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
rests wholly with the legislature and not with the courts. We should
be surprised if any lawyer or student professing the slightest
knowledge of American constitutional law would seriously assert that
the legislature could not change that doctrine without amending or
tinkering our constitutions.
It is, however, fit and proper to add that many lawyers and laymen
are convinced that to abolish the existing rules indiscriminately in
every case where the relation of master and servant may exist would be
a mistake from the standpoint of public policy and practical justice,
and that such a radical measure would do more harm than good. Certainly
that is the judgment of competent observers of the operation of the
British statute. A change in the law which would be wise if confined
to large factories and hazardous employments, to labor in connection
with dangerous machinery, to service on railroads, in large electrical
works, etc., etc., might be extremely unwise, unjust and oppressive if
applied, for example, to the small farmer, the artisan, the mechanic,
or the householder. A rule concededly wise and just in the one case
might be the extreme of folly and oppression in the other. An accident
on a farm caused by the negligence or drunkenness of a farm hand
might, under some of the proposed reforms or innovations, bankrupt
the most prudent farmer for causes quite beyond his control; and a
similar disaster might easily overtake the small artisan, mechanic, or
householder, and sweep away the savings of years. It is, of course, no
answer to say that the farmer, the artisan, the householder employing
men or women can insure. Why should this form of taxation be levied
upon slender earnings, which are frequently insufficient to make
both ends meet? Why should the farmer or artisan of limited means
be compelled to pay tribute to private insurance companies so often
engaged in combinations to extort the highest possible premiums?
Let every master be responsible for his own negligence, but let
the line be drawn short of making every master--every employer of
another--the insurer of the safety of his servant to the extent of
rendering the master liable for injuries resulting from no fault of his
own but from the carelessness and negligence of the servant himself or
of a fellow-servant.
Public-domain text, read in full here on John Shaqi.
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