Daily press. [volume] (Newport News, Va.) 1896-current, 1910-11-05
DECLARES HIS RULING
MAKES FOR SOCIALISM
Former President Says He Is Not In.
terested In Democratic Nominee For
Governor Of Connecticut as Law
Writer, But as Judse-Tskes Him
To Task For CONSTRUCTION Of Law.
fRx Associated Press,

tkSy ASAOcisttu i-ftsc{
NEW YORK. Nov. Another let
ter. the third written by Theodore
Roosevelt In reply to similar COM
cunicatsons from Judge Simon Bald
win, Democratic candidate for gov
ernor of Connecticut. In the recent
controversy concerning Judge Bald
wins attitude toward labor. was given
out tonight:
II says. in part:
in your answer TO my letter you
entirely miss the point of the critis
clsms. am not interested In your
opinion az a law writer am inter-
csted in your opinion as judge. MY
criticism OF you as reactionary vas
based, not upon what you may ha
said as a law writer, but upon what
you did as Judge. Your long clsa-
lions from decisions in courts Of Con-
nccticut are entirely irrelevant anu
beside the point. know, rs every
leyman krows, that 1t Is not the func-
ton Of q judge TO make new laws.
when there is nc statute enacted By
the law making bodies OF the people.
the courts are no doubt bound TO fol-
ow precedent.
"The question between US does not
iDvoIvs any such principle. In tne
Hoxey case you had before you p
definite statute enacted by the Con-
rress of the United states declaring
the responsibility of railroads TO their
employees for negligence. Section nve
of that act provided That any con-
tract. rule. regulation or device WHAT
soever. the purpose or intent OF which
shall be to enable any common car
rier to exempt itself from any uansi-
ity created by this oct. shall, to thai
extent. be void aes
Rights FER Employees. q
I Gin that act congress declared that
railway employees should have certain
new legal rights OF compensation for
Injuries occasioned by the negligence
Of the railroad itself. In placing this
clause, which / have quoted, in, the
act. congress was no doubt influences
BY the well known fact tina. in Eng
| land that an employers liability act
was a debtor by employers insisting
that their employees should sign con-
tracts agreeing to waive the benents
of the statute and go without the Legal
! rights which the statute proposed 70
give them. Congress doubtless intend
ed that TIE beneficial value OF tnts
| federal employers liability act should
not be destroyed by any such pro-
cess In the case decided by You.
which | have criticised. you declared
\ rxnn
as being in violation OF the nth
amendment OF the constitution of the
United States. as tending TO aepfi.f
the parties to such contract OF nv
erty and property without due process
Of law
Denies Liberty OF Contract
You say specifically as to raiirosu
empioyes. 1T denies them, one ana
all the liberty of contract which the
constitution Of the United States Sc
cures TO every person within It's juris-
diction.'
"Your declaration speaks for ITSELF
I'm substance II amounts 10 stating
that th. employees right to give up
their rights under the law Is thing
TO be- protected. and not their rtfns
10 receive those benefits. that the
right to contract TO get killed f
property Of which they cannot Be ae-
prived. that the right TO get k'issc
comes under the head Of life. liberty
and property which the hftn' amend
ment to the United states CONSTITUTION
SAYS cannot be taken away witn9ot
due process OF Law. Congress simec
At giving the railroad enpioye sur
stance. You ccustrue the right a.
giving him a shadow. BY decisFias
that to give him the substance is 20
take away his property IN The snsao"-
pervcrsion o. Constitution.
Il criticised your decision because
4 - 10 me an Incredible perversto.
of the consultation Of the unfea
States. criticised yos because =
not only resctioBary. bot reFolut'oo-
ary. criticised you because ! an
azalnss socialism. and this cccision
ana every decision like Il rskes ~
socialism " something worse bscry
strained construction II the ccusftiu-
ton watch declares hat he nei'on
lie rouerices 70 remedy incrsfr1.i coe-
di,Iors. which CRY sor az. gives 80
- fnosc cu.mfez Of our fuenr1n
svx'~m Of government uhc ~ish -
f..~rt~h In Ur lfarr rnne neu. vague