New-York tribune., 1912-11-05

oyster BaV, lSOOR lsIdIut -N'''
FS-Prcsldent Roosevelt replied tonight
to Senator Roots attack on his Madison
Square Garden speech OF last FRIDAY
night regarding the decision OF the knise-
~ case by the Court OF Appeals. Colonel
Roosevelt was speaking for the last time
I, fifteen hundred OF his fellow towns
men, He reached the little Lyric Theatre
rather late and announced that he had
inst been informed over the telephone
that Senator Root "and three Of the most
eminent corporation lawyers In tho coun-
try" had replied to his speech BY an eleV-
enth hour statement in the not invaria-
bly, authentic newspaper, The Evening
Post Of New York" lie said the de-
clsion was rendered In the Kn!sely case
on October p and was reported to-day In
The Law Journal"
Here is Colonel Roosevelts reply:
wish 10 devote a few minutes 70 cec-
tain gentlemen OF the other side who
answered my Madison Square speech TINS
afternoon so that. ! suppose. they
thought / could not make any reply TO
their answer / wish TO state right at
the outset that there IL always pre-
sumption against any individuals VINO
wait until the afternoon before EIscUoil
Day 70 traverse the statement OF an or
puuent. The presumption is that they
take that course with the hope that IL
Will be too late FOR him 10 reply.
The answer 10 which / refer is the
statement Of four OF the most eminent
corpOratlOn lawyers OF New Iork-Elihu
Root. John q. Mnburn, Louis Marshall
and William D. Guthrie-to the statements
made on Friday night discussing the
cruel inlustlCes done again and again 10
workingmcn and woTkingwomen by GER
Loo Of ha n
/ am informed that these four Bentle-
men attacked the statements as beng
contrary 10 both the facts ana the law.
The nTst was the cas-" OF tpe teheIheht
house cigar manufacturers; now = WI MI
read to you what Is said by one or the
women who knows the conditions or tehe-
ment house life as few other women, ara
rs hardly any man. knows them-oy FlOt-
cuce Kelley, In a book called some EsHiI
cal Gains Through LEGISLATION" and !
cordially commend 10 Mr.. Root and his
associates who signed his protest 10 study
that hook and 60 ponder what is meant
bv fhe word ethical" in connection with
legislation.
Quotes Florence Kelley.
or the Jacobs case, 20 which referred,
NTs Kelley says: TO the decision OF the
Court Of Appeals In the case In re Jacobs
is directly due the continuance ahG
tho sweating system In the United States
and it's present prevalence In New YORK.
That Is the statement OF a woman Who'
as regards knowledge or tenement house
conditions knows so much more thhn
tBoge four great corporation lawyers that
hor little finger Is thicker than their loins,
when you come to study what they know
and what she knows or the subject or
which they have ignorantly presumed TO
AS 10 the Knisely case. TO which I next
referred. these four great corporation
LAWYERS said to-day that the decision or
the Court OF Appeals In that case was
in accordance with the law. and was q
Uroper decision. A decision is reported
to-day in "The Law Journar'-Fftz Water
We Warrcn-in which the court refers 10
he Kniseiy case. and says II has been
iarraIy qualified, II not virtually over
ruled by n subsequent decision. and then
proceeds TO render a decision natly
against II. In the course OF this declsioh
Chief Justice Cullen says. speaking or
decisions such. as that In the Knlsely
There seems Mt the present day to DO
nm effort by constitutional amendment
10 render the master liable TO his en-
ploye for injury received IN his employ
ment. although the master has been
guilty OF no fault whatever, and feel
That such effort In In no small measure
due 10 the tendency eYlnced at times IN
the courts to relieve the master, al
thounh concededly at fault, from liabil-
f,t, 10 his empoye, on the theory that
the latter assumed the risk Of the mas
ter's fault A..
defence of the Court Of Appeals he had
hetter find out where the Court OF APP
Deeis stands. These big lawyers. who
are employed by the very corporations
that arc al fault, come TO the front and
assail our movement and say they are
defending the courts ana nnat lney are
Thev are defending a peryersion OF the
law and they themGelves have been re-
sn"nsible for that perversion. And now
they are defending the courts for the per
,ersion OF Justice for which they them
seIyes are responslble; they, the counsel
hired by these great corporations; they
are the attorneys OF the very privilege
which we are seeking to cut out OF our
tndnstrial life; they stand for precisely
,hat neryersion of justice--that substitu-
ton Of iegalism for 1ustice-against which
Iun nrOteSt.