The Washington times., 1907-12-03


OF them properly in return. Congress
should adopt legislation providing lin
tied but definite compensation for acci-
dents to all worlcmen within the scope
OF the Federal power. including en-
ployes OF navy yardf and arsenals. In
other words, a model employers liability
act, far-reachinR and thorouBhgoing
should be enacted which should apply
20 all positions. public and private, over
which the National Government has ju-
risdIction- The number OF accidents TO
wage-worlSers, including those that are
proventabie and those that are not, has
become appalling in the mechanical
manufacturing. and transportation oper-
atiOns OF the day.
1t works grim hardship to tho or
dinary Wage-worker and MS FAMILY 20
have the effect OF such an accident fall
solely upon him; and, on the other
hand, there are whole classes OF BttOr-
neys who exist only by tnciting men
who may or may not have been WrOnBed
TO undertake suits for negligence AS
ls generally an inadequate remedy for
the person injured, while II often
causes altogether dispropOrtionate an
nOyance TO the employer.
The law should be made such that the
payment for accidents by the employ
er would be automatic instead OF be-
ing a matter for lawsuits Workmen
should receive certain and definite com
pensatiOn for all accidents In Industry
irrespective OF negligence.
Community Should Bear Burden.
The employer Is the agent OF the
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,
no should take all the ordinary and
extraordinary risks involved; and the
risk he thus at the moment assumes
Will ultimately be assumed, as It ought
10 be. by the general public Only in
this way can the shock OF the acci-
dent be diffused, instead OF falling upon
the man or woman least able TO bear
Il, as Is now the case The community
at large should share the burdens as
well as the benefits OF industry. BY
the proposed law, employees would
gain a desirable certainty OF obligation
and got rid OF litigation 20 determine It,
while the workman and his family
would be relieved from crushing load
With such a policy would come in
creased care, and accidents would be
reduced In number. The national laws
providing for employers liability on
railroads engaged IN interstate COM
rneree ana for safety appliances. az
well as for diminishing the hours any
eUaplOye OF a railroad should be per
rnitted 70 work, should all be strength
eued wherever IN actual practice they
have shown weakness; they should be
kept on the statute books in thorough
The constitutionality OF the employ
ers' liability act passed by the pre-
cedlnR Congress has been carried be
fore the courts. In two jurisdictions
the law has been declared unconstitu-
tional and IN three jurisdictions its con
stitutionality has been affirmed The
question has been carried TO the Su-
preme Court, tho case has been hearo
BY that tribunal, and a decision Is ex-
pected at an early date. In the event
that the court should affirm the oon-
stitutionaIty OF the act, 1 urge 1urtheE
legislation along the lines advocated
in my message 10 the preceding Con-
gresS-
The practice OF putting the entire bur
den OF loss 10 life or limb upon the
victim or the victims family is form
Of social injustice in which the United
States stands IN unenv1able 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 cf our
States even this slight modification OF q
completely outgrown principle has not
yet been secured. The legislation or the
rest OF the industrial world stands out
IN striking contrast to our backward
ness in this respect. Since 1885 prac-
tlcally every country OF Europe, TO-
gether with Great Britain, New Zea-
land. australia, British Columbia, and
the Cape OF Good Hope, he's enacted
legislation embodying in one form OF
another the counplete recognition OF the
principle which places upon the en-
ployer the entire trade risk In the vari-
Gus lines OF industry. I urge upon the
Congross the enactment Of law which
viii at the same time bring Federal
LEGISLATION up TO the standard already
established by all the European coun-
tries. and which will serve as a stimu-
ius TO the various States to perfeSt their
legislation in this regard
Extend Eight-Hour Law.
The Congress should consider the ex-
tension of the eight-hour law. Tht
coastitutionaIity of the present law ha'
recently been called into question, and
the Supreme Court has decided that tn,
existing legislation Is unqestionably
within the powers of Congress. Tht
principle of the eight-hour day should
as rapidly and as far as practicable, b
extended to the entire work carried OF
By the Government; and the present
law should be amended to embrace con-
tracts on those public works which the
present wording of the act has beer
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 tha example In
this respect.
Would Investigate Strikes.
Strikes and lockOuts, with their at
tendant less and suffering, continue tc
increase. Tor the five years ending De-
cember 81. 1905. the number Of strikes
was greater than those in any previous
ten years, and was double the number
in the preceding five years. These fig
ures indicate the increasing need OF pro-
vfdina soma machinery to deal with this