The Bridgeport evening farmer., 1911-03-27
GOV. BALDWIN
 DISCUSSES THE
 NEW YORK CASE
Supreme Court There Holds Workmen's Compensation Law Not Legal and May
 Be Invalid Here
Legal Principles Involved Are the Same and He Points to His Message iii Comment on Decision Up- holding Him.

Governor Baldwin was asked last night if the declaration of the inval- idity of the Compulsory Workmen Compensation law passed by the New York Legislature in 1910 did not sus- tain his position in the Baldwin Roosevelt controversy over the Hoxie case decision to which the Governor answered that the same was closed incident now.
 The Governor was then asked, will the decision in the Workmen's Com pensation act of 1910 affect the enact ment of the law in this State w ich has been proposed?"
 The Governors answer was, "No re- port has yet been made on the sub tect to our Legislature. The govern ing constitutional principles are the same in Connecticut as In New York have only read, abstracts from the New York opinion. In my inaugural message I commented on some of the constitutional difficulties in the way of American legislation on the sub- ject.s These are undoubtedly serious, but in my message I indicated how ! thought some measure of relief could he given without transcending the llm- it's of the constitution.
 In the New York State case the opinion of the, presiding judge points out that the effect of the act is to abrogate the fellow servant" doctrine and the "contributory negligence rule. both of which have heretofore been we'll settled in the jurisdiction of this State and country. He con- tinues:
 .eWe have already admitted the strength of this appeal to a. recognized andS widely prevalent sentiment, but we think it is an appeal that must be made to the people and not to the courts The right of property, the court holds. has it's foundation in the fundamental law, which can be chang ed by the people and not by Legisla- lures.
 Although admitting the strength Of the economic and sociological argu- ments adduced in support of the stat ute, Judge Werner holds that under our form of government courts must regard all economic, philosophical and moral theories, however attractive and desirable they may be, as subordinate can be molded into statutes without infringing upon the letter or spirit of our written constitution"
 In that respect, he says, i've are unlike any of the countries whose in- dustrial laws are referred to as mod els for our guidance. Pract1Ca1y all of these countries are so called con- stitutional monarchies, in which, as in England, there is no written constitu- ton and the parliament or law-mak- ing body is practically supreme"
 In short, the court holds that the act depTives the employer of his prop erty without due process of law in viola ton of the constitution.
 In Governor Baldwin's message he says:
 "The constitution of this State and the fourteenth amendment to the constitution of the United States make it difficult, if not impossible, to work out here as efficient a system of regulation as has been given in some foreign countries, by statues known as Workingmen's Compensation Acts. Every person with us is guaranteed the right of trial by jury, if he makes, Or if he defends against, @ claim of liability for damages due to accident Or to any other cause. Our courts are to be kept open to all, and no ones property can be taken without due least conformity to the maxim that ed under authority of law is entitled to his day in court "
 .'In drafting any project for such a statute if aimed compulsory upon those whom it concerns, it would be necessary to take great care to include no kinds of employment not in fact involving great and special hazards. It would also be indispensable to guard the interests of both employer and employe as respects a trial by jury, before the determination of the