The Ely miner., 1908-02-07
PRESIDENT URGES
NEW LEGISLATION
IN HOT MESSAGE
BIG CORPORATIONS SCORED BE-
CAUSE OF ATTITUDE TO.
WARD GOVERNMENT.
EMPLOYERS LIABILITY LAW
Chief Executive Declares Act Needs
Immediate Revision-Righting
of Injunction Abuses Is
Urged.

To the Senate and House of Represen-
tatives: The recent decision of the su-
preme court in regard to the employers
state Commerce Commission and of the
department of justice in, enforcing the in
and the gravely significant @ % 20 attitude tmI.
toward the law and its administration
recently adopted by certain heads of
that there should be additional iegislae I
ton as regards certain of the relations
between labor and capital, and between
the grss2t corporations and the public.
The supreme court has decided the en-
ployers' liability law to be unconstitu-
uonal because its terms apply to en-
ployes engaged wholly in intrastate COM
interstate commerce. BY a substantial
majority the court holds that the con-
gress mas power to deal with the ques-
ton in so far as interstate commerce
is concerned.
AS regards the employers liability law,
I 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,
this scope. Interstate employment being
law, the field of intrastate employment
will 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
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
ernment 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. 1t 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 hsu when when it :, comes upon upon
faithfully serving the public. In no 9TH
er prominent Industrial country In the
world could such gross injustice occur;
acted legislation embodying the complete
recognition of the principle which places
the entire trade risk for industrial acci-
dents Excluding, of course, accidents
due to willful misconduct by the en-
ploye), on the industry as represented
by by the employer, which In nth this case e. is
the principle applies to the government
just as much as to the private employer.
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
but to secure him suitable provision
against injuries received in the course
of his employment. The burden of the
government Exactly as the workingman
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 it's payment should be speci-
fed in the law, and the machinery for
determining the amount to be paid should
in each case be provided in such manner
that the employe is properly represented
without expense to him. In other words,
matically, while the application of the
law in the first instance should be vested
in the department of commerce and labor.
The law should apply to all laborers, me-
chsnics. 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 should apply apply .0, to , the government
enact laws to this effect Where the
states alone. have the power they. should
enact the laws. 1t is to be observed
that an employers liability law does not
really mean mulcting employers in dam
ages: It merely throws upon the em-
against injuries which are sure to occur.
IT requires him either to bear or to dis
can readily be borne when distributed.
but which. if undistributed, bears with
frightful hardship upon the unfortunate
were vnere always % s' freely and fairly ADJUSTED,
they would always include an allowance
as against the risk Of injury, just as
an ie fer rsa
against the risk of loss. In theory If
employees were all experienced business
their their wages which is received because of
the risk of injury to secure accident
insurance. But as matter of fact, it
be done by the great body of employees.
An employers liability law makes it
certain that it will be done, in effect.
by the employer. and it will ultimately
him.
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 100000 be appropriated for this pur-
nose each year earnestly hope this will
be done; and that special bill be passed
tine Gase Gr nearr Wo Years ago
while doing his duty. He is now help
less to support his wife and his three
little boys.
Action Urged to Right
Abuses of the injunction
again call your attention to the need
of some action in connection with the
abuse of injunctions in labor cases. AS
regards the rights and wrongs of labor
and capital, from blacklisting to boycott
ting. the whole subject is covered in ad-
mirabie fashion by the report of the
Anthracite Coal Strike commission,
which report should serve as chart for
the guidance of both legislative and exec
utive officers AS regards intunctions,
can do little but repeat what 1 have said
in nv last message to the congress. Even
though it were possible, | should con-
slider it most unwise to abolish the use
of the process of injunction. 1t is neces-
sary in order that the courts may main
tain their own dignity and in order that
thev may in effective manner check
disorder and violence. The judge who
usex it cautiously and conservatively, but
who when the need arises, uses it fear
lesslv. confers the greatest service upon
our people, and his preeminent useful
ness as a public servant should be hearth
&, Rllt there is no question