The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-02-04

act the laws. Il is to pc observer
that an employers liability law doss
not really mean mulcting the employ
ers in damages. 1t merely throws up
on the employer the burden Of acci
dent insurance against injuries which
are sure to occur. Il requires hin
either to. bear OF to distribute through
insurance the loss which can readil,
be born when distributed, hut which
II undistributed, bears with fnghtfu
hardship upon the unfortunate victim
Of accident. In theory, II wages wert
always freely and fairly adjusted
they would always include an allow
ance as against the risk Of injury. JUS
as certainly as the rate Of interest fol
none Includes an allowance To-
insurance against the risk Of loss
- EIE@M L+mETE EHysTl .FTs NH
In theory, II employees were all expert
enced business men, they would en-
ploy that part 81 .their wages which IL
received because Of the risk Of injury
to secure accident insurance. As 9
matter OF fact, it Is not practical to ex
pect that this will be done by thu
great body Of employees. Employers
liability law makes It certain that II
will be done, IN effect, by the employ
er, and 1t will ultimately impose nc
real additional burden on him.
Recommends Paying injured Man.
There is a special bill to which ]
call your attention. Secretary Taft has
urged the immediate passage Of q law
providing for compensation to EN-
ployes OF the government injured in
the work of irrigation canals and that
$10O,0 900 be appropriated for this pur
pose each year.
/ earnestly hope this will be done
and that a special bill be passed cover.
ing the cost. The case Of Yardmaster
Banton, who was injured nearly two
years ago while doing his duty is one
in point. He IS now helpless to sup
port his wife and his three little boys.
Rights Of Labor and Capital.
EAEH. -ma- 4EtFHrgM t-fTEaEE "Ig4EHr NYa
l again call your attention to the
need Of some action in connection with
abuses INDUCED in in labor troubles.
AS regards the rights and wrongs OF
labor and capital, from btacklisting to
the whole subject is GOV
cred in admirable fashion in the re-
port Of the anthracite coal strike
which report should serve as a chart
for the guidance Of both legislative
and executive offices.
Injunction Must Not Be Abolished.
As regards injunctions, 1 a do lit
tie but repeat what / have said in my
last message to congress. Even though
il were possible, ! deem 1t most I'm.
wise to abolish the use Of the process
of injunction. It is necessary in order
that courts maintain their own dignity
and in order that they may in effec.
tive manner check discord and VIC
lence. The Judge who uses 1t caut.
iously and conservatively but who,
when the need arises, uses 1t fearless
ly, confers the greatest service upon
u people and his preeminent use
fulness as a public servant should be
heartily recognized.
But therelis no question in my mind
that It has some times been used heed
lessly and unjustly, and that some OF
the in~junctions issued infict grave
and occasional irreparable wrong up
on those enjoined.
Labor Organizations Are Required.
It is all wrong to use the injunct-
ion to prevent the entirely proper and
legitimate actions of labor organiza-
lions IN their struggle for industrial
betterment, or under the guise of pro
tecting property rights unwarrantably
to invade the fundamental rights OF
the individual.
It is futile to concede, as we all do,
the right and the necessity Of organ.
lied effort on the part of wage-earners
and yet by Injunction process to for.
bid peaceable action to accomplish
the lawful object for which they are
organized and upon which their sue.
cess depends. The fact that the pun.
ishment for the violation of an injuno
ton, must, to make the order effec.
tive, necessarily be without the in.
PREVENTION of a jury make its issuance
in doubtful cases a dangerous prac.
tice, and-in itself furnishes a process
which should be surrounded with safe
guards to protect individuals against
being enjoined from expressing their
proper rights, Reasonable notice
should be given the adverse party
This matter is daily becoming o.
graver Importance and / cannot tor
urgently suggest that the congress
give careful consideration to the sub
ject. If some way Of remedying the
abuses is not found a feeling Of in