My Advice to N.A.C.C.A.
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ISBN 978-94-015-2514-5 (eBook)
DOI 10.1007/978-94-015-2514-5
MY ADVICE TO N.A.C.C.A. by SILAS BLAKE AXTELL
New York Bar, 1910-
In ten minutes I should like to tell you what I think we should do: First: Ignore the attacks made on us as plaintiffs advocates. Second: In the spirit of our Bill of Rights, we should prepare for each state an amendment of the Workmall's Compensation Act so that persons injured through negligence on the part of the employer in failing to furnish the employee with a reasonably safe place in which to work as by the common law may take his compensation as a seaman takes maintenance and in addition, sue for damages that will really compensate him for pain and suffering, humiliation and interference with his right to the pursuit of happiness ... Third: We should get the defense of contributory negligence modified by the adoption of the rule of comparitive negligence in all states. Fourth: We should take steps to revoke the Warsaw Treaty which limits the liability of plane operators in the carriage of passengers by the United States and Europe to the inadequate sum of $ 8500. Fifth: We should secure laws that will result in larger per diem pay for jurors in civil and criminal courts of the states and of the United States. Sixth: We should secure a change of federal law by which attorneys for persons in civil actions are limited to three challenges and the original right of lawyers to examine prospective jurors by direct questions should be restored. Seventh: We should get behind the law to increase the number of federal judges by at least 50 %in seacoast districts. Eighth: We should encourage the adoption of a code of ethics for labor groups so that independent lawyers may be retained by individual workers who need attorneys to enforce their rights to collect damages in tort cases.
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SILAS BLAKE AXTELL
Ninth: We should design a statute that will prevent unions or union officials from channeling tort cases to lawyers who are controlled and whose fees are limited by contracts with the unions. Finally, as to the Maritime Law, we should try to get the courts to apply this great body of law, which is international and world wide, to all seamen equally who elect to sue for damages in the courts of the United States. As one of the designers of the Seaman's Act and the Jones Act, which was an amendment, I state that the Seaman's Act and all its parts was intended to be an addition to the General Maritime Law as adopted by the Constitution of the United States and by our judges. Our Maritime Law was the old sea code that had been used by the admiralty courts of England which this country adopted when it effected the Constitution of the United States in 1789. Our Supreme Court has held repeatedly that the Jones Act is a part of the General Maritime Law and is enforcable territorially as far as it can go in courts of admiralty or common law. The J ones Act was intended to be mandatory in giving jurisdiction to the courts of the United States to enforce the claims for torts for wages or enforcement
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