McClure's Magazine, Vol. XXXI, September 1908, No. 5Various
History
McClure's Magazine, Vol. XXXI, September 1908, No. 5
Various
American literature -- Periodicals; Literature -- Periodicals
This case has been cited all over the United States by counsel for
workmen injured through the failure of their employers to furnish the
protection required by statute for their safety. Perhaps a majority
of the State courts follow the New York case, and say that protective
legislation intended for the benefit of working men at work is of
no legal value to them if they stay at work. The legal theory on
which the workman assumes the risks of personal injury need not here
be discussed. Judge Taft, however, decided that when a law is made
applying to a dangerous business, in which four thousand men are killed
and sixty-five thousand are injured every year, the intention was that
the railroads should obey that law, and it should not be nullified "by
construction." In this conclusion he does not lack judicial support of
high character.
This, in substance, is Taft's labor record so far as his judicial
career is concerned. Its consideration by the general public can
be useful but for one purpose, which is this: A country like ours
cannot afford to elect a class president. It cannot afford to elect
a president in whose mind the distinction between lawlessness and
personal rights is not clear and distinct; who to please one class will
weaken the foundations of the liberty and peace of a whole nation. It
can still less afford to elect a president to whom the working people
are but pawns on the chess-board, and to whom prosperity means peace
at any price by the sacrifice of the rights of the working people, so
long as the mills are at work and property is secure in the possessions
which it has somehow acquired. The enemies of our democracy are at both
extremes.
The Socialists attacked Roosevelt with greater bitterness than any
president who had preceded him, because he had not been a class
president, and because he had not ignored the interests and rights of
the working people and thereby helped still further to increase the
constantly growing "class-conscious" body of dissatisfied men marching
under the Socialists' banner. That section of the press which supports
lawless property has attacked him because he has disturbed "values"
and "vested interests." There is no sure protection for property but
justice. Suppression of the labor organizations will not insure it;
they should not and cannot be suppressed. Nor is there on the other
hand any protection for the public if at the demands of a class, no
matter how large its voting strength, the peace of the whole country
is to be jeopardized by weakening the foundations of law which impose
just limitations on industrial warfare. We need for president a man who
will recognize and protect the just rights of both rich and poor and
thereby protect American democracy against its class enemies. By these
standards Mr. Taft must be judged.
Footnotes.
Public-domain text, read in full here on John Shaqi.
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