the demand for Federal sunsr
vision OF many things is increasing This condition
Is productive of bureaucracy and government NV com
mission, and tends to restrain the froodor - 80.
vldual State government practice NOT contemn,otoa
Dy the Constitution and trespass against the wei.
'Are Oh the people, In speaking ON this subject Rep
,o'en'a!Ve Sherley OF Kentucky said: "What ia
happening IN every State of the Union todayi The
eu'e Legislature, the State government, instead Of
being vrile and efficient, are becoming anything hut
'nat State officials do not want to use the power
oi their State governments because it means State
taxation 10 pay for its exercise, which the people
nave 10 pay directly out Of their pockets and so YOU
ma oicers OF State governments charged with these
matters coming up to the national government TO
ask IL TO DO what it is their duty to do SO that thew
DC relieved OF the burden and the States relieved Of
the cost believe it was intended that the individ.
aai States OF America should be sovereign States,
keeping at nome among the people 90 per cent of
the things that affect life, liberty and propertv
believe the safety of the country lies in keeping such
government at home
But 1t is modern tendency to come to Wash
ston because it is easier than going to the different
STATES and 1t has gone far now that we have the
doctrine proclaimed that whatever is big because II
is big must be solved by the nationo, oovornn,ont
You will swamp your government. You will destroy
representative government in the true sense of the
term II You insist upon going along this road and
have taken occasion to make these remarks, not he.