Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1908-02-06
PRESIDENT URGES
new LEGISLATION
IN HOT MESSAGE
ZIG CORPORATIONS SCORED BE-
CAUSE OF ATTITUDE TO-
WARD GOVERNMENT.
EMPLOYERS LIABILITY LAW
Chief Executive Declares Act Needs
immediate acknowledging
Of Injunction Abuses Is
Urged.

To the Senate and House OF Represen.
tatives: The recent decision of the SUI
prente court in regard to the employers
state Commerce Commission and of the
department of justice in enforcing the in
terstate commerce and antitrust laws,
and the grayely significant attitude
toward the law and It's administration
recently adopted by certain heads of
great corporations, render IL desirable
ton as regards certain of the relations
between labor and capital, and between
the great corporations and the public.
The supreme court has decided the en-
ployers' liability law to be unconstitu-
tional because its terms apply to en-
ployes engaged wholly in ntrastate COM
merce as well as to employees engaged in
interstate commerce. BY a substantial
majority the court holds that the con-
gress has power to deal with the ques-
tion in so far as interstate commerce
AS regards the employers liability law,
! advocate it's immediate reenactment,
limiting its scope so that 1t shall apply
only to the class of cases as to which the
court says 1t can constitutionally apply,
but strengthening its provisions within
this scope Interstate employment being
laws the field Of i mt teSsI e9pfoy@ent
viii be left to the action OF the several
states. With this clear definition of
responsibility the states will undoubtedly
give to the performance of their duty
within their field the consideration the
Importance of the subject demands.
Compensation for Employees
Hurt In Government Service
I also very urgently advise that a COM
prehensive act be passed providing for
compensation by the government to all
employees injured in the government ser
vice. Under the present law an injured
workman in the employment of the gov
eminent has no remedy, and the entire
burden of the accident falls on the help
less man, his wife, and his young chill
dren. This is an outrage. It is a matter
of humiliation to the nation that there
should not be on our statute books pro-
vision to meet and partially to atone for
cruel misfortune when it comes upon
a man through no fault of his own while
faithfully serving the public. In no 9TH
er prominent industrial country in the
world could such gross injustice occur;
for almost all civilized nations have en-
acted legislation embodying the complete
recognition of the principle which places
the entire trade risk for industrial acct
dents Excluding, OF course, aecidents
due to willful misconduct by the en-
ploye). on the industry as represented
the government In all these countries
the principle applies to the government
Just as much as to the private employer.
Under no circumstances should the in
Jured employe or his surviving depend
ents be required to bring suit against the
government. nor should there be the re-
quirement that In order to insure re-
covery negligence In some form on the
part of the government should be shown.
Our proposition is not to confer a right
Of action upon the government employee,
but to secure him suitable provision
against injuries received in the course
OF his employment The burden of the
trade risk should -, be placed upon the
Is entitled to his wages. so he should be
entitled to indemnity for the injuries sus-
tanned in the natural course of his labor.
The rates of compensation and the regu-
lations for its payment should be speci-
fed In the law, and the machinery for
determining the amount to be paid should
I'm each case be provided in such manner
that the employe is properly represented
without expense to him. In other words,
the compensation should be paid auto
law in the first instance should be vested
IN the department of commerce and labor.
The law should apply to all laborers, me-
chanics. and other civilian employees OF
the government OF the United States,
including those in the service OF the
Panama canal commission and of the in
sular governments.
The, same broad principle which
should ultimately be made appii-
cable to all private employers Where
enact laws to this effect Where the
states alone have the power they should
enact the laws. IT is to be observed
that an employers. liability law does not
really mean mulcting employers in dam
ages. II merely throws upon the en-
ployer the burden Of accident insurance
1t requires him either to bear or to dis
tribute through insurance the loss which
can readily be borne when distributed.
but which, If undistributed, bears with
frightful hardship upon the unfortunate
victim of accident. In theory, II wages
were always freely and fairly adjusted.
they would always include an allowance
as against the risk OF injury, just as
certainly as the rate of interest for mon
ey includes an allowance for insurance
sgainst the risk Of 1ss II, theosg
men, they would employ that part of
their wages which is received because of
the risk of injury to secure accident
insurance. But as matter of fact, IL
Is not practical to expect that this will
be done by the great body of employees.
An employer liability law law makes ma eo, i
by the employer. and 1t will ultimately
impose no real additional burden upon
him.
There is a special bill to which I call
your attention. Secretary Taft has ur-
gently recommended the immediate pas
sage of a law providing for compensation
to employees of the government injured
in the work OF the Isthmian canal, and
that s1O0.0o0 be appropriated for this pur,,,
pose each year. earnestly hope this Will
be done; and that a special bill be passed
covering the case of Yardmaster Banton
who was injured nearly two years age
while doing his duty. He Is now help
less to support his wife and his three
little boys.
Actic. Urged to Right
Abuses Of the injunction
again call your attention to the neet
of some action in connection with tn
abuse OF injunctions In labor cases. Al
regards the rights and wrongs OF laoo
and capital from blacklisting to boycott
ting, the whole subject Is covered In ad
mirable fashion by the report or tn
Anthracite Coal Strike commission
which report should serve as chart 70
the guidance OF both legislative and exec
utiye officers. AS regards in1unctions,
can do little but repeat what have sal
in my last message to the congress: Eve
though II were possible. / should con
slider II most unwise to abolish the US
OF the process of Injunction; It is neces
sary in order that the courts may main
tain their own dignity and In order tina
they may in effective manner chec
disorder and violence. The judge VIII
uses n cautiously and conservatively, bu
who. when the need arises, uses 1t fear
iessly. confers the greatest service upo
our people and his preeminent usefu
meas as a public servant should be heart
iy recognized. But there Is no quesuo