The Barre daily times. (Barre, Vt.) 1897-1959, 1908-01-31
EMPLOYERS
LIABILITY
President Roosevelt Urges a
New Law
TO TAKE PLACE OF OLD
He Takes the Occasion to Defend War
on Predatory Wealth and Denies
Administration Was Respon-
sibIe for the Panic.

Washington, d. G., Jan. 81. President
Roosevelt to-day delivered special mes
sage to Congress, in which he urges the
enaction Of law to supersede the en-
ployers' liability law, which was declared
unconstitutional, insofar as it relates
wholly to intrastate commerce He also
refers pointedly to the recent financial
panic and denies that the actions Of
the administration have brought it
about. The message Is AZ followsi
TO the Senate and House Of Repre-
sentatiyes:
The recent decision OF the supreme
court in regard to the employers La
bllity act, the experience Of the inter-
state commerce commission and of the
department Of justice In enforcing the
interstate commerce and antitrust
laws and the gravely significant attl-
tude toward the law and its admins
tration recently adopted by certain
heads OF great corporations render 1t
desirable that there should be addi-
tional legislation as regards certain OF
the relations between labor and capi-
tai and between the great corporations
and the public.
The supreme court has decided the
employers liability law to be unconsti-
tutional because its terms apply to
employees engaged wholly in intra-
state commerce as well as TO employ
ees engaged in interstate commerce.
BY a substantial majority the court
holds that the congress has power
to deal with the question in 50 far as
interstate commerce ID concerned.
AS regards the employers liability
law. advocate its 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-
tionalIy 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 i'm
portance Of the subject demands.
Compensation For Injured Employees.
also very urgently advise that a
comprehensive act be passed providing
for compensation by the government to
all employees injured III the govern
ment service Under the present law
an injured workman in the employ
ment 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 humiliation to the ma
tion that there should not be on our
statute books provision to meet and
partially to atone for cruel misfortune
when it 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 leg
fslation einbodying the complete recog- /
milton of the principle which places the
entire trade risk for industrial acci-
dents. excluding, of course, accidents /
due to willful misconduct by the em-
pIoyee, on the industry as represented /
hy the employer, which in this case is
the government. In all these countries I
the principle applies to the government /
lust as much MS to the private em- /
ployer. Under no circumstances should (
the injured employee or his surviving /
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 10 confer right Of action upon
the government employee. but to Sc
cure him suitable provision against in
fnries received in the course Of his
The burden Of the trade
risk should be placed upon the govern
ment Exactly as the worlzlngman is
entitled to his wages so he should be
entitled to indemnity for the injuries
sustained in the natural course Of his
Iabor The rates of compensation and
the regulations for its payment should
be specified in the law, and the ma
ehinerv for determining the amount to
be paid should in each case be provid-
"a IN such manner that the employee
4 properly represented without ex-
fronf;n,,ed ON third Darpl