The labor world. [volume] (Duluth, Minn.) 1896-current, 1920-06-05
HOMER B. DIBELL.

At the convention Of the Minnesota
Working People s n Partisan league
held in St. Paul in March number of
the Duluth delegates advocated the en-
dorsemcnt of Homer B. Dibell Of this
city for associate justice of the SUI
promo court. When Judge Dibell 8
name was presented to the convention
it was contended that rs he had been
appointed to the supreme bench by
Governor Burnquist labor convention
could not consistently endorse Judge
pihcl], as such would be taken as an
endorsement Of the governor. Mr..
George l.. Seigel of st. Paul, a former
labor representative in the legislature,
was thereupon endorsed for the posi-
ton.
The political axiom of the American
Federation Of Labor is to ''stand by
our friends and oppose our enemies. -
Without the slightest disparagement to
the candidacy Of Mr.. Seigel, The Labor
World begs leave to remind it's readers
of the fact that few judges in American
courts have shown the sympathy for
labor and possessed the understanding
of its high purpose as has Mr.. Dibell.
1t is lamentable fact that labor
men are prone to forget the old friends
of fhair l.
ones come up. 1t is also true that they
seldom forget an enemy. One of our
good friends, in commenting on this
characteristic of our makeup, puts it
APPLY: 1.-THE worker, not being a hero
worshirper, makes poor booster and
good knocker.''
Judge Dibell for a number of wears
graced the district bench in the Elev.
enth judicial district of which Duluth
and ST. Louis county are a part. Dur.
ing the street railway strike in the
autumn of 1912 he refused to lend the
use of his court to the street railway
company and denied its attorneys an
injunction to restrain the men from
doing certain things which the law of
the state permitted them to do. He
also supported the city in mandamus
proceedings against the company, a pro.
cedure supported by union labor at the
time. Judge Bert Fesler, then a prac-
ticing lawyer, represented the street
railway mems union in actions before
Judge Dibell.
AS a trial judge in the district court
Mr.. Dibell played an important part in
modifying, and in some instances en-.
tirely abrogating, the rules Of negli-
gcncc and assumption Of risk in mas
ter and servant cases under the old law
OF employers liability. He habituallv
refused to take such eases from the
jury, custom long followed bv our
courts. As a result injured workmcn
were given such a square deal as they
had never had before.
Later Judge Dibell was APPOINTED 2
commissioner Of the supreme court bv
the members Of that court. He made
good and In due time when a vacancy
occurred on the supreme bench, upon
the Recommendation of the chief Jus
'tlce and his associates, Governor Burn
gust appointed Mr.. Dibell to fill it. His
record as an associate Justice of the
supreme court is like that, if not bet
ter, than he made in the district court
10 be specific, we take pleasure i,
noting few Of his decisions:
One Of the most important labor
cases to come before the supreme cour
in the last few years was that of c. O
Miller Telephone Company vs.. Th,
Minimum Wage Commission, the doci
sion in which was recently handed
down.
That case involved the constitution
atty Of the statute known as the min
imum Wage Law' and its validity wa,
affirmed by the court, Justice Home,
b. Dlbell writing the opinion of tn,
court.
The statute created a so,called mini
mum wage commission granting author
ity to the members thereof to inouir,
into the conditions and surrounding
OF working women and girls and afte
such investigation as was necessary t,
learn all the facts to fix and establish
wage which would provide reason
able living to the women and girl
affected, making the payment thereo
compulsory on the employer. TIL
! statute was; earnestly and vigorousl,
assailed by some Of the ablest lawyer
pf the state but the court sustaine.,
y IN all respects. It was: held up b;