The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-09-19

To ;nr E.ntDr Of III" IntcllIGcncer.
sir: In" record Of Charles T.. liuch*s
IS Il IuStic" a.: IN" supreme" court "i
ih' niI"d states. not only WIDELY dtS-
rr'N'S the unwarEai.'"d assumption -!
Nj. 'irml,"r% that H. WAS aniaG"ilrs,I
"a thc interest at organized labor. nut
proves thai he manifested "XIrCui" can"
in safeguarding thu interests Ut LABOR:
Fug example. the liability Of ralirnad
companies Iur injuries Ia employees:
EvcIv cmpluy,' OF Il railroad company
as we'll as every other person. knows
that tho legislation. until within n
period OF very few years. AS To the
projection OF railroad employees from
injuries. resulting from the negligence
"t fellow servants. from causes lo when
their own negligence contributed. or
from risks Which by The terms vi their
contract of service the courts almost
universally held they. assumed. was
mragre and left the employee with praC-
tlCuliy no remedy. This condition led 10
III. passaHc OF the Federal Employers
Liability Act OF. April ~, 1905. and the
amendment Of April /. 1910. This act
abolished as L defense the contrihut"ry
negligence Of the servant: abolished the
harsh and !nhuman doctrine knowa az
the fellow servant doctrine: and also
abolished the doctrine or assumption Oh
risk IN cases where the violation by Uc
railroad company Of some act Of con-
grcsS PASSED tor the protection of en-
pluycS cont ibuled tc tho INJURY or
death. This statue was aSsal!ed by rail-
roads engaged in interstate commerce,
but was hold by the United States SUI
prrnr court valid and constitutional
on January Is. 1917. Justice Hughes par
t1cipating in the decision.
Another Great Reform.
Another great reform effected by the
passage of This at. and the dcclSic%
that it was constitutional. Is the right
Of IN employe. or in case OF his death
his personal representatives., to recover
damages notwithstanding the employc
may have received benefits from tn re-
lief DEPARTMENT.. Practically the SANG
principle as TO arfurdluS relief by way
OF damages for negligent injuries I" or
death OF employees. Notwithstanding tn"
employees may have received benefits
from the rrlIrt department. WAS applied
in tn. uIiniUn III the supreme court
rendered by MI. Justice Hughes on Feb
iuary -. l"li. in Chicago. j. \ -. X. 90.
:. Mcclure. :l@ |. ;. "i?. whereby me
CuiI$ti;utiunaiitS OF an act al the lcGiS-
Iatur.. of luwa Was upheld. which act
provided hat an. cont rart at insurance
relief. bcncfit or Ind'nniy III case OF
injury or Il, ;,ih catered IEt~ prior TO
the injury brtw"rn the person 50 in
iu!cu and such corpora nQn. ar any othcr
jrrS,,u ur association acting Tor Sucn
corporation. and tn" acceptance OF any
relief, INSURANCE" benefit ~ Indemnify py
any PERSON injured. ms widow. heirs or
rcprcs"ntLtii ~. alter injury. should not
conSl itNtr Ely bar ar defense ~ any
cause ri action Tor injuries resulting
from Ia. negligence "t any railroad COM
pAny.
Statutes similar to the iowa Statue
are validated by this opinion rendered
by Justice Hughes, in any state In tho
Union. .
Mir, Gompers. and all leaders OF
union laur have continuously and per-
sisleutly contested the right OF the
courts, both state and federal. 10 pun
ish labor leaders or anyone III sympathy
FOR contempt uf coHri i'll the violation
OF Injunction orders ISSUED by the courts
in strikes. Mr.. G"mprrS and other Ia
boz" leaders were by the courts OF the,
District of Columbia convicted or con-
tempt Of an injnctIun order. and after
sentence they appealed TO the supreme
Court OF the United States and that
court on May Is. 1911 Gel I: s.. lIS):
reversed the courts Of the District ~
Columbia, with directions mat 'hG con
tempt proceedings be dismissed with
uut prejudice 10 the power and right
al the district court |" punish hy proper
proceeding contempt !: any committed
against it, Mr.. Justice Hughes par
tictpated In the decision rendered by
MIR Justice Lamar in the case. lmmr-
dIatclv after this DECISION proceedings
were again taken in the district court.
and Mr.. Gnmpcrs and others were again
found guilty OF contempt and sentenced.
These proceedings were taken 10 Inc
Supreme Court OF the United states
tGompers V. United States, 2J3 l. ;.
500. and that court on May II. 1914.
reversed the district court. tw" OF inc
justices dissenting, but MI. Justice
Hughes participating ana GpncurrihS III
the majority opinion.
other Cases Cited.
On February %. 1915. in Fail Coal
Co. V. Industrial Comm. $50 L. $. 3SS.