The Denison review. [volume] (Denison, Iowa) 1867-current, 1907-12-04

earlly used, the ABUSE snould be CEN
sured, above all by the very men who
are properly anxious to prevent any eff
fort to shear the courts of this necessary
power. The courts decision must be
final; the protest is only against the con-
duct of individual judges in needlessly
anticipating such final decision, or in the
tyrannical use of what is nominally a
temporary injunction to accomplish what
is in fact permanent decision.
Recommend Federal
Inspection of Railroads.
The loss of life and limb from railroad
accidents in this country has become an
palling. 1t is a subject of which the ma
tional government should take supervi
sion. 1t might be we'll to begin by pro-
Nlding for federal inspection of inter
state railroads somewhat along the lines
of federal inspection of steamboats, AL
though not going so far; perhaps at first
all that 1t would be necessary to have
would be some officer whose duty If
would be to investigate all accidents ON
interstate railroads and report in detail
the causes thereof. Such an officer
should make it his business to get into
close touch with railroad operating men
SO as to become thoroughly familiar with
every side of the question, the idea bene
to work along the lines of the present
steamboat inspection law.
Employers Liability
Legislation Recommended.
me national government should be a
model employer. 1t should demand the
highest quality of service from each of
lts employees and it should care for all of
them properly in return. Congress sbo,,ld
adopt legislation providing limited hut
definite compensation for accidents to all
Wofkmen within the scope of the Federal
power, including employees of navy wards
and arsenalS. In other words a noaaI
employers liability act, far-reacbing and
thoroughsoing, should be enacted which
should apply to all positions public and
private, over which the national govern
ment has jurisdiction. The number of 40.
cidents to wage-workers, including those
that are preventable and those that are
not, has become appalling in the mechan-
ical manufacturing, and transportation
operations of the day. 1t works grim
hardship to the ordinary waee-worlser
and his family TO have the effect of such
an accident fall solely upon him: and on
the other hand, there are whole classes
of attorneys who exist only by melting
men who may or may not have been
Wronged TO undertake suits for negli-
gence. AS matter of fact a suit for
negligence is generally an inadeouate
remedy for the person injured. while If
often causes altogether disproportionate
annoyance to the employer The law
should be made such that the payment
for accidents by the employer wo,1ld he
automatic instead of being matter for
lawsuits. Workmen should receive Ger.
tain and definite compensation for all ac
cidents in industry irrespective of negli.
gence. The employer is the agent of tbe
public and on his own responsibility and
for his own profit he serves the pub1ic
When he starts in motion agencies which
create risks for Others he should take all
the ordinary and extraordinary risks in
volved; and the risk he thus at the mo.
ment 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 falline
upon the man or woman least able to
bear 1T, as is now the case. The com.
munity at large should share the bur.
dens as we'll as the benefits of industry
By the proposed law, employers would
gain desirable certainty of obligation
and get rid of litigation to determine it
while the workman and his family would
be relieved from crushing load. With
such policy would come increased care,
and accidents would be reduced in num-
Der. The national laws providing for en-
ployers' liability on railroads engaged in
interstate commerce and for safety appli-
ances, as we'll as for diminishing the
hours any employe of 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 thorough
going form.
The constitutionality of the employers
liability act passed by the preceding con-
gress has been carried before the courts
In two Jurisdictions the law has been de-
clared unconstitutional and in three juris-
dlct1ons it's constitutionality has been af-
firmed. The question has been carried to
the supreme court. the case has been
heard by that tribunal, and decision is
expected at an early date. In the event
that the court should affirm the consti-
tutionality of the act, l urge further leg
islation along the lines advocated in my
message to the preceding congress. The
practice of putting the entire burden of
loss of life or limb upon the victim or
the victims family is a form of social in
justice 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 liabili-
ty, and in some of our states even this
slight modification of completely out
grown principle has not yet been secured.
The legislation of the rest of the indus
trial world stands out in striking con-
Since 1895 practically every country of
Europe, together with Great Britain. New
Zealand, Australia, British Columbia, and
the Cape of Good Hope has enacted leg
islation 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 in
dustry. l urge upon the congress the en-
actnent 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.
Favors Extension of
the Eight-Hour Law.
The congress should consider the ex-
tension of the eight hour law. The con-
stitutionality of the present law has re-
Gently been called into question, and the
supreme court has decided that the ex-
listing legislation is unauestionably with
in the powers of the congress. The prin-
ciple of the eight-hour day should as
rapidly and as far as practicable be ex-
tended to the entire work carried on by
the government; 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