The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-10-29

STATE really did consider injustice The
position assumed by the court on this dues-
ton 10 without precedent and 10 entirely
untenAble In the light VI the Judicial history
Of the United states. II q Federal tisht
cannot Be the basis Of . plAinun's claim
IN . STATE court. n those courts derive their
power and authority and compensation
from the states for the purpose Of deciding
only controversies arising under the law OF
the state written and unWutten. then .
dsferce based upon a Federal right would
be equally unsnforceabls in said courts.
The Federal Law 10 imperative msnds-
orr and paramount over every foot OF the
sptl u every state II Is IN no sense for
evan when lis Spplica lou OF enforcement -
sought In the courts of a state No policy
81 state can impair its imperative obliga-
lion. No Official Of a state. sworn to sup
port the Constitution Of the United states.
can deny the enforcement VI . statute %
the United States. made ia pursuance NJ the
lnited states Constitution such Law by
the Constitution - made the supreme law
% tho land. anything in the Constitution or
laws of any State To the contrary notWith-
standing
How can Judge Of a state court deny
the imperative obligation OF Federal
statute on any occasion m hts court be-
fore he can fully assume the 'lutir- a. suvh
state Judge he - bound hN oath N ntrdi-
rnce 10 the express requirements ~ the
constitution - support the Constitution "f
the nitsd States Federal Laws are not
dependent up"n the Judicial courtesy "t
state courts 20 be eufur, satle IA the courts
of some states and to bn refused enforc"-
meni IN Others They are the supreme
law ~ N" land and the Judges IN every
state snail he hound thereby
Again | hold that this severe criticism
~ your position 10y the committee on IN"
Judiciary of the senate j. FULLY justified
0y the facts and most certainly warrants
the u-~ of the term -retrogresslve a. az
Piled Ia your position
Nou continued The statute cannot he
regarded IN this rest'~cr a. one made for
the protection uf an ignorant and ina
provtdent ,laS- such A. the acts regarding
shipping articls- The employees Of a rail
road company are On general men ~ more
than ordinary intelligence. The dangerous
nature Of the business requires and secures
this u cannot to regarded one made
for the protection "f tram hands for 10
covers every kinI u' employee. II deniss
them one ami all that liberty 81 contract
vhi,h the nnstfiI4tIpn - the nitei states
s"cTre- 20 every Ger-dn within their urls
dI,tion
Ia tins statement YOU prsCucally admit
that acts of UuEre-~ for the protection If
sailors and men engaged lu the equally
dangerous hut no more dangerous o'Cupa-
ton ~ commerce on tho -sa are 'on-tltu.
u"ua. YOUR contention -"rntug 10 ~ that
s~aWsu are ignorant and tmpruy ,den'. and
'rst a. to them tho A"t- ~ congress are
Constitutional bat that bTAkemen and
other ,NI-r- on railroads ar" - mghiy M
triLgsnt that they need ~ protection Inder
'ns lass
II yog wall turn - tho chapter IN Mr
Ag-r- BOOK ~ Mora cy~rstrain. 90
vh'"l have referred YOU vii md 'n-tanc"
after instance selected oIt 81 ia" many
hundred. ~ instances In witch the nnuiinal
securing to Vprking pAopl~ of liberty II
contract under the theory that YOU set form
ha- SnTkst most cruel injustice - them
The doctrine you set forth j. exactly the
KIND NJ rs'rogrs--tNe doctrine - Which /
ohr.'' and 70 WhICh. a. I hold. al r"slly
progressive men Vrn have 10 N"ifar" NJ
NorknEwer and therefore ne welfare Il
all our citizens A. hear must ohlrc'
,anro' imagine Nhat definition 'nuid ~
gwen oftns word r.trogrss-iv, that would
NOT cover 'h's ,a-s n t. just pre-. -elv 'hI-
SCALED liberty 80 ,ortra'' theory Nrl"h
Z hold - be- .r fa,' an utter m.-n"nle' ami
Z hold ihAt - q gross misc arrlsge ~ suh-
-tlutp' u.tlca on the part ~ no nation
AMI ~. ~tstr 20 alloO sch = doctrine '' ~"
eve. .-sfuI, maintained ~ works = rro--
ulI-, arrAge ~ I.I-t.,- TOR the nation aud ~"
state - permit such % do,trine 20 cont 10
- 10. anywhere 4 part ~ fre az 81 N" Iaui
huld tha' ms ro''r'u" j. re- rogre-=lv"
N N. nighss' degree ana that th0-s v b"
adhere - THIS doc rtn~ nov ever personally
. honorable they rnaf - ard how ever high
may he iherr personal .rar4''"r. OF %
to, are Judges tr"Ir ma-i"ry 81 NJ" teen %
uIyalfie. Ut Do" laN ar" n"s cr'h"'e-- "'' NV -
|rg a pC.IffUu 'nf.' 100 10 "ufn"W" a"rH :
Tar u d .