Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
as that recently received from Mr. Hugh Frayne, the general organizer
of the American Federation of Labor, indicates that exchange of views
might lead to desirable results. However irksome and laborious the
task may be, it would be a great service to the country at large if
some joint committee appointed by the New York State Bar Association
and the other bar associations of the state would undertake to
investigate all cases affecting labor or social legislation and publish
a report showing the true facts and the principles of law involved in
each case. The pity is that many of the critics of our courts are
lamentably ignorant of the subjects about which they write or declaim,
and--unconsciously and unintentionally in some instances--misrepresent
and distort the facts.
It will be practicable at the present time to review only a few of the
points suggested by the investigations of your sub-committee.
The subject of just compensation to employees for injuries received
in the course of their work is one of the most important and
far-reaching of those discussed by our correspondents, and its
increasing difficulties and complexities call for much more study than
we have been able to give it. The revolution wrought by machinery,
the inevitable dangers attending its use, the crowding of men, women
and children into factories and workshops require modifications
in the rules of law governing the duties and responsibilities of
employers. The rules of the common law, which are now condemned by
so many and sought to be cast aside, were originally dictated by the
soundest considerations of public policy, of practical affairs and
government, and of justice as between man and man. The duties of the
master toward the servant, as regulated by these rules, were humane
and commensurate with the needs of the times that evolved them, and
the rules themselves are still proper and just in the great majority
of cases. Under them, the master is required to exercise the same
degree of care for his servant that he should for his own safety, and
he is bound to furnish a reasonably safe place in which his servant
is to work, supply reasonably safe implements and machinery, select
fellow-servants reasonably competent and prudent, and, where the nature
of the business requires an overseer or superintendent, appoint one who
is reasonably competent and prudent. The application of these rules
regulating the conduct and duties of the master, in conjunction with
the rules regulating the conduct and duties of the servant--such as the
assumption of the ordinary risks of the employment, the fellow-servant
doctrine, and the rule as to contributory negligence--unavoidably
creates extremely difficult and complex questions. These rules are
still proper and just in their application to such cases as involve
the domestic relation between the farmer and his farm hands, the small
contractor and his workmen, the householder and his house servants,
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