Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-03-10


bring the blush OF shame to every Amert-
can. Little by little through legfslation'in
President Harrisons day, renewed and
added to in President Roosevelt's time.
and in the current administration, the
railroads have been compelled to put In
| many safety appliances that have greatly
reduced the losses
Employers Liability Act.
More than this. the contract Of employ
ment handed down from the common law
contained terms which in the modern view
was not adapted to our present condition
of society. and was unjust to the EN-
ploye. 1t offered defenses of various kinds
to the employer, which fought out before
a jury in the courts frequently resulted In
denying relies to those who were most
| injured and in giving unjust verdicts TO
those who were least deserving. but most
cunning and unprincipled In the prepara-
| ton of their cases, and which resulted
generally when a verdict was recovered
against the employer In too large
COMPENSATION to the lawyers for the In
jured person.
fore. passed to change the law, wMch
eliminated certain unfair defenses OF the
company in such suits The law was helo
to be Unconstitutional by the supreme
Court because 1t was not confined to
strictly federal jurisdiction. 1t was
amended and as ameded has peen sus-
tanned by the Supreme Court
Workman's Compensation Act.
But moro important than this Is a bill
prenared by a congressional commission
created by the last Congress-. In which
there were two members Of the House.
two members of the Senate and two men,
bers appointed by the President. This
has now been transmitted to Congress.
and we look with great hope to Its pass
age at the present session. By this Dill
the employees Of the railroad company
and their families are insured against
possible injury to the employe. from any
injury sustained by him in the employ
ment of the railroad company tnat does
not arise from his willfulness. The COM
pensation Is to be rendered In the form OF
annual payments for a certain number OF
years. or for life, and is to be regulated
according to the injury sustained and the
killed. tbs to be adjusted by an execu-
tive adjuster, and is only to go into court
in case of management.
I cannot exaggerate the benefit or I'M
portance Of this act, which amehorates
greatly the danger of hostility between
the railroad employers and railroad en-
ployes, which imposes stronger motiVe
than ever before upon the railroad man
agement to provide all sorts or appliances
to insure the safety Of employees and OF
the Transportation of goods and passen-
gers and which eliminates from the con.
sheraton of the courts that brancn OF
litigation which has grown to be greater
than all the rest and to be less satls1ac-
| tory than any other in its results
Conservation.
Another progressive measure adopt
ed in this present administration and
following out the policy Of the pre-
vious administration is legislation to
| conserve as fully as possible all the
natural resources that still belong to
| the government, and to allow their
use in private enterprise and under
private investment upon such terms as
| will secure reasonable profit to private
investors, and at the same time re-
serve control to the government In
such a way as to prevent the abuse
of monopoly and to secure proper leg
islative regulation. This plan OF con-
seryation has not been entirely work
ed out 1t presents complicated ques-
tions that need elaboration in their
solution. but step by step l am con-
fident that we are going to adopt meas
complish the purposes stated. and this
is certainly true II the next admins
tration be republican and have ma
jority in both houses sufficient to Sc
cure joint action.
Criticism of Courts Non-Progressive.
In the course of the discussion as
to progressive legislation in state and
| nation, the suggestion has been made
| that courts have INSTRUCTED such legis-
lation by declaring it unconstitutional,
and that in order to secure for the
people what is theirs and lii order to
give to them the opportunity to make
the progress that they ough. to make,
the power Of the court In some way
or other to declare laws unconstitu-
tional should be moderated or taken
| away. So we have had proposals of
| two kinds. one to recall tae Judges.
and the other to recall decisions OF
courts on constitutional questions.
| 1 do not know that in the discussion
| of national issues this would be Ordi-
| narily relevant. but it has been made
SO by the criticism of my action in the
| veto of the Arizona constf ution. sub
mitted to Congress and to m, as part of
| the legislative power, for approval as
the fundamental law of a new state.
| | vetoed the bill because 1t provided for
recall of the judges. It provided that
| submit a petition for the removal or
recall of Judge. the question in thirty
| days should be submitted % the people
in the form OF an election. in which
other candidates were to BE- permitted to
rum and as a result Of whi:h the incum-
bent judge. II he did not obtain plural
| ity of votes. was to stand removed.
InOSe WHO opposed the JluSe were peI
mitted in 300 words to say why he ought
| to be removed, and he WIS permitted IN
| 200 words upon the officisl ballot to say
! why he ought not to be removed.
Tends to Make Courts Timid.
1t seemed to me them and I have not
changed my mind in tie slightest. that
no system could be de,ised better CAL
culated to make tinid. cowardly jul
dietary than this one.. The function Of
judges is to administer justice according
to law between the government and in
dividuals. and between the controlling
majority of the electorate and the minor
ny 1t is easily conceivable that in cases
giving rise to such a petition for the re-
call Of the Judge the majority OF the
voters would be roCsed by some deci-
sion Of the court against what they re-
gard as their interest. Under these con-
ditions the case would be one in which
the defeated ntigarts would be called
upon to pass upon the qualifications of
the Judge whose decision had defeated
them 1t would be hard to think of ma
chinerey better adapted to destroy the
courage Of conviction and independence
Of decision In such cases.
Independence of the Judiciary.
The whole structure of popular govern
ment rests upon the independence Of the
judiciary. The people create the courts in
their fundamental law for the very pur-
pose Of deciding not only cases between
individuals, but cases between the mo-
mentary impulse of the people and the
restrictions Of the Constitution, between
the acts of q legislature and the founda-
mental law device intended to give