Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-11-01
JUR|ST ASKS
COLONEL To
RETRACT
EXPLAINS DECISION
IN RAILROAD CASE
Roosevelt Criticism Declared
Unjust and Due TO Misunder-
standingi Judge Says He
Fayors Compensation Act.

WV ttAf 10ltnsf 0ALs 0I--HAlE
Simon B. Baldwin, democratic nomi
nee for governor, sent O letter toda.
TO Former President Roosevelt in re
ply to the recent letter Of the latte
relating to Judge Baldwin's stand Of
certain labor legislation. The lette
says:
II have received your two answer
tboth undated) to my letter Of Oc
tOber "a, one written before you re.
ceived 1t. and the other written after
you had read il.
Apparently you have misunder-
stood the point OF my communication
In it | referred to the fact that.
in q public address in New Hampshire
you had charged me with holding GER
tain views Of a point of law. then
stated hat / did not hold that view.
and never had and requested that you
retraet the charge.
THE passage from your address TO
which ! referred was one in which.
after referring 10 me as a former
judge, you stated that I was "a man
who took the view that ii was COM
potent for the workman, when driven
to accept any employment. to bind
himself not to be compensated If he
lost his life or limb in hat occupa-
ton
'ln your first undated letter you
state that your recollection OF this pas
sage in your address is hat o men
toned that the democratic candidate
for governor of Connecticut occupied
a retrogrcssiye attitude as to the right
of legislative bodies to interfere with
what YOU regard as the utterly mis-
called liberty Of laboring men and wo-
men to contract for the performance
OF work under conditions which jeo-
pardizeed their welfare and their
and limbs; and hat the republic
can party, ON the contrary, stood for
sou regard as the only proper
progressive attitude, which is that il
Is not competent for the workmen,
who may be driven by dire need TO
accept my employment, IN spite Of
the conditions imposed upon his ac-
ceptaneo, to bind himself or be bound
Ia any way by any action Of his, not
to be compensated II his health IS
damaged, or if he loses life or limb
IN that occupation.
You then remark that | said in my
to you Of October "a as printed
the view which YOU thus stated as
Of the republican party would
opposed TO the settled principles Of
and that no competent lawyer
could or would take It, and hat to
scribe such a position to me was
calculated to affect ms standing as a
aWycr.
''hs TO this, ] would say that this
dew, which you describe, as that OF
he republican party, is the view
which is gdserally taken by courts and
awyers. and was explicitly taken by
IN my work ON American railroad
h "A passage 60 which l refer
IN my letter OF October "a. 1t
b part Of the general American COM
non law, resting upon principles of
light and justice. that have been gem
rally accepted by the people of the
United States.
Il ala not complain In my former
nor do 1 now of your charac-
me as having been n retro
You have stated In public hat
took the view that IL was competent
or the workmen, whom driven to ac-
.ept any employment. to bind him
not TO be compensated, IL he lost
lie aud limb in that occupation
denied that ! ever took such "a
Jew. { VIII add that / have long
,oen In favor of the workingman's
compensation acts Though not un-
ware of the constitutional difficulties
N applying 1t in this country and
nominated To- the office 10 which
.ou referred by "a party which called
or such legislation in its platform.
n now repeat my request that you
the statement OF which com
I ask IL as o matter of fairness
@ one TO whom his reputation as "a
is OF value as Well as In the in
crest of truth
"lt would seem to me that in your
eference To the HoNie case, i'm your
ccond undated letter YOU not only go
vide Of the question between us. but
.rite under g misapprehension of the
uIcs which govern d decision Of lie
al actions Let me state @ few Of
hosc. as 60 which there is no differ
uce of opinion among who haNe
ladc thc law "a special study.
"A Judge in deciding % ease, has Co
r%onounce ON "a past transaction. The
My question coming before him =
hat were the rights OF the parties
.hen that transaction took place
must depend ON the las as IL then
F,
Most of our law Is what is term
q tho customary or common law. In
ach generation the people make 10
uI add 90 &c hy common consent as
laf so along. and SO Tar as the
aurts recognize and approve 10. Il D.
authoritative and binding as u
naotrd ly tho legislature There has
irs gronn up general common law
sitting uron considerations of right
nd Justice that have been generally
-ccrtcd by the people of the United
.ates tho rules ~ which necessarily
the decision of the HeNe
The main question in the HoVie |
lse Was whether % federal statute
altered tho common law. as ad-
mustered in Tire state courts Of Con- g
eNtioat That Che fellow servant rule