Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-02-01
) the senate and House Of Representa-.

in regard to the employers liability act,
the experience Of the interstate cfmm m iNs
tice in enforcing the Interstate commerce |
and antitrust laws, and the gravcly sig
nifcant attitude toward the law and ITS
administration recently adopted by. GER
tain heads of great corporations, render It |
desirable that there should be additional
legislation as regards certain OF the relp-
tions between labor and capital, ana De-
tween the great corporations and the pun.
lie.
EMPLOYERS LIABILITY LAW.
The supreme court has decided the, EN-.
ployers' liability law to be unconstitutional
because Its terms apply to, employees en-
gagged wholly In intrastate commerce as
we'll as to employees engaged in inter
ity the court holds that the congress has
power to deal with the question In so far
as interstate commerce is concerned
advocate its immediate reenactment, lin
iting Its scope so that 1t shall apply only
to the class of cases as to which the court
says It can constitntlonay apply apply; but put
scope. Interstate employment being thus
covered by an adequate national law, the
field of intrastate employment VIII be leIt
this clear definition of responsibility the
states will undoubtedly give. to the per-
Torrance Of their duty within their field
the consideration the importance Oh the
subject demands.
also very urgently advise that COM
prehensive act be passed providing for
e%noTes in the serv
Ice. Under the present law an Injured
workman in the employment of the gov
eminent has no remedy e,,, and the fe e hsn
less man, his wife, and his young children
This Is an outrage. 1t Is matter OF hu.
initiation to the nation that there should
not be on our statute books provision To
meet and partially to atone for cruel mis-
fortune when it comes upon man through
no fault of his own while faithfully serV-
Ing the public. In no other prominent In
dustrlal country in the world could such
gross injustice occur; for almost all CIVIL
lied nations have enacted legislation EN-
bodying the complete recognition of the
principle which places the entire trade
risk for industrial accidents excluding. OF
course, accidents due to willful misconduct
by the employe) on the industry as as,l repre- n
is 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 injured
employee or his surviving dependents be re-
auired to bring suit against the govern
ment, nor should there be the requirement
in some form on. the part Of the govern
ment should be shown. Our proposition Is
not to confer a right of action upon the
government employe. but to secure mn, MN
In the course Of his employment The Dur
den Of the trade risk should be placed up
on the government. Exactly as the work
ingman is entitled to his wages. so ne
should be entitled to indemnity, for the In:
jurles sustained In the natural course OF
his labor The rates Of compensation and
specified in the law. and the, machinery for
determining the amount to be paid should
in each case be provided in such manner
that the empoye is properly t rSeprese ards
i t Wv While the application Of the law il
the first instance should be vested in the the
department of commerce and labor. The
law should apply to all laborers mechan
les, and other civilian employees OF fht
government Of the United States. lncludint
those in the service Of the Panama cana
commission and Of the nsular govern
The same broad principle which ,. sho !,
" be made applicable to all private EN-
er. should enact laws to this lis erect erect
they should enact the laws: It Is to b.
observed that an employers liability lav
does not really mean mulcting employer
employer the burden Of accident insuranc
against injuries which are sure to occur
It requires him either to bear or to dls
tribute through be the
but which, If undistributed, bears wit
frightful hardship upon the unfertunat
victim Of accident Dent In ferv
they would always include an ALLOWANCE
as against the risk Of injury, Just as cel
tainly the rate Of interest for rsn none
against the risk of loss. In theory II en-
ployes were all experienced business mer
they would employ that part OF - th th
risk Of injury to secure accident insuranc.
But as a matter Of fact. 1t is not practice
to expect that this, will be done 6y tn
liability law makes 1t certain that 1t wi
be done. in effect. by the employer. an
it will ultimately impose no real additiont
There is special bill to which I ca
your attention Secretary Taft has
gently recommended the immediate pas
Of lay tpn nor in mred in tt
work of the Isthmian canal, and thu
100000 be appropriated for this This p pri5
done. and that a sneclal bill be passed co
ering the case of Yardmaster Banton. vi
was injured nearly two years ago whi
doing his duty He Is now. nell, helpless es.,
INJUNCTIONs IN LABOR MATTERS.
| again call your attention to the need
some action in connection with the abu
of iniunctons in labor cases As regar
the rights and wrongs of labor and ca!
tai, from blacklsting to borcotting, II
whole subject is covered in admiral 1,, ic n
Coal strike commission. which repo
should serve as chart for the guidance
both leg slative and executive officers
regards ininnctions. l can do little but !
neat what have said in my last MESA
to the congress. Even though 1t We're p,
! shle should consider it most unwi
to abolish the use Of the process
injunction 1t is necessary in order tn
4 the courts may maintain their own digni
V and in order that they may in effecti
N manner check disorder and violence. t
i,idge who uses IT cautiously and conser
a atlvelyv, but who. when the need nee, ari 5,
service upon our people. and his preem
s ent usefulness as public servant shot
be heartily recognized But there Is
question in my mind mat 1t has sometim
& been used heedlessy and uniustly. a
| that some of the iniunctions issued inf
grave and occasionally irreparable -wro
unan those enioned,
i \