The Deadly Cost of a Supreme Court Precedent
A tragic railroad workplace death in Pennsylvania becomes a rallying cry for Everett labor activists opposing the appointment of a pro-corporate judge.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
Adam M. Schlemmer was a brakeman in Pennsylvania supporting his family by coupling cars for the Buffalo, Rochester & Pittsburg Railway. One Sunday night, he failed to guide a coupling into its slot and his head was crushed. His widow sued, but courts ruled he was 'negligent' for failing to keep his head out of harm's way, effectively blaming the worker for the lack of federally mandated safety couplers. When the case reached the U.S. Supreme Court, Justice Brewer and others sided with the railroad, while the labor movement saw the ruling as a death sentence for workers. Now, President Taft has nominated Judge Horace H. Lurton—a man known for corporation favoritism—to the Supreme Court. Everett labor leaders, through the Labor Journal, are asking: can we expect a man who holds such views to protect the safety of the working man?
“Perhaps Schlemmer was sleepy. Maybe he was thinking of the minister's sermon. Perhaps he was meditating on the latest prank of the baby. Who can say that he had not read one of Mr. Justice Brewer's public speeches and was wondering at the ease with which a judge can make his twelve thousand per annum, while a brakeman has to get out at 9 p.m. and 'hustle for the grub'?”
This 1910 debate over 'contributory negligence' mirrors modern battles over industrial safety and the degree to which corporations are held accountable for worker protection versus personal responsibility. The Labor Journal's skepticism regarding judicial appointments reveals how distant federal court rulings felt directly tied to the everyday survival of Everett's industrial workers.
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