The labor world., 1908-06-20
Laws Sho]ld Provide De&nite
Compensation for all Injuries
Of Ordinary Employment.
RISK AS WELL AS LABOR
SHOUT b BE PRov1DEl, E,is!o RoR
Wide Abuses Have Grown %
Under the Old Anticipated
I Law of Negligence.

mite, and fixed compensation, though
Justly limited in amount, for all inju"
ries in the ordinary course Of employ
ment which are not caused by the act
or default Of the injured. The won
derful growth Of our industries, made
possible by reason not only of the in
ventive genius Of our people, but the
widening fields and rapidly increasing
knowledge of our natural resources and
the more practical utilization of ths
forces Of steam, gas, and the scientific
application of the power Of electricity,
have brought not only untold blessings
and great prosperity and natural
growth, but also bring responsibilities
that we are but now beginning to
realize.
Transition of Forces.
In the transition from petty industry
to manufacturing ON large scale; in
the use of those dangerous elementary
forces of steam. gas, and electricity; in
the use of new, complicated machinery
have arisen dangers to the safety Of
life and limb Of the workers hitherto
unknown.
The accidents which have gone hand
in hand with this splendid development
are appalling, and 1t becomes the i'm
mediate duty for progress, to work for
a solution of the problem, and to en-
deavor to prevent the widespread suf
fering and financial hardship which
<@1
those workers without whom this de-
velopment would be impossible, but
also their families, their children, and
the older members of their families
who in their failing years have become
dependent upon them for support.
Tendency Of Legislation.
The law relating to the liability Of
common carriers by railroad just rre=
enacted In constitutional form by con-
gress follows the present tendency Of
legislation throughout the country.
That tendency has been to increase the
number of accidents compensated by
increasing the number Of employees,
for whose negligent acts the employer
is to be held responsible in suits under
the negligence law, and by changing
the burden of proof in those suits from
the shoulders Of the employee to the
employer.
Present Systems Drawbacks.
The expansion to its utmost limit Of
the negligence law, however. whilo
affording some measure Of relief by
compensating more employees than
are compensated today, could never
justly meet the requirements and sat-
isfy the needs of employees, while II
is often In practice most unjust to
law, are at any moment subject to a
verdict rendered against them solely
as result Of ignorance or prejudice
or even vindictiveness on the part OF
a jury for the negligent act Of an
other employee over which act they
had no control whatever, and on the
amount of which verdict the law puts
no limit, some verdicts going as high
as $4,000, while others rendered are
totally inadequate. The obvious draw
back to employees Is that under such
a system the very great number OF
accidents which are traceable to nc
negligence remain entirely uncompen-
sated; that II any compensation is
obtained, it is generally obtained
through litigation; and owing to the
uncertainty inherent in all litigation
when he most needs it, an injured
employee has no assurance that he
will receive any compensation; and at
a time when he is unable to earn
wages for his family he has to walt,
without any means Of support, for his
case to be reached (often for several
years, on the court docket. It is
very little consolation to man seri-
ously or permanently injured by an
accident, who is denied redress for II
and whose family has to be supported
by the charity Of the community, to
be told that another workman has re-
ceived very large verdict
The Greatest Drawback.
The greate~sdrawback to both en-
ployers and .workmen lies in the un-
certainty of their position when an
accident happens, in that respective
rights and obligations are a matter ot
opinion, and not. g. predetermined
fact; and wide abuses have grown uu
around the workings of the neeli-
gence law in consequences; great
class Of personal-injury lawyers have
\ grown up who are supported by it;
negligence suits crowd the court
dockets; employers are forced into
the position Of fighting their injured
employees at time when humane
Instincts would make them most de-
81 rous Of helping them, in order to de-
fand themselves from being mulcted
III heavy damages. =" :
New System Demanded.
The machinery, therefore, for the
diFribution Of any amounts Of com
peAsation that ultimately reach the
Injured employees Is enormously sex.
perfiye; no adequate system Of CO.