The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-12-03

model employer. 1t should demana
the highest quality Of service from
each OF Its employees, and 1t should
care for all Of them properly in re.
turn. Congress should adopt legisla
ton 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 thoroug hgoing. 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 preyentable and those that are
not, has become appalling in the me-
! cLanical, 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 a matter
Of fact, Il 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 a matter for
lawsuits. HSorkmen should receive
certain and definite compensation for
all accidents in industry irrespective
Of negligence. The employer is the
agent of tho 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 he should take all the ordinary
and extraordinary risks involved, and
the risk be thus at the moment as
sumes will ultimately be assumed, as
it ought to be, by the general public
Only in this way can the shock of the
accident lie diffused, instead of falling
upon the man or woman least able to
bear it. as is now the case. The COM
munity at large should share the bur-
denS as well as the benefits Of indus
try. By the proposed law employers
| would Sain a 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 a 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 aDpli-
ances, as well as for diminishing the
hours any employee of a 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 thoroughgoing form.
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 demonstrations
al, and in three Jurisdictions it's con-
stitutional!ty has been affirmed. The
! question has been carried to the sy-
preme co,-t, the case has been heard
by that tribunal, and decision Is ex.
pected at an early date. In the event
that the court should affirm the consti-
! nationality of the act l urge further
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 upon
the victim or the victims family is a
form Of social injustice in which the
United States stands III unenviable
prominence. In both our federal and
our state legislation we have. with few
exceptions, scarcely gone further than
the repeal Of The fellow servant prin-
ciple of the old law Of liability, and IN
some Of our States even this slight
modification Of a completely outgrown
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 every
country of Europe, together with Great
Britain, New Zealand, Australia, Brit
ish Columbia and the Cape Of Good
Hope has enacted legislation embody-
ing In one form or another the COM
p!ete recognition Of the principle which
places upon the employer the entire
trade risk in the various lines of in
dustry. l urge upon the congress the
enactment of law which will at the
same time bring federal legislation up
to the standard already established by
all the European countries and which
will serve as stimulus to the various
states to perfect their legislation in
this regard.
Eight Hour Law.
The congress should consider the ex-
tension Of the eight hour law. The con
stitutionality Of the present law has
recently been called into question, and
the supreme court has decided that the
existing legislation is unquestionably