The semi-weekly messenger., 1907-12-06

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ness; they shonld be kept on the stat
ute books in rhoroughgoing form.
The cons.itutionality OF the employ
ers' act passed by the preceding con-
I gress has been carried before the
! courts In two Jurisdictions the law
| has been declared unconstitutional, and
. in three jurisdictions its constitution
atty has been affirmed I4e question
| has been carried to the supreme court
! the case has been heard by that tribun-
al, and decision is expected al an
early date In the event that the
| court should affirm the cOnstitutiOnali-
| ty of the act, urge further legislation
| along the lines advocated in my mes
sage to the preceding congress The
practice of putting the entire burden
or loss of life or limb upon the victim
c, the victims family is form of So
| ciaI injustice in which the United
| States stands in unenvlable prominence
| 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 in some Of
our states even this slight modifica-
ton of completely outgrown princi-
pie has not yet been secured. The leg
| islation Of the rest OF the industrial
| world stands out in striking cOntras
tc our backwardness in this respect.
Since 1895 practically every country OF
Europe, together with Great Britain,
New Zealand, Australia, British Col
umbia and the Cape of Good Hope has
enacted legislation embOdying in one
ton of the principle which places
upon the employer the entire trade
risk in the various lines of industry.
I urge upon the congress the enact
ment of a law which will a. the same
time bring federal legislation up to
the standard already established by all
the European countries, and which
will serve as a stimulus to the various
states to perfect their Legislation in
this regard.
ElGHl.HOOB LAW.
The congress shoulc consider the ex-
tension 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 unquestion-
ably within the powers of congress.
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 en-
brace 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
VIC should steadily tend, and the gov
eminent should set the example in this
respect.
COMPULSORY INVESTIGATION OF
INDUSTRIAL DISPUTES.
Strikes and 1ockours, with their at
Increase. For the five years ending
December 81, 1905, the number Of strik-
es was greater than those in any pre-
vious ten years and was double the
number in the preceding five years.
These figures indicate the increasing
need Of providing some machinery to
deal with this class CT disturbances in
the interest alike Of the employer, the
employee, and the general public. I
renew my previous recommendation
that the congress consider the matter
of creating the machinery for cOmpul
sorry investigation Of such industrial
controversies as are OF sufficient mag
nitude and of sufficient concern to the
people of the country as a whole to
warrant the federal government in TAX
ing action.
The need for some provision Tor such
investigation was forcibly illustrated
during the past summer. A strike OF
telegraph operators seriously interfer-
ed with telegraphic communication,
causing great damage to business in
terests and serious inconvenience to
tc me from many parts of the country.
from city councils and from boards Of
trade, from chambers of commerce,
and from labor organizations, urging
that steps be taken TO terminate the
strike. Everything that could with
any propriety be done by a represent
ative of the government was done,
without avail, and for weeks the pub
lie stood by and suffered without re-
course OF any kind. Had the machin-
cry existed and had there been author
ity 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
Each successive step creating machin