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Gardiner, J. H.

"The Making of Arguments"

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THE WORKMAN'S COMPENSATION ACT[75]
This is a good example of the high quality of argumentative writing
which is being turned out by daily and weekly journals in great
quantities throughout the year. This article, being from a weekly
journal, is longer and more searching than the editorial in a daily
paper, and to some extent partakes of the nature of an essay. It is
notable for the thoroughness of the analysis of the question, for the
careful review of the history of the case, and for the precise statement
of the points at issue. There is little space for the presentation of
evidence, though the specific statement of facts and the quotations from
authorities, so far as they go, serve as evidence.
We purpose in this article to give to our readers an interpretation of
the recent decision of the New York Court of Appeals declaring that the
Workman's Compensation Act is unconstitutional. We regard this decision
as of very great importance, because, if the Court has correctly
interpreted the Constitution of the United States, that document
prevents America from adopting an industrial reform which has been
adopted as just and necessary by practically the entire civilized world.
We do not believe that the interpretation of the Court is correct.


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