Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-03


tyrannical use Of what is nominally a
temporary injunction to accomplish what
Is in fact a permanent decision.
The loss of life and limb from railroad
palhng. 1t Is subject Of which the ma
tional government should take super
vision. 1t might be well to begin by pro-
viding 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 It would be necessary to have
would be some officer whose duty would
be to investigate all accidents on inter-
state railroads and report in detail the
causes thereof Such an officer should
make 1t 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 being to
work along the lines Of the present
steamboat inspection law.
Employers Liability.
The national government should be a
model employer. It should demand the
highest quality Of service from each of it's
employees and 1t should care for all of
them properly in return. Congress should
adopt legislation providing limited but
definite compensation for accidents to all
workmen within the scope of the federal
power. including employees of navy yards
and arsenals. In other words, a model
employers liability act. far-reaching and
thoroughgoing. should be enacted which
should apply to all positions. public and
private, over which the national govern
ment has jurisdiction.
The number Of accidents to wage-wOrk-'
ers. including those that are preventable
and those that are not, has become ap-
pafling IN the mechanical. manufacturing
and transportation operations of the day.
1t works grim hardship to the ordinary
wase-worker 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 Ior
negligence. AS a matter Of fact suit
for negligence Is generally an mad aquate
remedy for the person injured, while 1t
often causes altogether disproportionate
annoyance to- the employer. The law
should be made such that the payment
for accidents by the employer would be
automatic instead of being matter for
lawsuits.
|. Workmen should receive certain and
definite compensation for all accidents in
industry irrespective of negligence. The
employer is the agent of the public and
profit he serves the public. 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 as
sumed, as it ought to be, by the general
public Only in this WY can the shock
OF the accident be diffused, instead of
railing upon the man or woman least able
to bear 1t, as is now the case. -
Ahe community at large should share
the burdens as we'll as the benefits of in
dustry. By the proposed law, employers
would gain a desirable certainty of Obli-
cation and get rid of litigation to deter
mine 1t, while the workman and his fam
lily would be relieved from a crushing
load. With such policy would come in
creased care. and accidents would be re-
duced in number. The national laws pro-
viding for employers liability on rail-
roads engaged in interstate commerce and
for safety appliances, as well as for di-
minishing the hours any employee of a
railroad should be permitted to work,
should all be strengthened wherever in
actual practice they have shown weak
ness: they should be kept on the statute
books In thOroughgoing form.
The constitutionality Of the employers
liability act passed by the preceding Con-
gress has been carried before the coul ts
In two jurisdictions the law has been
declared unconstitutional. and in three
jurisdictions its constitutionality has been
affirmed. The question has been carried
to the Supreme Court. the case has been
heard by that tribunal. and a decision
is expected at an early date In the
event that the court should affirm the
constitutionality of the act. urge further
legislation along the lines advocated in
ny message to the preceding Congress.
The practice of putting the entire bur-
len of loss to life or limb upon the VIC
tim or the victims family is a form
If social injustice in which the United
states stands in unenviable prominence.
In both our federal and our state legis-.
!ation: We have, with few exceptions.
scarcely gone farther than the repeal of
the fellow-sesvant principle Of the old
law Of liability. and in some of our
states even this slight modification of
completely. outgrown principle has not
yet been secured. The legislation of the
rest Of the Industrial world stands out
n striking contrast to our backwardness
in this respect. Since 1898 practically
every country of Europe, together with
Great Britain. New Zealand. Australia
British Columbia and the Cape of Good
Hope, has enacted legislation embody-
ing in one form or another the complete
recognition Of the principle which places
upon the employer the entire trade risk
in the various lines Of industry. I urge
upon the Congress the enactment of a law
which will at the same time bring fed
eral 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 and Strikes.
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 unquestionabIy with
in the powers of the Congress. The
principle 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 eight-hour day should be the goal
toward which we should steadily tend;
and the government should set the ex-
ample in this respect. - So
Strikes and lockouts. with their. at.
tepdant less and suffering. continue to,
increase. For the five years ending De-
cemberr 81. 1885, the humber of strikes