Evening star., 1902-04-22
Public Policy Regarding Accidents.


this audience, L leave the subject for the
present.
Public Policy Regarding Accidents.
Mr.. Sampel P. Gompers, president Of the
American Federation of Labor, by request
discussed Mr.. Lows paper in ten-minute
address,, after which Mr.. Adna F. Weber
chief statistician, department of labor
of the state Of New York, read paper on
the subject, Public Policy in Relation to
Industrial Accidents" He said in part:
The public attention has been turned to
the restlessneSs of the workers in our
manufacturing and mechanical industries,
as manifested quite recently in the indie
pendent labor movements that have placed
workingmen in the mayors chair at San
Francisco and in Hartford and other cities
of Connecticut.
I'm several instances the proximate cause
of such political revolutions was the as
sumption of unwarranted powers by the
judiciary in the issuance of injunctions.
An equally deep-seated, If less conspicu-
Gus. cause of the prevalent criticism of
judicial processes is the judge-made law
of employers liability.
THE law of liability is simply branch
of the general law of negligence. which has
however, been modified that it bears with
exceptional harShness upon employees. Thus
the fellow-servant doctrine of common en-
ployment deprives an employe of rights he
would ordinarily have against his employer
from the employer for injuries caused by
the negligence of fellow workman.
Alleged Distinction Against Trainmen.
IF a switchman through negligence
causes a train wreck, all the passengers
have a legal claim for damages against
the railwy company; but the conductor, fire
man and engineer, being coemployes with
the switchman, are deprived of that right.
The doctrines of contributory negligence
and acquiescence or assumption of risk by
an empleye, who simply continues at work
in dangerous place, also work hardship"
Mr. Weber declared that these exceptions
to the law of negligence might be removed
by statute, and in several states some of
them have been, but even then, he said, the
law is unsatisfactory because in modern in
dustry the organization Of workers is so
complex that it is seldom possible to locate
the negligence.
so long men work dangerous ma
chinery,' said Mr.. Weber, numerous acci-
dents are inevitable. There is an army of
cripples in every manufacturing country,
and their support is great problem. With
no remedy but the negligence law, at least
30 per cent of these cripples and the fami-
lies of workingmen killed at work, will have
to exc out their lives in poverty and hard
ship or become burdens of private and pub
lie charities
Our experience is simply that Of other
countries. which have been quicker to solve
the problem than We. chiefly because Amer
lean workmen have enjoyed larger earnings
and hence have been more nearly equal to
tne task OF self-support when misfortune
came In the way of physical injury. But
the time has come when different distri-
button of these burdens must be made here
and Europe has shown US the way.
European Rivals.
Briefly stated, all of our commercial
rivals in Europe have laws requiring the
employer to indemnify all injuries sus-
tanned by his employees while at work, en-
tirely regardless of the question of negli-
gence. The scale of compensation is pre-
scribed by law. For example, in England
an injured employe is entitled to free med
ical attendance and a weekly allowance
while unable to work equal to one-half Of
his regular wages. If killed his family gets
an amount equal to three years wages.
The employer pays these charges in the
first instance. but ultimately the consumer.
Just as an employer includes among his
expenses of production a charge for wear
on machinery and for risk Of loss by fire.
so he can include in the selling price Of his
products the expense imposed by the wear
and tear of the human agents of produc-
ton.
''It is only question of time when the
United States will follow England France
Germany, Austria, Italy and Australia in
adopting this policy. The republican party
in it's national platform has already de-
clared in favor Of an effective system of
within the present month taken a consid-
erable step in this direction by abrogating
the Judge-made rules of common employ
ment and contributory negligence in such
hazardous industries as transportation
mining and Quarrying, and II permits the
employer to escape this additional liability
by paying over to the state insurance COM
missioner monthly sums of money sufficient
to provide an indemnity Of $1,000 for the
family Of every empioye killed by accident.
Duty Of Congress.
Congress should pass workmen's COM
pensation act for the protection of all en-
ployes In interstate enterprises and the
state legislatures should provide for 9TH
ers Without delay provision should be
made for the insurance against accident
Of all workmen employed on public work.
whether by the state or by contractors"
The session took recess at 1880 today
and will meet again tonight. when the SUBJ
ject Of Critical Opinions Upon Employ
ers Liability Legislation In the United
States will be discussed. Those exnecfed