The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-03

ton of steamboats,. although not going
so far; perhaps at first all that 1T would
be necessary to have would be some
gate all accidents on interstate rail-
roads and report in detail the causes
thereof Such an officer should make 1t
his business to get into close touch
become thoroughly familiar with every
side of the question, the idea being to
work along the lines of the present
steamboat inspection law
Employers Liability.
The, national government should be
a model employer. 1t should demand
the highest quality of service from
care for all of them properly in re-
turn. Congress should adopt legisla-
ton providing limited but definite
compensation for accidents to all
eral power, including employees OF
navy yards and arsenals. In other
words, a model employers liability
act. far-reaching and thoroughgoing.
to all positions, public and private.
over which the national government
has jurisdiction. The number of ac-
cidents to wage-workers, including
those that are preventable and those
that are not, has become appalling in
the mechanical, manufacturing, and
transportation operations Of the day.
1t works grim hardship to the ordi-
nary wage-worker and his family to
have the effect of such an accident
fail solely upon him; and, on the
other hand. there are whole classes
of attorneys who exist only by in
citing men who may or may not have
been wronged to undertake suits for
negligence. AS matter of fact suit
quate remedy for the person injured.
while it often causes altogether dis
proporttonate annoyance to the en-
ployer. The law should be made such
that the payment for accidents by the
employer would be automatic instead
of being q matter for lawsuits. Work
men should receive certain and def
mite compensation for all accidents in
industry irrespective of negligence.
The employer is the agent of the pub
lie and on his own responsibility and
for his own profit he serves the pub
lie. When he starts in motion agen-
should take all the ordinary and ex-
traordinary risks involved; and the
risk he thus at the moment assumes
will ultimately be assumed. as 1t
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 it, as is now the case. The COM
burdens as we'll as the benefits of in
dustry. By the proposed law, en-
ployers would gain a desirable GER
tainty of obligation and get rid of
workman and his family would be
relieved from a crushing load. With
such a policy would come increased
care, and accidents would be reduced
In number. The national laws provid-
ing for employers liability on rail-
roads engaged in interstate commerce
and for safety appliances, as well as
for diminishing the hours any en-
MI nf cho he
ted to work, should all be strengthen
ed wherever in actual practice they
have shown Weakness; they should
be kept on the statute books in thor
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 unconstitu-
tional, and in three jurisdictions its
constitutionality has been affirm ed.
The question has been carried to,the
supreme court, the case has been heard
by that tribunal, and a decision is ex-
pected at an early date. In the event
that the court should affirm the con-
stitutionality Of the act 1 urge further
legislation along the lines advocated
in my message to the preceding con-
gress. The practice of putting the en-
tire burden of loss to life or limb upon
the victim or the victims family is
form Of social injustice in which the
United States stands in unenviable
prominence. In both our federal and
our state legislation we have, with
few exceptions, scarcely gone farther
than the repeal of the fellow-servant
principle of the old law of liability
and in some of our states even this
eight. modification of a completely
outgrown principle has not vet been
secured. The legislation of the rest
Of the industrial world stands out in
striking contrast to our backwardness
in this respect. Since 1895 practically
every country of Europe, together
with Great Britain. New Zealand,
Australia, British Columbia, and the
Cape of Good Hope has enacted legis-
lation embodying in one form or an
other the complete recognition of the
principle which places upon the en-
pIoyer the entire trade risk in the
Various lines of industry urge upon
the congress the enactment of a law
which will at the same time bring
federal legislation up to the standard |
already established by all the Euro |
pean countries: and which will serve
as a stimulus to the various states to |
perfect their legislation in this regard. |
Eight-Hou Law.
The congress should consider the |
extension of the eight-hour law. The |
constitutionality of the present law
has recently been called into question. |
and the supreme court has decided |
that the existing legislation is unques- |
tionably within the powers of the con- |
gress. The principle of the eight |
hour day should as rapidly and as far |
as practicable be extended to the en-
tire work carried on by the govern |
ment: and the present law should be |
amended to embrace contracts on /
those public works which the present |
wording of the act has been construed |
to exclude. The general introduction |
of the eight-hour day should be the |
goal toward which we should steadily |
tend, and the government should set |