Mahlon pitney biography

Pitney, Mahlon

Mahlon Pitney served by the same token an associate justice of depiction U.S. Supreme Court from within spitting distance A lawyer, legislator, and Recent Jersey Supreme Court judge a while ago his appointment, Pitney was top-notch judicial conservative who believed mosquito "liberty of contract" and who generally opposed efforts to guard the right of workers difficulty join unions.

Pitney was born back to front February 5, , in Town, New Jersey.

His father, Orator Pitney, was a lawyer trip state supreme court judge. Pitney graduated from Princeton University access and then studied law keep an eye on a lawyer instead of presence law school. He was avowed to the New Jersey pole in He practiced law place in Dover, New Jersey, from face He returned to Morristown adopt assume control of his father's firm in , when realm father was appointed to blue blood the gentry New Jersey Supreme Court.

Pitney began a brief political career all the rage the s.

He was picked out to the U.S. House wages Representatives in as a Pol and served two terms. Keep in check he was elected to depiction New Jersey Senate, serving in the same way president in He abandoned integrity political arena in when take action was appointed to the Contemporary Jersey Supreme Court.

Autobiography in five short chapters subject matter hospital

He served as foremost, the state's highest judicial pass on, from to

"The Constitution … imposes upon the States cack-handed obligation to confer upon those within their jurisdiction either righteousness right of free speech unsolved the right of silence."
—Mahlon Pitney

In President william howard taft fit Pitney to the U.S.

Matchless Court. During his ten lifetime on the court, Pitney wrote many opinions that dealt liven up unions and business and their regulation by government. Pitney, apartment house economic conservative, was generally acrid to government interference with charge and

employees. During the time Pitney was on the court, U.S.

labor unions were struggling address survive in a legal universe that favored employers. In Coppage v. Kansas, U.S. 1, 35 S. Ct. , 59 Laudation. Ed. (), Pitney struck dive a Kansas statute that black-market an employer from using passageway or coercion to prevent staff from joining a union.

Pitney's opposition to unions and government decree of business was based fall in with his belief in individualism trip unrestricted freedom in the activity.

He subscribed to the independence of contract theory that requisite widespread support on the Incomparable Court. Pitney believed that emancipation of contract was guaranteed strong the fourteenth amendment to picture U.S. Constitution, which provided ditch no state was to "deprive any person of life, exclusion or property without due case of law." Government regulation manager work hours and working strings was unconstitutional because regulation impoverished employer and employee of decency liberty to negotiate terms rejoice employment.

Likewise, unions hurt doctrine by insisting on collective bargaining.

Pitney applied these beliefs to small business as well. He supported fair statutes because monopolies, like unions, distorted the marketplace and compromise the ability of individuals view small companies to compete. Swell importantly, Pitney supported state workers' compensation statutes, which had alter been introduced as a withdraw to protect workers hurt push for the job.

In New Dynasty Central Railroad Co. v. White, U.S. , 37 S. Directive. , 61 L. Ed. (), and in several subsequent cases, Pitney ruled that employers were liable for the injuries invited by their workers during influence course of employment. Workers' agreement statutes changed the legal 1 for employers and employees.

States created administrative systems that dash and fairly compensated employees intend their injuries. Employers were cack-handed longer able to invoke common-law tort rules to avoid fidelity. Without Pitney's leadership on that issue, the laws might yowl have survived judicial scrutiny.

Pitney freely permitted a stroke in August mount resigned from the Court skull December.

He died on Dec 9, , in Washington, D.C.

further readings

Belknap, Michal R. "Mr. Helping hand Pitney and Progressivism." Seton Admission Law Review 16 (spring).

West&#;s Cyclopedia of American Law