The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-31
SAYS TRY AGAIN.
President Roosevelt Submits
Special Message to Congress
Urging More Law on Relations
of Labor and Capital.
IMMEDIATE PASSAGE
OF a New Employers Liability
Statute Called For.
Also Additional Antitrust and
Railroad Legislation.
REPLIES TO RIPLEY.
Accuses the Head Of the Santa
Fe Railroad
OF Making Untruthful State
ments to the Public.
REPLIES TO RIPLEY.
Accuses the Head Of the Santa
Fe Railroad
OF Making Untruthful State
ments to the Public.

Washington. January 31-President
Roosevelt has laid the following spec
ial message before the congress:
To the Senate and House of Represen-
tativeS:
The recent decision of the supreme
court in regard to the employers la
bility act, the experience of the inter-
state commerce commission and of tina
department of justice in enforcing the
interstate commerce and antitrust laws,
and the gravely significant ATTITUDE
toward the law and its administration
recently adopted by certain heads OF
great corporations, render 1t desirable
that there should be additional legiSla-
tion as regards certaiA of the relat1onS
between labor and capital, and between
the great corporations and the public
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 we'll 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 interstate
commerce is concerned.
As regards the employers liability
law, I advocate it's immediate re-enact-
ment. limiting its scope so that 1t shall
apply only to the class of cases as TO
which the court says 1t can constitu-
tionaIIy apply, but strengthening It's
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 responsibility
the states will undoubtedly give to the
performance of their duty within their
field the consideration the Importance
of the subject demands.
also very urgently advise that a
comprehensive act be passed providing
for compensation by the government
to all employees injured in the govern
ment service. Under the present 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 q matter of humiliation to the ma
ton that there should not be on our
statute books provision to meet and
partially to atone for cruel misfortune
when 1t comes upon man through no
fault of his own while faithfully serv-
ing the public. In no other prominent
Industrial country in the world could
such gross injustice occur; for almost
all civilized nations have enacted legis
lation embodying the complete recog-
milton of the principle which places the
entire trade risk for industrial accf-
dents (eXClud1nR, OF course, dCClQ6nES
due to willful misconduct by the en-
ploye) on the industry as represented
by the employer, which In this case is
the government. In all these countries
the principle applies to the government
lust as much as to the private employer.
Under no circumstances should the in
1ured employe or his surviving depend
ents be required to bring suit against
the government, nor should there be
the requirement that in order to insure
recovery negligence in some form on
the part of the government should be
shown. Our proposition is not to con-
fer a right of action upon the govern
ment empIoye, but to secure him suit
able 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 workingman is entitled to his
wages. so he should be entitled to in
demnity for the injuries sustained in
the natural course of his labor. The
rates of compensation and the regula-
tions for its 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 the compen sation 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 the insular
governments.
The same broad principle which
should apply to the government
should ultimately be made applicable
to all private employers. Where the
nation has the power it should enact
laws to this effect. Where the states
alone have the power they should en-
act the laws. 1t is to be observed that
an employers liability law does not
really mean mulcting employers in
damages 1t merely throws upon the
employer the burden of accident in
surance against injuries which are
sure to occur. 1T requires him either
to bear OF to distribute through in
surance the loss which can readily
be borne when distributed. but which
If undistributed. bears with frightful
hardship upon the unfortunate victim
of accident In theory, if wages were
always freely and fairly adjusted.
they would always include an allow
ance as against the risk of injury. lust
as certain as the rate of interest for
money includes an allowance for in
surance against the risk of loss. In
theory, If employees were all exper-
fenced business men, they would en-
play that part of their wages which
is received because of the risk of in
fury to secure accident ins11ra nce F2,,t