New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-01-26
r,cnecticut'S Governor After
Reading It Announced That
Ne Would Not Sue.
JUSTIFICATION OF CRITICISM
r, President Defends His Inter.
pretation of Judge Bald
wins Decision in the
Hoxie Case.

efCtiCgf N.i "'' "'"t'''' ''N "''''' Wv
.,-,s Intention 70 sue ex-President
, ,,.sre,f far slandcr until he was prac-
.,.,ry driven into q corner. II must
,.,s he,r plain % himself and Judge
p,-ser who had been announced as the
,.,.rsel who would handle the case for
.s Governor. that not only was Mr..
p.,sevs.ts criticism fairly within the
.-,i'ego o. campaign discussion Of
eradicate fur public office. but was also
ustfab'C Interpretation of Judge
p.,dv,r's decision I'm the Hoxie case In
nc decision az that case Judge Baldwin,
,rer declaring that the Connecticut
courts had no Jurisdiction 20 try cases
b-cvght under the federal employers
liability act went on IN an extra judicial
,rpress.or quite unnecessarily 10 declare
hat the clause iu the act making void
srv contract intended 20 enable a COM
mon carrier % exempt itself from liabil-
rv n employees for accidents was un-
constitutional as "a violation of the Fifth
Amendment of the Constitution Of the
United states rs tending 70 deprive the
,arties 90 such contract Of liberty and
rroperty without due process OF law"
II was this declaration which Mr..
Roosevelt interpreted 10 mean that the
fudge held that it was competent for
workman. when driven to accept any en-
rlovment. % bind himself not TO be COM
pensated foy the loss ~ life or limb in
hat occupation. Judge Baldwin de-
clared ,ha, he held no such view, and
threatened TO sue Mr.. Roosevelt for at
tributing il % him. but after receiving
from Mr Roosevelt, at the conclusion
cf a series Of messages back and forth,
letter IN which the ex-President COM
pre,ely Justified his criticism, Judge
Baldwin retired from the field That
letter. which THE Outlook" publishes
this week. and which is by permission
here reprinted. clearly shows the reason
tor this discretion.
Baldwin Suggested Settlement.
A few days after the election. and
after ne had announced that he should
bring suit. Judge Baldwin wrote 10 Mr..
Roosevelt suggesting that 1t would be
more agreeable to him IL their differ
fnces might be settled without the pub
Bcty incident TO an action at law. He
therefore suggested that the question at
issue bo submitted without argument to
some Judge or lawyer. who should con
sder bis opinion i'm the Hoxie case, Mr..
Roose,elts reported speech and their
previously published correspondence and
decide whether Mr.. Roosevelt vas justi-
FED ir his statement Of JUDGE Baldwin's
position or the point Of Law.
Mr. Roosevelt declined to accept this
rrcposaI. Then. through n mutual
friend. Judge baldwin submitted draft
Of What would he a satisfactory state
men, ON trc part Of Nj Roosevelt dis
syovng his declaration that Judge
Bsldvms decision meant that he held
the view objected to This also Mr..
Roosevelt declined 90 make. but submit
t-d O counter statement which was IN
satisfactory to judge Baldwin. Then
followed The letter now published. In
oil The earlier correspondence Mr.. RoOse-
,et had asserted that the phraseology
O. his Concord speech had been incor-
r'c'ly reported. and in his several let
tors published during the campaign he
htd restated his ground Of criticism Of
duGse Baldwin's decision, preferring that
tsny s'sudcr suit was 60 he brought II
should Dr. brought on his views expressed
in bis own words rather than those
views as put 10y other persons. Never
,heess when ho finally came TO make up
tho issue ne abandoned that vantage
ground. accepted responsibility. for the
statement as put ir the inaccurate report
~ tho concord speech and then went on
% justify IT, He stood fairly on the
proposition that Judge Baldwin's state
meut already quoted as 70 the rights OF
railway employees 10 make contracts de-
Tiving themselves OF claims 10 damages
amourtsd ~ nothing else than a decla-
ration that IL was competent for work
man whom driven 10 accept any employ
ment. to bind himself not 20 be com
pensaud for the loss o. life or limb IN
that occupation. and he proceeded TO
Demonstrate the soundness OF that In
,erpretatiou This letter, as published
IN The outlook is as follows:
New York. December IS. 1910
Dear e.r. have thought C2TefulIN on ct
your letter II I could consider only your
Personal feelings ] would very Eladiy eA-
IIess my regret that had 40. "our ,o meet y0ur
wishes if IL were possible, as 10 Inc form
My regret should take. You must khO"
NAT In saying what J did ana IN my Con-
sequeut correspondence with you J was
actuated hy no feeling Of personai rahOo'
You were a candidate for the governor
snip Of Connecticut. was DISCUSSING d
matter which related directly 10 your
availability for that Office. J was crltiels,
lng not YOUR personal character Wnlch
oolot not SIS high, but sPtcllc opihIoh p .' Ut, on
most important subject eApTIeiSSeu IS EoT
ss Judge, Nor was the opinion Whlch
cnucIsed ln our correspondence IN itseit
uhmpouaut from pubic standpU'h.. H.. ~ ~
Nlialy affected the welfare OF an VASE
eernere 10 involved q statute, enacted ~
the United states Intended 10 AFFORD all
road empIOyeS legal redress winch had not
heretofore been furnished theih 10y "a"
TOUT decision In the lloXie case Mulci
trticecd was iu fact. Of great puDhc I'M
pouance. not only in your own state Dui
," far as 10 might obtain influence as
judicial precedent In other states as wei
i ms decision. with the argument OF t.e @
lawyers. had been. as YOU proDaDiN h.VN'
Put INTO pamphlet form by the railroad III.
,efests and circulated generally tnr0ueloue
me United States among railroad lsWycle
engaged in tue effort 20 uullify ana destIVy
MS law. 10 was the main support OF uIs
talWats' interests i'm their enorts 10 ue,
ifat this national law In this decision you
bad declared one Of the sections or inns
law unconstitutional a section which re
laied % the very essence OF the act so iaI
- a very large number OF employes -
'pncerned and which was the main SUD
.so Of my criticism Of you. and you iur-
iner had ornhndlnd In N as q Judge your