The Birmingham age-herald., 1907-12-04

United States stands in unenvlable promt- hence. 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 slight modification of a com pletely outgrown principle has not yet been secured. The legislation of the rest of the industrial world stands out in striking contrast to our baekwardness 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 legislation embodying in one form another the complete recognition ofrthe principle which places upon the employer the entire trade risk in the various lines of industry I urge upon the Congress the enactment of q law which will at the same time bring federal legislation up to the standard al ready established by all the European countries, and which will serve as stimulus to the various states to perfect their legislation in this regard.
 Eight-Hour Law.
 The Congress should consider the exten- sion of the eight-hour law. The const- nationality of the present law has recently been called into question, and the supreme court has decided that the existing legis- lation Is unquestionably within the powers Of the Congress. The principle or the eight-hour day should as rapidly and as far practicable be extended to the entire work carried on by the govern ment; and the present law should be amended to embrace contracts on those public works which the present word ing 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 the example i'll this respect.
 Compulsory Investigation of Industrial
 Disputes.
 Strikes and lockouts, with their at- tendant loss and suffering, continue td increase. For the five years ending De- cenlber 31, 19vo, the number of strikes was greater than those in any previous ten years and was double the number in the preceding five years. These figures indicate the increasing need of provid- ing some machinery to deal with this class of disturbances in the interest alike of the employer, the employe, and the gen. eral public. I renew my previous recom- meudation that the Congress favorably consider the matter of creating the ma chinery for compulsory Investigation of such industrial controversies as are of sufficient magnitude and of sufficient con- cern to the people of the country as a whole to warrant the federal government in taking action.
 The need for some provision for such investigation was forcbly illustrated dur ing the past summer. A strike of teie- graph operators seriously interfered with telegraphic communication causing great damage to business interests and serious inconvenience to the general public. Ap- Deals were made to me from many parts of the country. from city councils, from boards of trade, from chambers of com merce, and from labor organizations, ct ha tal fn far ,iy,a fa the strike. Everything that could with any propriety be done by a representa- tive of the government was done, with out avail, and for weeks the public stood by and suffered without recourse of any Kind. Had the machinery existed and had there been authority 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- cry for the adjustment of labor difficult ties must be taken with caution, but we should endeavor to make progress in this direction.
 The provisions of the act of 1898 creating the chairman of the interstate commerce commission and the Commissioner of Labor a board of mediation in contro- versies between interstate railroads and their employees has, for the first time, been subjected to serious tests within the past year, and the wisdom of the experf- ment has been fully demonstrated. The creation of board for compulsory inves tigation in cases where mediation falls and arbitration is rejected is the next log- lcal step In a progressive programme.
 Capital and Labor.
 It is certain that for some time to come there will be a constant increase abso- lutely. and perhaps relatively, of those among our citizens who dwell in cities or towns of some size and who work for wages. This means that there will be an ever-increasing need to consider the prob lems inseparable from a great industrial civilization. Where an immense and com plex business, especially in those branches relating to manufacture and transporta- ton, is transacted by large number of capitalists who employ a very much larger number of wage earners the for mer tend more and more to combine into corporations and the latter into unions. The relations of the capitalist and wage worker to one another, and of each to the general public, are not always easy to adjust; and to put them and keep them a satisfactory basis is one of the most important and one of the most delicate tasks before our whole civilization. Much of the work for the accomplishment of this end must be done by the individuals concerned themselves, whether singly or in combination; and the one fundamental fact that must never be lost track of is that the character of the average man, whether he be a man of means or a man who works with his hands, Is the most important factor in solving the problem aright. But it is almost equally important to remember that without good laws it is also impossible to reach the proper soiu- ton. It is idle to hold that without good laws evils such as child labor, as the ovef-working of women, as the failure to protect employees from loss of life or limb, can be effectively reached, any more than the evils of rebates and stock-watering can be reached without good laws. To fail to stop these practices by legislation means to force honest men Into them be- cause otherwise the dishonest who surely will take advantage of them will have everything their own way. If the states will correct these evils, well and good; but the nation must stand ready to aid them.
 No question growing out of our rapid and complex industrial development Is more important than that of the employ meut of women and children. The pres- ence- of women in industry reacts with extreme directness upon the character of the home and upon family life, and the conditions surrounding the employment of children bear vital relation to our fu- ture citizenship. Our Legislation in those areas under the control of the Congress Is very much behind the legislation of our more progressive states. A thorough and