The Washington herald., 1908-02-01

plOyeS injured IN the service oL
the government and calling the at
tention of the legislators TO various
other reforms planned by the administra-
ton. took up the cudgel for the working
classes. saying that disregard Of the de-
mands Of the workingmen viii lead TO an
irresistible pressure from the masses for
relief from WRONGS.
The message also deals with the Sher-
man antitrust law, which, the President
says. should be modified. He declares for
Federal supervision of interstate corpora
tions. Ia strong English, he defends his
course in dealing with the corporation
problem, and tells of efforts of corrupt
wealth TO undermine and discredit his
policies. The message is as follows:
To the Senate and House of Representa-
tives
The recent decision of the Supreme
Court in regard to the employers liabil-
ity act the experience of the Interstate
Commerce commission and of the De
paTtment of Justice i'm enforcing the in-
teTstate commerce and antitrust laws.
and the gravely significant attitude to-
ward the law and its administration re-
Gently adopted by certain heads of great
corporations, render it desirable that
there should be additional legislation 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 em-
ployeS eng ged IN iutrastate commerce.
BY substantial ma jOrity the court holds
that the Congress has power To deal with
the question in so far as interstate com
merce is concerned.
AS regards the employers liability law,
/ advocate its immediate re-enactment
limiting its scope So that IL shall apply
only to the class of cases as 90 which
the court says il can constituuouailt
apply, but strengthening its provisions
within this scope. Interstate employ
ment being thus covered by an adequate
national law. the field of intrdstate en-
ployment VIII be left 10 the action of the
several States With this clear defini-
tion of responsibility the States will Un-
doubtedly give 10 the performance of
their duty within their field the cunsId-
GRAFTON the Importance of the subject de-
mauds.
Injury in Public Service.
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 y0UnE chill
dren. This is an outrage 1t is "a matter
of humiliation 10 the nation that there
should not be ON our statute books pro-
vision 10 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 Industrial country I'm the world
could such gross injustice occur for al
most all civilized nations have enacted
legislation embodying the complete rec
ognitiou of the principle which places
the entire trade risk for Industrial accI-
dents excluding, of course, accidents due
10 WIlltul misconduct by the employee on
the industry as represented by the em-
plONer, which IN this case Is the govern
meut. I'm all these countries the prin-
ciple applies to the government just as
much as To the private employer. Under
no circumstances should the injured en-
ploye or his surviving dependents be re-
QulTed 20 bring suit against the govern
ment nor should there be the require
ment that in order to insure recovery
negligence in some form ON the part of
the government should DE shown. Our
proposition is not To confer a right of
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 govern
meut Exactly as the WGTkingman is en-
titled to his wages. so he should be en-
titled to indemnity for the injuries sus-
tanned in the natural course of his labor
The rates of compensation and the regU-
lattons for its payment should be speci-
fed in the law, and the machinery for de-
H FF
in each case DE provided I'm such manner
that the emplOye is properly represented
without expense TO him I'm other words
the compensation should be paid auto
matically while the application OF the
law in the first instance should be vest
ed In the Department of Commerce and
Labor The law should apply 20 all Ia
borers, mechanics and other civilian en-
ployes OF the government Of the United
States, Including those i'm the service O1
the Panama Canal Commission and OF
the insul5r governments.
Obligation Upon Employers.
The same broad principle which should
apply To the government should ultimate
~ be made applicable to all private EN-.
plOyeTs. Where the nation has the power
1t should enact laws TO this effect Wher,
the States alone have the power they
should enact the laws Ii is 10 be OBJ
served that an employers liability Law
does not really mean mulcting employers
IN damages. It merely throws upon the
employer the burden of accident iusUr
ance against injuries which are sure tt
occur. 1t requires him either TO bear o
10 distribute through insurance the loss
which can readily be borne when dis
tributedi but which, if undistributed
bears with friEhtful hardship upon tn,
unfortunate victim OF accident Tn the
Ory, If wages were always freely anC
fairly adjusted, they would always in
Clude an allowance as against the TiSl
OF injury. just aS certainly as the rat,
OF interest tOT money includes an allow
auce for insurance AGAINST the risk o.
loss. In theory. If employees were all ok
perienced business men. they would EN-
plOy that part of their wages which il
received because of the risk of injury I,
secure accident insurance But as q mat
ter of fact, 1t is not practical To eXpec
that this Will be done by the great bod
Of employees. An employers liabilitl
law makes it certain that it viii be done
IN effect, by the employer, and it vii
ultimately. impose no real additional bur
den upon him.
There is d special bill to which I cal
your attention. Secretary Taft has ar
gently recommended the immediate pas
sage of law providing for compensation
10 employees of the government inlure
I'm the work OF the lsthmian Canal, AM
that 100000 be appropriated for this puT
pose each year. 1 earnestly hope this vii
be done: and that a special bill be pasSe
covering the case of Yardmaster Ban
ton, who was injured nearly two year
ago while doing his duty. He is nov
helpless 10 support his wife and his thTe
little boys.
/ again call your attention 10 the nee
Of some action in connection with IN
abuse Of injunCtiOus In labor cases. a
regards the rights and wrongs of labo
and capital, from bldCkiistng 10 boy
cotting the whole subject is covered il
admirable fashion by the report of IN
Anthracite Coal Strike Commission
which report should serve as a chart 10
the guidance of both legislative and eX
eCutiVe officers. As regards Injunction,
! can do little but repeat what ] hav