Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1907-12-18
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care for all of them properly in re-
turn. Congress should adopt legisla.
tlon providing limited but definite
compensation for accidents to all
workmen within the scope of the fed
eral power, including employees Of
navy yards and arsenals. In other
words, model employers liability act,
far reaching and thoroughgoing, should
be enacted which should apply to all
positions, public and private, over
which the national government has
jurisdiction. The number of accidents
to wageworkers, including those that
are preventable and those that are
not, has become appalling in the me
chanical, manufacturing and transpor.
tation operations of the day. 1t works
grim hardship TO the ordinary wage
worker and his family to have the eff
feet of such an accident fall solely up.
on him, and. on the other hand. there
are whole classes of attorneys who ex-
list only by melting men who may or
may not have been wronged TO UNDER
take suits for negligence. As matter
Of fact, suit for negligence Is gen
orally an Inadequate remedy for the
person injured, while It often causes
altogether disproportionate annoyance
to the employer. The law should be
made such that the payment for acct.
dents by the employer would be auto
matte instead of being matter for
lawsuits. Workmen should receive
certain and definite compensation for
all accidents In industry irrespective
of negligence. The employer IL the
agent Of the public, and on his own
responsibility and for his own profit he
serves the public. When he starts in
motion agencies which create risks for
others lie should take all the ordinary
and extraordinary risks involved and
the risk he thus at the moment as
| sumes will ultimately be assumed. as
II ought to be, by the general public.
Only In this way can the shock Of the
accident be diffused, instead Of falling
upon the man or woman least able to
bear II. as is now the case. The com
munity ut large should share the bur.
dens as well as the benefits of indus
| try. BY the proposed law employers
would gain desirable certainty of
obligation and get rid of litigation to
determine It, while the workman and
his family would be relieved from a
crushing load. With such n policy
would come increased care, and acct.
dents would be reduced In number. The
national laws providing for employers
| liability on railroads engaged In inter
state commerce and for safety appli
ances, rs well as for diminishing the
hours any employee of railroad
should be permitted to work, should
all be strengthened wherever in actual
practice they have shown weakness
They should be kept on the statute
books in thoroughgolng form.
The constitutlonallty Of the employ
ers' liability act passed by the proceed
ing congress has been carried before
the courts. In two Jurisdictions thu
law has been declared unconstltution
al, and in three Jurisdictions its con
stitutionality has been affirmed. Tit
question has been carried 10 the 81
preme court. the case has been heart
by that tribunal, and a decision is ex
pectcd Mt an early date. In the even
that the court should affirm the constI
nationality Of the act | urge furthc
legislation along the lines advocated
In my message to the preceding con
gross. The practice Of putting the en-
tire burden Of loss to life or limb upoi
the victim or the victims family Is ;
form Of social injustice in which tn,
United States stands In unenviabl,
prominence. In both our federal ant
our state legislation we have, with few
exceptions, scarcely gone further thai
the repeal of the fellow servant prin
ciple of the old law of liability, and II
some of our states even this Sigh
modification of Il completely outgrowl
principle has not yet been secured
The legislation of the rest Of the indus
trial world stands out In striking con
trast to our backwardness in this re
spect. Since 1895 practically ever
country of Europe, together with Grea
Britain, New Zealand, Australia, Brit
ish Columbia and the Cape Of Goo
Hope, has enacted legislation embody
Ing In one form or another the CON
plete recognition OF the principle whlc
places upon the employer the entr
trade risk In the various lines of In
dustry. / urge upon the congress tn
enactment Of a law which will at tn
same time bring federal legislation u
to the standard already established b
all the European countries and whlc
will serve as stimulus to the variou
states to perfect their legislation
: this regard.
Eight Hour Law.
, The congress should consider the e.
tension Of the eight hour law. The col
stitutionality Of the present law hu
: recently been called into question, an
a the supreme court has decided that til
existing legislation is unquestionabl
, within the powers of the congress
: The principle of the eight hour da
, should as rapidly and as far as pra
: tcable be extended to the entire wor
carried on by the government, and II
present law should be amended TO ell
hro 90 rontroptS IN thnSn nublip ynrl