Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1907-12-06

find the facts proven beyond a rea- +:
!: sonable doubt when 1t comes to !:
!: sending to Jail a mi of the ::
business community for indulging ::
/: in practices which are profoundly ::
unhealthy, but which. unfortunate-
iy, the business community has
/: grown to recognize as we'll night
normal. Both the present condi-:
ton of the law and the present I:
temper of juries render 1t q task
of extreme difficulty to get at the !:
: real wrongdoer in any such case. !:
: especially by Imprisonment. Yet !:
IT Is from every ~andpoi far :
preferable to punish the prime Of !:
fender by Imprisonment rather !:
: than to fine the corporation, with /:
/: the damage to stock !:
!: holders. /:
Public Opinion Must Help.
The two great evils in the execution
of our criminal laws today are senti-
mentality and technicality. For the
latter the remedy must come from the
hands of the legislatures. the courts
and the lawyers. The other de-
pend for its cure upon the gradual
growth Of a sound public opinion which
shall insist that regard for The law
and the demands of reason h con-
troll all other influences and emotions
In the jury box. Both Of these evils
must be removed or public discomfort
with the criminal law will continue.
The process of Injunction Is an es-
sential adjunct Of the courts doing its
work well; and as preventive measures
are always better than remedial, the
wise use Of this process is from every
standpoint commendable. But where
1t Is recklessly or unnecessarily used,
the abuse should be c~ensured. above
all by the very men who are properly
anxious to prevent any effort to shear
the courts of this necessary power.
Accidents,
The loss of life and limb from rail-
road accidents in his ountry has be-
come appalling. 1t is a subject of
which the national government should
take supervision. 1t might be well to
begin by providing for a federal in
spector of interstate railroads some
where along the lines of federal inspec-
ton of steamboats,, although not going
SO far; perhaps at first all that it
would be necessary to lave would be
some officers whose duty 1t would be
to Investigate all accidents on Interstate
railroads and report in detail the
cause thereof.
Employers Liability.
Congress should adopt legislation pro-
viding limited but definite compensa-
tion for accidents to all with
in the scope of the federal power, in
GLIDING employees of navy yards and
arsenaIs. In other words, a model em-
ployers' liability act, far reaching and
thoroughgoing. should be enacted
which should apply to all positions.
public and private. over which the ma
tional government has jurisdiction.
The law should be made such that
the payment for accidents by the em-
ployer would be automatic instead Of
being a matter for lawsuits. Workmen
should receive certain and definite COM
pensation for all accidents in industry
irrespective of negligence.
BY the proposed law, employers
would gain a desirable certainty of OBJ
legation and get rid of litigation to
determine 1t, while the
mis- family would be relieved from a
crushing load.
The constitutionality Of the employ
ers' liability act passed by the preced-
ing congress has been carried before
The courts. In two jurisdictions the
law has been declared unconstitutional
and in three jurisdictions its constitu-
tionality has been affirmed. The aues-
ton has been carried to the supreme
court. the case has been heard by that
tribunal, and e decision is expected at
an early date. In the event h a the
court should affirm the constitutional
ity of the act, ! urge further legislation
along the lines advocated in my mes
sage to the preceding congress-. Since
1895 practically every country of Eu-
rope, together with Great Britain, New
Zealand, Australia, British Columbia,
and the Cape of Good Hope has enacted
legislation embodying in one form or
another the complete recognition OF the
principle which places upon the en-
ployer the entire trade risk In the
various lines of industry.
Eight Hour Law.
The principle of the eight-hour day
should as rapidly and as far as prac-
ticable be extended to the entire work
carried on by the government; and
the present law should be amended to
embrace contracts on those public
works which the present wording of the
l q OF has hoan r11ad Tn axc1llde.f H
Investigation Of Industrial Disputes.
Strikes and Iockouts, with their at.
tendant loss and suffering, continue tc
increase. For the five years ending
December 81. 1905, the number of strikes
was greater thar those in any previous
ten years and was double the number
in the preceding five years. These fig.
ures indicate the increasing need 81
providing some machinery to deal with
this class of disturbances In the inter
est alike of the employer, the employe
and the general public. I renew my
previous recommendation that the con
gress favorably consider the matter OF
creating the machinery for compulsory
Investigation of such industrial contrO-
versies as are Of sufficient magnitude
and of sufficient concern to the people
Of the country as a whole to warrant
h federal government in taking ac-
ton.
The need for some provision for
such investigation was forcibly IL
lustrated during the past sum-
mer. A strike of telegraph oper-
ators seriously interfered with tele-
graphic communication, causing great
damage to business interests and Sc
rious Inconvenience to the general pub
lie. Appeals were made to me from
many parts Of the country. from city
councils, from boards of trade. from
chambers of commerce., and from labor
organizations, urging that steps be
taken to terminate the strike. Every
thing that could with any propriety be
done by a representative of the govern
ment was DONE, without avail. and for
weeks the public stood by and suffered
without recourse of any kind. Had the
machinery existed and had there been
authority for compulsory investigation
of the dispute, the public would have
been placed in possession of the merits
of the controversy, and public opinion
would probably have brought about a
prompt adjustment.
Employment of Women and Children.
No question growing out of our rapid
and complies industrial development is
more important than that of the en-
ployment of women and children. The
presence OF women In industry reacts
with extreme directness upon the char
acter of the home and upon family life,
and the conditions surrounding the en-
ployment of children bear a vital rela-
ton to our future citizenship. Our legis-
lation in these areas under the con-
troll of the is very much be-
hind the legislation of our more pro-
OrpSsive states. a thorOilgh and ccno.