Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-12-03

thoroughgOine. should be enacted
which should apply TO on positions.
public and private over which The nn-
tona government has jurisdiction.
The number OF accidents 20 VS.
workers. including those that arc pre-
vcutable and those That are not has
become appalling ln the mechanical,
manufacturing. and transportation op-
CREATIONS 90 the day. 10 works grim
hardship 10 the ordinary wage work-
pr and his family Go have the effect lf
such nn accident fuli solely upon hmm;
and on the other hand, there are
whole classes of attorneys who exist
only hy melting men who may OF may
MOT have been wrougcd to undeftahe
suits for negligence As matter oi
fact suit for negligence IS generhhy
an Inadequate remedy FOR the person
injured. while rs often causes mio-
scthcr disproportlonate annoyance %
Che EMPLOYER Tho law ehouls De
made such that the payment Tor aeol-
Irnis by The employer would oo aulo-
mnUc instead oft being matter
for aWquit WorNmcn should receive
certain ana definite compcnaa-
uon for nu accidents IN ln-
Gu-.r, irrespective of negligence
EMPLOYER PUBLGc AGENr
Tho employer h. the agent Of Che pub
De aul ou hts own ~. onslbllity ana for
his own profit Dc serves the pupllc.
when he starts ln motion asrncies
which create risks Tor others. De- should
take gll the ordinary ANA extraordinary
risks involved; and thc risk he thus at
the moment assumes VIII ultimately be
assumed as 10 ought % be. hy the gen
eral public, only in this way can the
shock OF the accident be- di1usci. I'M
Of FALLING the n NNUnH
an loast able To- bear d. as is now the
case The community at large should
share the burdens as we'll 1s the Bono
fits OF industry By the proposed law,
employers would gain q desirable cer-
taiuty Of obligation and get rid OF lsu-
cation TO determine DC. while The work.
man and his family would Doe relieved
from a crushing load With such a
policy would come increased care, and
accidents would De reduced Tn number.
The national laws providing for em-
plOyers' liability on railroads engaged
ln interstate commerce and Tor salcty
appliances, az we'll ~ for diminishing
the hours any employe Of railroad
should be permitted TO work. should AN
b. strengthened wherever I'm actual
practise they have shown weakness;
they should be kept on the statute
books In thoroughsoing form.
The cousuutionauty Of the employ
ers' liability act passed by the proceed
Ing Congress has been carried before
the courts. In two jurisdictions the law
has been declared unconstitutional. and
in three Jurisdictions IT'S CONSTITUTIONAL
~ has been affirmed. The question has
been carried Go the supreme court, the
case has been heard by that tribunal,
and a decision Is expected at a. early
date. In the event that the court should
affirm the oOustituti0nality Of the act
] urge further legislation along the lines
advocated IN my message 10 the pre-
ceding Congress. The practise OF put
ting the entire burden OF loss 20 life or
limb upon the victim OF the victims
family IS a form OF social injustice In
which the United states stands in un-
enviablo prominence.
COUNTRY BEHIND AGE
In both our federal and our state leg
islation we have. with few exceptions
scarcely gone farther than the repeal OF
the fellow servant principle of the old
law Of liability, and I'm some Of our
states even this slight modification Of
q completely outgrown principle has not
vet been secured. The legislation OF the
rest OF the industrial world stands out
bon striking contrast 10 our backward
ness In this respect. Since 1895 practic-
ally every country OF Europe together
with Great Britain. New Zealand, Aus
tralid, British columbia ana the cape
OF Good Hope has enacted legislation
embodying IN one form or another the
complete recognition Of the principle
which places upon the employer the en-
tire trade risk in the various lines Of
industry. ] urge upon the Congress the
| enactment Of a law which viii at the
same time bring federal legislation up
70 the standard already established by
all the European countries. and which
win serve as a stimulus TO the various
states to perfect their legislation in this
regard.