The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-10-29
|T[DDY IS AGAIN
|sCOR|NG BALDWIN
Gives Out Letter Attacking De-
cision of Judge in the
HOXie Case.
MIN FELLOW SERVANT
LAW NOT AT ALL SACRED
Y Inference Says Court Re-
garded Privileges of Cor
poration Paramount.

y. Y. Oct. 2S.-Thco.
lac Roosevelt this evening gave out
,opy OF another letter which he has writ
m TO Judge Simon T.. Baldwin. Demo-
ratIc nominee Cor governor OF Connecti-
M regarding labor legislation.
Colonel Roosevelt says.
II have received q copy OF your opin-
an as chief justice in the. case of VIII
lam IT, Hoxic versus the New York.
lau Haven & Hartford Railway COM
any.
teThis was case in which William II.
5oxlc, q tTainhsnd, an employee OF the
Sew York, New Haven & Hartford Rail-
<sy company, was injured while coup
Ing cars. The injured man sued the
abroad. You presided in the appellate
ourt and wrote it's opinion declaring the
federal compensation act, un-
Ter which Hoyie sued, tc bc unconstitu-
ionul, so that he was denied The right
o be compensated for his Injury.
Quotes Statute.
"seclion five OF the act provides That
|ny contract, rule, regulation, or device
kbat tsoeycr the purpose or intent of
arrier to exempt Itself from any liabil-
~ created by this act, shall, TO that eX-
ent, be void
ain your decision in question you
quarely took ground against the pro-
.ressiyc view. which | hold 10 be essen
lBl TO the welfare OF the workInSmen OF
his nation, and, therefore, to the well
are OF tho whole people. In treating OF
his opinion oil yours, Law Notes, on Oc-
ober TO- wrote as fouows.
ria the course of his opinion, he SAD,
u common law a servant cannot recover
rom his master Tor injuries received
rom the negligence Of fellow servant
|ctinS in the same line or employment.
rhIs is part OF that general american
M resting upon considerations OF right
nd justice that have been generally ac-
epted by the people Of the United
;{aies
a Stands With Labor.
"This sentiment would be coldly re-
Aiyed. TO say the least, by Ia Dor unions
'ansatIon act such ss the New York
egislature passed and Governor Hughes
Ened about three months ago. The fel-
pH servant rule is not dIvinciy In
'pircd precept any more than the con-
[ibutory negligence Or assumption Of
isk rules.
|"Personsliy, ] feel that it is in the
nlghcsi degree retrcgre ssive (or. II YOU
Prefer .hs terms, bourbon 1cl -eact'on
zry). 10 take the view that the fellow
:errant rule is IL part OF the common
|aw and as here YOU construc ii, rests,
's You say l; docs. upon considerations
~ tiSht and Justice
.fQn the contrary. | believe that il is
~ lis essence a denial of right and JUS
uce, and that progressive judges gener-
aly are now taking the position that this
y outworn, and progressive Legislative
eodies are universally acting on II.
State Regulations.
~iou continue, tho state of Conuccti-
rut has. under ncr laws, written and
unwrlItcn, SO regulated the relations of
empoyer and employee, that no action
ean be maintained in her courts by a
tefyant against mis- master for personal
,nurics sustained within her territorial
units through the negligence OF ono OF
oh leilow servants, nor for such injuries
sussu'nc5 through the negligence OF the
Wlster. combined with that Of the plain
~ himself, when the latter's negligence
tSscnIiaIiy contributed to tho result
#nethsT it were or were not as great as
me masters. The servant OF a common
Nrler falls within these rules. This
. s no, because OF the nature o. the mas
ers business. They apply TO every ser
>nlt and every master
~ this Is not retrogresSiVc doctrine
|sIuel and Dnjust 10 tho workingman
-put Is. 10 the servant. AS you use tbs
~ord III your decision, then ] would bC
~ loss 10 define what kind Of doctrine:
~ DC called rctrogrcsSve as opposed tC
progrcssivc.
Unprecedented Stand.
TLe position assumed by the cour'
w ms question IS without prccedcn
-nl ,,tYf.. E1. ,,, t.,t,.
n2e n2e judicial history OF the United States
a iedcT9l right cannot be the basis o
a pelhtin claim in a state court: i
49,, <hsou courts derive their power and au
'.~'ity and compensation from tho stat.
~ Ilc purpose OF deciding only contro
seisies arising under the law OF th
<crsl Written and unwrlttcn. then a de
h"sc oased upon Il federal right woul,
srIualiy uncnforcible in said courts.
's,,no FEDERAL law Is imperative, man
f5s ~, ana paramount over evory foot O
fn fr aoi ol every state. II is In TO sens
,rSsmSn r,er, When It's application o. enforce
No" M ,o,' 70 scnght in the courts Of a state
rs,ip p1''c! OF state can impair It's i'm
ir'n'Ne ,i.,a obligation, No official Of
al s"oTn 10 support the constitutio
,h ,hc enforcement OF statute O
~ United Statcs made I'm pursJanc
ia,, United States constitution. Sue
f,r Wy thc constitution Is made the ;su
cft,s,i,l,," 80" ot iDc land, anything III lin
cS,'. s.tltuiion or laws Of any state to Il,
'Mnt.ary Notwithstanding.
ava '' Cou'IuuIhe MS i"'te
zcr. "9ld That the welfare nf all our citi
,iftn.,., ,nlper1tivcly demands that thea
pic,,i rHirogressivc principles bn CON
. ano.s abandoned in our laws that, I
. t,nw, ;ouf own words, tho written an
madc ihws. that ia. the laws 4
AZ n,oI% n% 'he legislature and tho Inv
bs o%; nnoI by the judges. shall hcreaft(
{ ;rop.n,S III Il progressive and not n
| i6unr,'a "" spiri'. because only in sue
fo ibn VIII WIZ 1t br possible really 30 elI
. 3,istico maH" workers az this country II
winch is their due"
'NpEPENnENT TELEPHONE
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4 brox{,no.c company. operating In a,
~ ,.,,clF twenty five rIlinG and ioU,