Summary

Portrait of William O. Douglas William O. Douglas Brotherhood of Maintenance of Way Employes v…

The Court seizes on ambiguous materials to impute to Congress approval of that philosophy. I would resolve the ambiguity in favor of the employees. I would read the proviso as meaning that nothing less than four-year employment protection to every employee would satisfy the Act, though not necessarily a four-year protection in his old job. In a realistic sense a man without a job is 'in a worse position with respect to' his 'employment,' though he receives some compensation for doing nothing. Many men, at least, are not drones; and their continued activity is life itself.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Brotherhood of Maintenance of Way Employes v…

Hutchins said:
'Technology holds out the hope that men can actually achieve at last goals toward which they have been struggling since the dawn of history: freedom from want, disease, and drudgery, and the consequent opportunity to lead human lives. But a rich, healthy, workless world peopled by bio-mechanical links is an inhuman world.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Brotherhood of Maintenance of Way Employes v…

The Court also relies on Congressman Lea's acquiescence in the assertions-more or less equivocal-of Congressmen Vorys and O'Connor. But, even assuming those assertions negative a guarantee of continuing employment, Congressman Lea's acquiescence hardly jibes fully with his more extended remarks on the same subject which I have quoted above.↑ Lincoln in his annual message to Congress, Dec. 3, 1861, stated: 'Labor is prior to, and independent of, capital. Capital is only the fruit of labor, and could never have existed if labor had not first existed.
Source: Wikisource

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