The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-11-06

soIatinS a part Of a paragraph of Judge
bALDvrS's opinion and failing L" Trinf
tho context s.'~kst convey -,Ich an idea
N would hav. b.rn only fair tn Judge
BALDWIN tn adj Ia explanation II TN"
Wow that section = wis unconstitutional
II follows right after IN" opinion ="
badly quoted and ~ gave It here
The contract may b. onr made IN fin cor
,Iisra''nn b. an employee ~ oue s--LtnE - b
rnrie ,rch. vho /, ''i'y capable OF understanding
u, meaning Aui ercc' lie NAV o. 10. general
manager ~ great railroad - s'rtr. the damage
resulting from IN. ',-,- ~ whose We might ms'N
10 estimated a'sNa>l srm H. >alarS may have
been agreed On IN view ~ rti- provision 81 =,
rmp'IH To aycr! 'Ha'. amt 80 ie' the other
PROVISIONS ~ NE courac, stand sonId ner-S
sarlIy worA raaS lniu,Is- o. sorlhI Virtually d-
Drl,- m. carr'er 80 hi> rrnprriy ami under ne
construction .. that para>r adopted Is The court.
Of Tie rrt'cd states, de- witnou' process ~
hr Affair ". nIted states :os = : lsi. Il?
- Sup O. Rep 20
" the term in the act any person Suf-
fering injury whll. he ~ employed bv
such carrier Included workm.n ~ whom
wages were paid II also included men
IN posts Of great responsibility who re-
Ccivei salaries for their advice and labor.
Holding that view a. one not - be
avoided. and a. indicating lack ri pre-
ci$on IN framing the law. .Iudg" BALD
WIN deemed II has duty u pom, out the
distinction and 10 show that IN the case
- n
similar officer. who had obligated him
self Ia waive compensation for damages
IN consideration 81 liberal salary, tho
company m being compelled IN pay
damages Ia him through the operation
81 the act Of April -, 1875 would suffer a
Iss II property without due PROCESS If
law
When Judge B,rDvGS saii that the
contract NAV be on" made on "A full CON
sIderation by an employee. or ono seek
ing To become such who = fully capable
Of understanding - meaning and effect,
and instanced the general manager 81
great railroad system. obviously he
drew a distinction between salary
carriers and wage earnerS which Colonel
ROOSEVELT. who made tho HoxIc de-
cISIon tho bass 81 his second attack on
Judge BALDWIN. refuses la $50" In HIS
third letter. Colonel ROOSEVELT. EVIL
IDENTIFY coached by some one who i
hiding h"hind HIM. cites for IN" first
time Judge BALpwTNS view "a 10 tho
conStirI,ionali,v cf Section and fnrgeS
from u new weapon Of Remuneration;
but, like 'he Trtblns he fsias ~ lnclui"
the context which explains the view ~
unConstItririonahty. II this - NOT pet
tlfosglng We don't know what 10 call
such suppression
lft l. an of"nc" and a stn 10 consider
the interests of the employer as we'll "a
those If the employee and apply a con-
stitutional te~, Judge BALDWIN stands
convicted. but all the other Judges Of
IA" Court II Errors IN Connecticut
Judges {. !. HALL. PRENTICE. THAYER
and RORABACK. most II them Republic
cans. shared his guilt for they conCurred
IN tho opinion IN HOIIe ~ Tho New
York. New Haven and Hartford Rail-
road Company This circumstance has
IL course not escaped Colonel RoOSE-
vELT's notice. We're all the Judges 81
tho supreme Court in Connecticut
fossiIized- and retrogressiva. or il
the brand 10 he fixed only on the brow
Of the ex-judge. who HAPPENS 10 be- tho
Democratic candidate for Governor II
Connecticut,