Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1908-02-01
SPECIAL MESSAGE SENT
President Transmits to the Ma
tons Lawmakers
NUMBER OF SUGGESTIONS.
of the Employers Liability
Act, Modification of Injunction, More
Effective Control of Public Carriers
and Other Recommendations.

sent in to the senate and house Presi.
dent Roosevelt deals with the recent
decision of the United States supreme
court in regard to the employees liza
bility act He says:
1.-The experience of the interstate
! commerce commission and of the de-
partment of justice in enforcing the
interstate commerce and antitrust
laws, and the gravely significant at
titude toward the law and its admins
tration recently adopted by certain
heads of great corporations, render 1T
tional legislation as regards certain of
the relations between labor and CAPT
tai, and between the great corpora
tons and the public.
1.-THE supreme court has decided the
employers liability law to be uncon-
stitutional because its terms apply to
employees engaged wholly in intrastate
commerce as well as to employees en-
gagged in interstate commerce. BY a
substantial majority the court holds
that the congress has power to deal
with the question in so far as inter
state commerce is concerned.
AS regards the employers liability
law, | advocate its immediate reenact-
ment, limiting its scope so that it shall
apply only to the class of cases as to
which the court says it can constitu-
tionally apply, but strengthening its
provisions within this scope. Inter
state employment being thus covered
by an adequate national law, the field
of intrastate employment will be left
to the action of the several states.
With this clear definition of RESPONSE
bility the states will undoubtedly give
to the performance of their duty with
in their field the consideration the
consideration the Importance of the
subject demands.
Il also very urgently advise that a
comprehensive act be passed provid-
ing for compensation by the govern
ment to all employees injured in the
government service. Under the pres
ent law an injured workman in the
employment of the government has
no remedy, and the entire burden Of
the accident falls on the helpless man,
his wife, and his young children. This
is an outrage. 1t is a matter of hui
initiation to the nation that there
should not be on our statute books
provision 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 other prominent indus
trial country in the world could such
gross injustice occur; for almost all
civilized nations have enacted legisla-
ton embodying the complete recog-
milton of the principle which places
the entire trade risk for industrial ac-
cidents (eXcluding, of course, acci"
dents due to willful misconduct by the
employe) on the industry as repre-
scented by the employer, which in this
case is the government. In all these
countries the principle applies to the
government just as much as TO the
private employer. Under no circum-
stances should the injured employe or
his surviving dep endents be required
to bring suit against the government,
nor should there be the requirement
that in order to insure recovery negli-
gence 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 employe,
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 government. Exactly as the work
ingman is entitled to his wages, so he
should be entitled to indemnity for the
injuries sustained in the natural
course of his labor The rates OF
compensation and the regulations for
its payment should be specified in the
law, and the machinery for determin-
ing the amount to be paid should in
each case be provided in such manner
that the employee is properly repre-
scented without expense to him. In
other words. the compensation should
be paid automatically, while the appli-
cation of the law in the first instance
should be vested in the department
of commerce and labor. The law should
apply to all laborers, mechanics, and
other civilian employees of the govern
ment of the United States. including
those in the service of the Panama
canal commission and of their insular
governments.
1.-THE same broad principle which
should apply to the government should
ultimately be made applicable to all
private employers. Where the nation
4 To- =,
this effect. Where the states alone
have the power they should enact the
laws.
There is a special bill to which !
call your attention. Secretary Taft
has urgently recommended the imme-
date passage of law providing for
compensation to employees Of the gov
eminent injured in the work of the
isthmian canal, and that 100000 be
appropriated for this purpose each
wear. I earnestly hope this will be
done, and that a special bill be passed
covering the case of Yardmaster Ban.
ton, who was injured nearly two years
ago while doing his duty. He is now
helpless to support his wife and his
three little boys.
81 again call your attention to the
need of some action in connection
with this abuse of injunctions in labor
cases. AS regards the rights and
wrongs of labor and capital, from
to boycotting, the whole
subject is covered in admirable fash
on by the report of the anthracite coal
which report should serve
Is a chart for the guidance OF both