New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-01-26
Damage Case Quoted.

/ am informed that YOU were not con-
! strained TO make this decision by any pre-
Vous presidents OF your own court one
Of the very cases which you mentioned IN
YOUR letter 20 me shows. / am told that
! This was the situation. I have read with
! interest that decision. Darrigan y. y. Y. q
y h r. r CO.. Conn. 2SJ In that case.
/ you will remember. you were the counsel
for the railroad a locomotive engineer had
/ been injured b. the collision OF two trains
/ through the carelessness Of a train dis
/ patcher There was d printed rule Of the
| company. which had been placed in this
| engineers hands when he went 10 work.
which said The regular compensation OF
employees covers all risk or liability 10 ac-
cident" You urged as lawyer for that
railroad that this rule virtually expressed
contract between the railroad and the
/ enplove and that the emplOye should not
| he compensated, because his injury was
! the result Of "A risk which he had vOlun-
tarilv taken upon himself. Nevertheless,
| the court did not accept YOUR argument II
| left the whole matter open as not necessary
| FOR decision in this particular case. II
/ said
/ may be called upon 20 consider whether
public policy will permit a railroad COM
! pany 10 make such contract with It's en-
| ployes."
| became instead Of counsel for the rail-
| road fudge OF the highest court OF your
state. YOU decided In this Hoxie case that
| the public policy OF the law shut the door
OF Justice upon the crippled employe, not
| ONLY shut the door, but locked 1t. sealed IL
| and barricaded II BY placing the Fifth
Amendment Of the United states Consti-
tuition between the employe and the pos
| sibtlity OF Justice. This doctrine in my
! Judgment and I venture 70 saw In the
| Judgment OF thousands OF citizens. many OF
whom differ with me fundamentally on
other matters, was unjust, unreasonable.
| reactionary in the extreme and threatened
the actual welfare Of countless thousands
OF workmen. | conceive IL 70 be not only
Gidi but pubic duty 10 'Fi'i'i'' 1t as
II the letters which sent 70 you and in
which 1 quoted your exact language and
added my comments are libellous, then
every labor leader who ventures 10 agitate
| for reform In accident law Is IN danger OF
| a libel suit, and every man who in an eff
Client and effective instead OF a half
hearted fashion agitates for reform, will
| be IN a very real danger OF a libel suit.
provided the interest attacked Is suffi-
| GENTLY powerful to undertake the suit and
deems the case important enough 20 war
rant such action. All proper public discus
! gions OF the principles set forth by you in
| vour decision would be at an end II IL
were once settled that words such az |
have used offer groundwork for a libel SUIT.
Under this theory or judicial exemption
from just criticism, the proper way 10
| have dealt with Lincoln in So when he
criticised the bred Scott decision I'm Lam
guage infinitely more severe than any
words Of mine would have been 10 have
him sued for libel by Chief Justice fancy.
| seem 10 advance amounts 10 notice that
the doctrine Of leZe majesty. as applied in
| the most autOcratic governments OF the
| world is TO be carried 70 it, fullest extent
| against American citizens discussing their
| public servants and candidates for their
| SURFACES The establishment OF such a
/ principle would be from my standpoint so
/ outrageous. would represent such an in
/ famous wrong against the principles OF
! American government that ! feel obliged
I 10 sink my own personal wishes and 10
| accept the issue II YOU tender Il % me-
/ Let me repeat that ] cannot treat This
| case or our controversy about II. az mere
! Nv personal 10 me / hold that the growth
| Of our industrial system and the enormous
/ changes in our social and Industrial life
! during the past sixty or seventy years rem
der IN imperative that there shall be a re-
| shaping OF legislative action II the inter-
ests OF the wage worker and the lahorer
are 10 be served In this opinion / am
! fortified By tho enlightened Judgment of
/ 'he courts and the opinion or farseeng
| judges,
| % one OF the best commissions which ever
/ nerformed public service in the cOnsidera-
| ton OF this enormously important ques-
/ ton OF industrial accidents. IL is the re-
| mort TO the New York Legislature OF A
/ commission appointed 10 inquire into the
question Of employers liability and other
/ matters IL contains q number OF letters
! Srom Judges concerning the status " TIA