The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1910-10-24
(conoludsd)

oyertmn an established principle Of
law This IN one Of the charges
against the system In Washington
some ten years ago one Green, a
miner, was Injured In an accident
In coal mine IN Pierce county
operated by tho Western American
company. The mine oaVed In for
lack OF timberlnu. The law required
the company 70 keep q supply Of
timborH on hand, 10 be used by the
miner IN tlmbcring his work. The
company Violated the law. II adj.
mittsd the violation. Yet when
Green sued for damages, II set Up
the plea that lie violation Of the
law was . defense, because Green
knew the law vas being violated.
and had, therefore, assumed the
risk.
Superior Judge w. o. Chapman
(1ho, II may be Of Interest 20 note,
was a candidate for the supreme
bench before the hand-pieked JUDI.
Ieiai convention a. Tacoma August
/ 3, ief0) tried the case, accepted the
plea % the company, and threw
Green out Of court
Green appealed and the case was
reversed by the supreme court In
decision written by W. H. White,
an Appoiutee Of Governor Rogers,
and chairman ~ the partisan
judicial convention al Tacoma Sep.
| tembcr 20. 1910 This was a unnn'
limouH decision In Il the court
affirmed the doctrine that whore a
person violates law designed 10
protect the lives o. bis employees,
be cannot. IN suit for damages,
nct up hia violation aH a defense
under the doctrine uf assumed risk
This decision followed noted de-
claiun handed down ia Ohio by W
lH Taft, then a federal judge. Ia the
/ Narfum0re case
IN 1908 the legislature passed
VI hat IL known az the factory act,
requiring manufacturers to place
guards about dangerous machinery
Many manufacturers dUfied the law
Many employees were injured and
began 20 appeal TO the courts for
damages Employing corporations
and their attorneys then discovered
that II the court followed the Green
| case in constituting the factory act
u Nould require manufacturers
either TO obey the law or % com
pcnsmfe employees Injured because
81 their refusal to DO 80.
Tso methods Of escape we're
open 10 them. They could GET
the legislature 20 change the
las or they could Get the court
10 reverse the rule. They tried
both Tire csfort In the lepisla-
tuFe vas successful, bu; Sts e..
feet was not retroactive. The
effoF, IN the court failed. but
lie history iliunainntes the evils
81 the system.
The first OF these factory act
cases 60 be decided by the court
vas that Of Hall va the West A
slRde Nlil company. appealed from
Chrhaiis county IN 1904 II Was
argued first before a court 81 five
/ Judges nut while Il was pending
Ia hiii wns rushed through the lasia
llafure increasing the court 70 seven
members. and the case wss &c
argued before the larger court
Nos. la most factory act cases
there are two defendants. though
only enc appears Of record one u
the miii company the other " the
Insurance company irsuring the
min company against accidents
Keep this fact In mind when you
I note who wcrc The new Judges np
I pointed by the corporation mcHsen'
I gef boy governor nominated By The
I Farreil-hosaed convention. They
we're Milo a. Root 81 Seattle
and Herman u trow Of Spokane.
Root vas attorney for the
Aetna indemnify company and
the Maryland Casualty com.
pany. Grow vas attorney for
the United States Fidelity g
Guaranty company. The fact
that both. though, the rule laid
down In the Green case wrong
was known 10 corporation law
yers. and they were appointed
on the accommodation Of cor.
poration lawyers.
Then what hGppenedf when the
case Was reafgued before the On.
larged court. ~ prominen; corpora.
ton lawyers Joined In q brief ask.
Ing the reversal OF the Green case.
This brief vas not served upon the
opposing counsel. but copies 81 u
were sent privately 70 each Of the
seven judges. The case was yigor-
ously argued. and as vigorously dis.
euHscd by the court. In deciding Il
the court divided. four to three, The
four old judges who had Joined in
the Green decision upheld the Green
rule.
But the three new Iudses-Rud-
kin, who was nominated by the Far.
reli convention. and Root and Grow,
~ho were appointed BY the COVER.
I