The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-10-29
Colonel Roosevelt Makes Pub
lie a Letter to Judge Bald
win, Democratic Nominee
for Governor of Connecticut
RETR0GRESSIOM CHARGE
BORNE OUT BY RECORDS
Decision of the Candidate in
the Nutmeg State in a Per-
SOnaI Injury Case Quoted
Against Him With Effect
CRUEL AND UNJUST DECREE

r. OCHESTER, y. r., Oct. 2S.-TheO-
~ d0re Roosevelt this evening gave
out "a copy of another letter
which he has written TO Judge simon
T.. baldwin. Democratic nominee for
governor of Connecticut, regarding Ia
bOr legislation.
Colonel Roosevelt says;
u have received a copy of your Opin-
ion as chief justice In the ease of Will
liam II. HOxie versus the New York,
PaRy.
..ThiA was Il ease in which William
II. HOxie. a 1rRinhand. an empiOye Of
the New York, NeW Haven 4 Hartford
Railway company, was injured while
coupling ears. The injured man suea
the railroad. You presided in the ap-
peIlate court and wrote it's opinion de-
cIarlng fAe WOrkmen'g federal e0Tnpen-
satioH set, under which Ho1ie sued, 10
he unconstitutional. al that he was de
aied the right 10 be compensated for
his injury.
Section five OF the act provides
That any contract, rule, regulation or
device whatsoever the purpose Of in
tent of which shall be 10 enable TO
any common-earrier 20 exempt itself
from any liability created by this act.
shall 10 that extent be void.
ain your decision in question YOU
sQuarely took ground against the pro-
gressive view, which 7 hold 10 be es-
sential 10 the welfare OF the working
men of this nation. and, therefore, to
the welfare Of the whole people. In
treating of this opinion of yours Law
Notes. on Oct. 10, wrote as follows:
In the course OF his opinion he
said: at common law q servant can
not recover from his master for inJu-
ries received from the negligence Of
a fellow servant acting IN the same
line OF employment This Is a part OF
that general American law resting
upon considerations OF right and Jus
tiee that have been generally accepted
by the people ~ the United states
l.abor mons 'ghtnk Ofhcrsstse.
This sentiment would be coldIy re-
eeived, TO say the least, By labor unions
DESTROYS OF securing q workmen's com
pensatiOn act such as the New York
legislature passed and Governor
Hughes signed about three months ago
The feloW-servant rule is not a di-
yinely inspired preeept any more than
the contributory negligence or assump-
tiOn OF risk rules.
Personally. / feel that it is in the
highest degree retrogressive COR. If YOU
prefer the terms, bourbon and reac-
tiOnary) 10 take the view that the
fellow-servant rule IS part of the
common law. and as here you cOnstrue
II, rests, as YOU say IL does, upon con-
sideratlons of right and justice
ION the contrary. / believe that il is
in its essence a denial Of right and
justice, and that progressive judges
generally are now taking the position
that this is OutWorn and progressive
legislative bodies are universally act
ing on it.
You continue, the state of COnnec-
tlcut has. under her laws. written and
unWritten. so regulated the relations
OF employer and emplOye that no ac-
ton can be maintained in her courts
by a servant against HIS master for
personal injuries sustained within her
territorial limits through the negli-
gence Of the master, combined with
that OF the plaintiff himself. when the
latter's negligence essentially contrib
uted 10 the result, whether il were or
were not as great as the masters. The
servant OF a common carrier falls
within these rules. This is not because
OF the nature Of his masters business.
They apply to every servant and every
master
II this is not retrOgressiVe doctrine,
cruel and unjust to the workingman
Continued on Page Three.D