The Cairo bulletin., 1908-10-26

ltype Of counsel, so that their cases
lwere not properly presented, AM
THAT in his judgment Mr., Judsof
! would be sure to present the cast
laright. He stated that the decisi 4
of the court ought certainly to be ii
Their favor The case was argu q
before the United States circuit court
nf appeals by Mr. Judson and Mr.
Rubin, Ct Milwaukee for the unicn
and by Mr. James NJ Beck, counse
lfor the National MANI facturers' as
lsociation, for the company.
Court AGREES With Taft.
The decision of the court was
handed down in Chicago on the Sth
lday Of this month, and it just fies
Judge Taft's wisdom, for it sustains
! the important contentious of the
! labor unions. The court holds that
while Under the facts of the case the
company was entitled to some IN
| junction relief, the decree went far
beyond the proper limits. 1t struck
out of the decree all of the provisions
which prevented peaceful picketing
or the exercise of the right of per
suasion in inducing employees to join
the strike and also all reference to
boycotting on the ground that there
was no boycott, as the members of
the union had a right to refuse tc
handle struck" work-that is, the
work from a factory where they were
on a wherever they found it.
Taft and Narramore Case.
While on the bench Mr. Taft rem
dered a service to labor so great that
it can hardly be overestimated. This
was in the Narramore case against
the G. C. c. and St l.. railroad. The
plaintiff while in the employ of the
company had been hurt because the
company had not provided the pro
lection which the statute required it
to furnish its employees. He got
verdict from the jury. The railroad
appealed, and its counsel, Mr.. Judson
Harmon. argued that the verdict
should be set aside because the en-
ploye had kept at work, although he
knew the railroad had violated the
law, and that therefore he had really
contracted to take all the chances OF
being hurt. This conclusion. to my
mind a cruelty iniquitous conciusltn,
had up to that time been sustained
by most of the courts, including the
New York state court of appeals.
Nevertheless Judge Taft refused to
follow the New York case, stating
that the manifest legislative purpose
was to protect the employe by posi-
tive law, for the very reason that it
had proved impossible for him to pro-
tect himself by contract, and that
the entire purpose of the law would
he defeated if the employe was al
lowed by any form of contract to eX-
empt the railroad company from the
of its failure to OBJ
serve the law.
Taft's Decision Important
This case has been cited all over
the United States by counsel for
injured through the failure
of their employers to furnish the pro
lection required by statute for their
safety. Judge Taft's decision was
that when a law is made applying to
a dangerous business, in which four
thousand men are killed and sixty
five thousand injured every year, the
is that the railroads shall |
obey the law and that it shall not !
be nullifed by judicial construction. |
Very many judges. unfortunately, f,
have failed to follow his reasoning,
but other judges, and the law-making /
bodies as well. have followed IT, and
this great decision marks one of the
Cngest strides taken in the effort TO
secure for wage-workers full protec-
-lOH dSdihhis anu luli compensation
'or, injuries received by them in the I
inc of their duty Here again Judge
raft rendered one of the greatest
services that has ever been rendered
o the cause of labor
The two cases 10 which I have re-
erred have a further Importance
when it is remembered that the
resident now to be chosen will prob
lhly himself choose a majority Of the
Justices Of the supreme court during
he next four years. II would be a
lreadful calamity to have these Jus
ices chosen by a man Of less than
'ir Taft's high purpose. great knowl-
'dge Of the needs Of the people and
irT resolution to do justice to every
Individual and every other interest
This IS enc Of the vital questions
.ow before the American people. 4