Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-10-26


ployes TO join them is forcibiy set forth
| in this opinion, and it bases it's decision
| largely upon Taft's decision and upon
| the decision in the Wabash iniunc tion
case, which itself was largely based
upon Judge Tafts decision; SO that
Judge Tafts decision is declared by the
| court to have settled the law as tn the
substantial rights of the parties. ieav
ing only the application of the princi-
rles SO declared as new cases arose.
| Injunction Abuses Corrected.
The great Importance of this opinion
is that 1t corrects abuses that have
trept into njunctions and labor dis
putes ir the federal as We'll as the State
courts. This decision goes far to pro-
tect the rights oil working men, ard it
does SO because it is explicitly based
upon the labor decisions of Judge Taft
and this decision was secured only in
consequence of following the advice
given by Judge Taft as to the proper
course OF procedure. | speak from first
hand know leGSe, as / WAS person
ally cogEiZant of all the facts. 4 more
striking instance could not be mag ined
of the Jealous effort Of a public ser
want, which Judge Taft then was. to
secure justice for working men to
whom he thought injustice had been
Done. although the matter was not
within his immediate control at the
time. In this one instance Mr.. Taft
rendered to labor a great ami sigma
service; a practical service, which
shared Tile popularity OF Mr.. Taft's
other services, for his services take til,
form Of deeds To Their than mere words
. Taft and Narramore Case.
: While on the bench Mr. Taf
rendered a service to labor so grea
that it can hardly be overestimated
This was in the Narramore cas-,
against the G., G., c. and st. l.. rall
road The plaintiff. white working ii
the employ of the company had beef
hurt because the company had no
provided the protection which TIN
statute required it to furnish it.
employees He got & vel dict from tn
4 jury. The railroad appealed, and it
n counsel, Mr. Judson Harmon, argue'
$ that the verdict should be set asid
u because the cmpioye had kept at work
n although he knew the railroad ha
; violated the law, and that therefore h
: had really contracted to take all tn
chances of being hurt. This conclu
t sion, to my mind cruelty iniquitou
( conclusion. had UP to that time bee
susta med by most Of the courts, in
Guiding the New York State Court O
Appeals Nevertheless Judge Taft re
fused to follow the New York cast
= stating that the manifest icSiSlatiV
> purpose was to protect the employee b
positive law, for the very reason tina
- it had proved impossible for him t
y protect himself by contract, and tina
- the entire purpose of the law Woul
- be defeated if the empioye was al
lowed by any form of contract
- exempt the railroad company from IN
~ consequences Of it's failure to observ
=. the law.
e Tatt'5 Decision an Authority.
l. This case has been cited all over til
u United States by counsel for work
= men injured through the failure {
al their employers to furnish the protet
d ton required by statute for the
= safety. Judge Taft's decision wa
te that when a law is made applying to
re dangerous business, in which fOt
NJ thousand men are killed and siXty-fiV
L thousand men are injured every yea
20 the intention is that the railroads sha
~ obey the law and that it shall not
~ nullitied by judicial construction Ner
~ many Judges unfortunately. haI
Ft failed to follow his reasoning. III
1t other Judges. and the law maxim
m bodies as well have followed it, an
II this great decision marks one of I'll
10 longest strides taken in the effort
Is secure for wageworkers full protectic
Ne against, and full compensation for, Ii
t. iuries received by them in the line {
T. their duty. Here again Judge Ia
IT rendered one of the greatest service
1t that has ever been rendered to III
M cause of labor.
= The two cases to which | ha.
IT referred have a further importano
= when il is remembered that the Pres
Is dent now to be chosen will probabl
< himself choose a majority of III
y Justices of the Supreme Court durin
the next four years. 1t would be
dreadful calamity to have thes
le justices chosen by man of less tina
IS Mr.. Tar's high purpose, great knowl
e edge of the needs of the people an
N firm resolution to do justice to ever
l. one of the vital questions now befor
rs the American people.
Labor on Panama Canal.
>, Furthermore, I ask you to conSide
/, | what Mr. Taft has actually done as a
;, administrator. The Panama canal ma
i come specially under the direction an
~ control of Mr.. Taft as secretary G
h war He has taken peculiar interes
;s in the men who are digging that cana
~ He has made a special study of a
- that confrontS them He has made
:. his business to see that their interest
). are in every way amply protected
. that they have ample reward: tina
they are well housed, well fed, and, $
far as in his power lies, that they re
ceive compensation for injuries incur
red in the line of their duty. !
a., special committee which l have APP
pointed to look into the conditions o
labor on the isthmus which include
upon it Mr.. Samuel B. Donnelly,
;. labor representative, formerly III
president of the International Typo
y oranhical union has reported to me il