New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-01-26
Freedom Of Contract.

Freedom Of Contract.
The so-called freedom OF contract which
you have enunciated in that decision is
relic of barbarfsm. 1t is an empty and
| imaginary theory OF freedom which is OPP
! posed TO the known fact that to a large
extent there is no freedom in the contract
which the employee makes with the great
employer He has 70 take in countless in
stances employment under such rules as
the employer may impose, and If the en-
plOyer may impose by rule or con
! tract" the denial OF rights created by
statute intended 10 operate In the en-
| plOyeS favor, the theory of the employees
/ freedom in accepting that rule or making
/ that contract is a delusion and a sham.
/ The theory Of freedom" Of which you
are the resolute defender in this opinion,
would, If extended. undermine the very
basis of all the child labor legislation in
the United states. and Of all legislation
regulating industry TO prevent the explol-
tation OF human lives where excessive
competition threatens them. and Where
| long hours and evil conditions or labor
are destructive OF manhood and woman
hood. II would undermine every law In
| tended to make living conditions more
tolerable for working people. II the WORK
/ man has A right 10 contract 70 take the
/ risk OF being killed through the negligence
! Of his employer. has right 70 contract TO
receive no benefit from a statute which -
created to afford him a benefit, ne mas
/ right 70 contract 70 live in a filthy tene-
| ment. and laws requiring property owners
| to make these tenements habitable can ne
undermined and nullihed az limiting tne
freedom" OF the tenement dweller 10 live
/ in filth and pes tilence. And yet you think
I that this issue between legal barharlSm
and the enlightened judgment OF all hu-
name and right thinking men IL so petty
and personal that II can be settled nv
a Islander or libel suit brought by you
| against me.
! Your decision against the federal en-
/ ployment liability act can IN my view be
] cv,It ht- adharinU economic
philosophy Of government which / hotd
would result in making and keeping the
workman In "A state Of helplessness so Tar
/ as his own rights are concerned. The law
| making branches Of our state and national
governments are recognizing the necessity
| Of making these changes, so as 10 better
! the position OF the workman crippled IN
/ industry and in his fight sor redress and
/ Justice in the courts. Your decision in a
| very fundamental matter denies not mere
! ~ Justice TO the workman. but lies Ike a
| dead tree in the very pathway OF remedial
Justice by declaring powerless the branch
| Of government from which this redress
must come.
If your suit IS brought my political OPP
| ponents NAV make such capital OF n as
! they choose. Those who are endeavorlng
! 10 spread a false notion among conserva-
| tive bur high minded citizens that / am
an unfair critic Of the courts NAV find
/ such points for their charges in this con-
troversy as they see fit. However. they
/ can make capital out OF my attitude m
/ this controversy a. ii seems 10 me- only
| by ignoring or denying three highly i'm
| portant considerations First. that your
decision which I have criticised and con
/ tiuue to criticise. is morally wrong and IS
contrary both 10 public policy and to JUS
/ tice: secondly that 1t Is dangerous 20 our
democracy 70 allow any court 70 claim
! immunity from fair criticism or objection.
when il circumscribes a legitimate and
proper field of legislation by interpOsins
constitutional objections where they do
| not exist. and. lastly, they must be pre-
pared 10 assert that. because man has
/ been a Judge. this fact alone should eX-
! empt him from fair criticism, even when
| he is no longer a Judge. but a candidate
! for the highest elective Office Of the state
| Yours truly,
CSignedl THEODORE ROOSEVELT
/ The Hon Simeon L. Baldwin, New Haven
{ Conn
| After receiving this, Governor Baldwin
announced that he would bring no suit.
/ He felt that the point Of issue between
them still existed as to the law and
facts, but had become convinced of Mr..
Roosevelts sincerity in the matter. and
| his freedom from personal hostility.