The Barre daily times. (Barre, Vt.) 1897-1959, 1908-01-31
EMPLOYERS
LIABILITY.
Continued from first page.)

'tt hhHt the application OF the
~ ~ the ilrst instance should be vest.
g q the department. Of commerce and
mpor. The law should apply to all Ia.
pofers, mechanics and other civilian
EMPLOYEES Of the government or the
tinted States, including those in the
service OF the Panama canal commits.
tlon and Of the insular governments.
laws For Private Employees Needed,
The same broad principle which
mould apply 10 the government should
ultimately be made applicable to all
private employers. Where the nation
has the power it should enact laws to
this effect. Where the states alone
have the power they should enact the
Avs 1t is to be observed that an EN-
poyers' liability law does not really
mean muleting employers In damages.
1t merely throws upon the employer
the burden Of accident Insurance against
injuries which are sure to occur. II
requires him either to bear or to dis
tribute through Insurance the loss
which can readily be borne when dis
tributed but which II undlstributed
bears with frightful hardship upon the
unfortunate victim Of accident. In
theory IL wages were always freely
and fairly adjusted they would Away,
include an allowance as against tn,
risk Of injury just as certainly as tn,
rate of interest for money includes al
allowance for insurance against til,
risk Of loss. In theory If employees
were all experienced business mel
they would employ that part of theh
wages which IS received because o.
the risk Of inju.y to secure accidem
insurance. But as a matter OF fact
it is not practical to expect that this
will be done by the great body Of EN-
ployees. An employers liability law
makes it certain that it win be done. il
effect by the employer, and it will I'll
timately impose no real additional bur
den upon him.
There is special bill to which ]
call your attention Secretary Taft
has urgently recommended the immedi
ate passage Of a law providing fol
compensation to employees OF the gov.
eminent injured in the work or the
isthmian canal and that 100000 be an.
propriated for this purpose each year
I earnestly hope this win be done ana
that a special bill be passed covering
the case Of Yardmaster Banton, who
was injured nearly two years ago
while doing bis duty. He Is now help
less to support his wife ana his three
little boys sii9
The Abuse Of lnjunctions.
! again call your attention to the
need of some action in connection with
the abuse of injunetions in labor cases.
AS regards the rights and wrongs Of
labor and capital, from blacklisting, to
boycotting, the whole subject is Gov
cred in admirable fashion by the re-
port of the anthracite coal strike COM
mission, which report should serve as
chart for the guidance Of both legls-
latire and executive officers. AS re-
CARDS injunetions, | can do little but
repeat what | have said in my last
message to the congress Even though
1t were possible / should consider it
most unwise to abolish the use Of the
process of injunction 1t Is necessary
In order that the courts may maintain
their own dignity and in order that
fhey may in effective manner check dis
order and violence The judge who
uses il cautiously and eonservatively,
but who when the need arises uses II /
fearlessly. confers the greatest service |
upon our people, and his pre-emlnent I
usefulness as a public servant should I
be heartily recognized But there is
no question in my mind that it has |
sometimes been used heedlessly and |
uniustIy and that some Of the iniunc-
tons issued infiet grave ana occasion
ally irreparable wrong upon those en-
joined
1t Is all wrong to use the Injunction I
to prevent entirely proper and legiti- I
mate actions OF labor organizations in (
their struggle for industrial betterment K
oil under the guise &c protecting proper
III rights unwarrantably TO Invade the
fundamental rights Of the individual.
1t ii futile to eoncede. Us we al do the
right and the necessity of organized ef-
fort on thepart Of wage earners and
vet bv iniunctive process to forbid \
peaceable action TO accomplish the
lawful objects for which they are or
ganized and upon which their success
aenends. The fact that the punish
ment for the violation Of an Injunction
must. to make the order effective,
be summary and without
The Intervention Of a jury makes its is
suance IN doubtful cases a dangerous
aud in itself furnishes q rea-
son why the process should be sur
rounded with safeguards to protect in
dividuals against being enjoined from
exercising their proper rights. Reason
sble notice should be given the adverse
party.
This matter IS daily becoming Of
uraver Importance. and cannot too
urgently recommend that the congress
Give careful consideration 70 the sub
Ieet If some way Of remedying the
ha,seg Il not found. the feeling Of In
signatfon against them among large
snnahers Of our citizens Will tend 70
grow 50 extreme as to produce re-
so9t AGAINST tle whole use OF the proc
49, af Injunction. The ultra conserya-
Ives Who object to cutting out the
bnses VII do well to remember that
Z the popular feeling does become
strong many Of those upon whom they
.a5s "a defend them viii be the first
...t ll,nla. Non Of nrnnarlr