The labor journal. [volume] (Everett, Wash.) 1909-1976, 1909-07-15

ly a generation been corruptly
controlled by the railroads and
other large corporations. OF the
largeness of this generality, we
are by no means unaware. To the
specifications under it which we
have already given, we shall from
time to time add others. Corpora
tion control of legislatures is evil
enough; corporation control Of
the courts is infinitely more sinis-
ter for this reason: One purchased
decision makes the law for future
generations. That is the way
courts work-one final decision
is binding upon all the judges in
the same state Every future sim
liar ease that comes up must be
decided the anne way. 1t will take
several decades Of honest courts
to undo the wrong that has been
fastened upon the people Of sew
eral western states by the Judges
that the railroads and corpora
tions have controlled in the past.
The supreme court Of the state
of Washington Just about a year
ago heard and decided a damage
suit Harris VS.. the Great North
ern Railway company. They de
cided it against the company. The
railroad paid the amount of the
.judgment-about 81, 400 They
didn't mind that much money,
but they went to work to guard
against ever losing a similar suit
Their Spokane attorney, NJ. j.
Gordon, carefully prepared an
other opinion, changing the law
as previously laid down by the
court. This opinion he sent to the
head office Of the Great North
crn company in Minneapolis
there it was carefully read by
the chief counsel Of the railroad.
W. r. Begg, and by him approved
as an opinion which, if once in
serted in the law books. would
safeguard the railroad against
ever again losing a damage suit
like the Harris one. Begg. the
chief counsel, having approved
the opinion, sent it back to Cor
don, the local Great Northern at
tOrney in Spokane. Gordon then
carried the opinion to his close
friend, Judge Milo A. Root. who
had written the first opinion in
the Harris case, and got Judge
Foot to substitute the opinion
which the railroad attorney had
prepared. Judge Root subsequent
ly adm tilted this, and all the facts
arc established by correspondence
and evidence in the possession
Of the state Bar association. We
presume that even those lawyers
who criticise us bitterly for I'M
dermining popular faith in the
sanctity of the courts will not fail
to feel some horror at this tran
saction. The opinion prepared by
the railroad attorney was so word
ed as to protect the corporation
from future losses in similar dam
age suits. 1t was filed hurriedly.
so that it night govern the trial
in Spokane in another damage
suit against the railroad, about to
be tried. Gordon, the local attor-
ney for the Great Northern, who
was the prime mover in this trans
action, was himself years ago
chief justice of the state of Wash
ingtOn and resigned that office
to accept the railroad attorney
ship. While he held the office Of
chief Juice he handed down
long series Of opinions which as
tonished lawyers by their corpo-
rate leanings. One of these set
aside a clearly expressed statute
and deprived anyone but the wild
ow and children Of a man killed
by the negligence of the railroads
of the right to sue for damages
for his death. This made it i'm
possible, for example, for a mother
to sue for damages for the death
of her son. 1t made it possible
for the railroads by carefully EN-
plOying only unmarried men to
avoid any pecuniary responsible
ity for the safety of the lives of
those who worked for them.
The judicial scandal now dis
quoting the state of Washington
is only an episode. SO rank have
been many of the corporation de
cisiOnS handed down bv the Su-