The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-03-08
The WEEKLY JOURNAL OUTSIDE OF PENSACOLA

getting the case to the jury IL it is
true that the jury favors the working
man. it is equally true that the judge
favors the cor poration, and it is the
Judge that can keep the case from
going TO the jury by non-suit.
In addition TO these features of the
law itself, which rT1dIly favor the en-
ployer, it must be recognized that in
the actual working out of Ire course
of justice in these master and ser
want cases, there are further essential
inequalities. First, there is the long
delay in bringing the case to trial,
whi1h means bread and butter 10 the
employee, and a mere postponement
of annoyance to the employer Again,
there Is the matter of obtaining wit
nesses. The plaintiffs witnesses must
almost always be his foremen and fell
low-workmen-emplo of the same
company In short, it is OF the econ
omic interest of, the witnesses neceS-
sary to prove the plaintiffs case to
stand by the defendant, their en-
plOyer
Almost every element of unfairness
in this law arises, | think, from the
same misoonception, i. e., that the two
parties are on an equal footing. In the
eyes of the law, every working man
from the plain American locomotive
engineer with strong union back OF
him, to the newly-landed "Hunkie,
tongue-tied and bewildered, is on an
equal footing with the United States
Steel Corporation This, it must be
admitted, is a purely theoretical equal
ity In the contract of hire, the law
assumes that the workman is as free
to adopt or refuse job as the corpo-
ration is to take him or drop him. In
the matter of the release, the law as
sumes that the stricken and terrified
widow of an ignorant laboring man is
in a position of equal understanding
and enlightenment as to the respective
interests OF the parties as is the hard
ened claim agent employed by the
corporation. And with regard TO the
burden of proof, the Law assumes that
the common laborer can just as easily
obtain witnesses TO swear to his en-
ployer's negligence as his employer
can obtains witnesses to swear TO his
(the plaintiff's) contributory negll-
gence. "All persons are equal be-
fore the law" and the corporation
with all its masterfully concentrated
power, is but person" The law IS
behind-hand and the lawmakers have
been stupid and blind; their minds
have been so long accustomed to old
ideas of theoretical equality and free
dom of contract that they have not
become aware of modern conditions.
Make 1t Fit Today's Needs
We must turn them from abstract
theories and endeayor TO make our
employers liability law fit industry as
carried on otday. With this new point
of view, there are twoekways of going
at il. We can build DIP the law as 1t
stands by statute-taking away, one by
one, the unjustifiable defenSes which
now protect the employer. This
would be but. a continuation OF a
course already begun in almost every
state in the Union. The effect of
most of the employers liability stat1
utes, so far, has been to limit the
operation of the fellow-servant rule.
Some states have abolished it with re-
gard to railroads, some, like PennSyl-
Vania, have taken those in authority
out of the class of fellow-servants.
One state, Colorado. had abolished the
rule altogether Another group OF
statutes has made inroads upon the
assumption of risk rule" denying its
operation where injury has resulted
from the violation of a statute. A few
states have weakened the "contrtbu-
tory negligence" defense, by introduc-
ing a principle of comparative neg
ligence' in awarding damages. Thus
we should find in some state d pre-
cedent for strengthening the employ
ers liability along almost every line,
and 1t is not unreasonable 10 hope that
a thOrOughgOing reform OF the law can
be accomplished in this way.
The other way is to depart alto
gether from the theory of liability for
negligence; to take the whole matter
ont of the courts; to require each en-
ployer to compensate his employees in
jured in the course of their work ac-
cording to an established uniform rate,
regardless of negligence (eN2ept where
the accident resulted from the wilful
misconduct of the injured mani. This
plan, which is what Roosevelt adYo-
Gates, has been on operation in Eng
land since 1897. and has been adopted
in some form in nearly all the coun-
tries of western Europe. 1t is based on
the principle that each industry
should bear its own coSts-in human
life as we'll as in wear and tear on
machinery. And it is further argued
that the employers would insure
against this risk and would include
this insurance in the cost of produc-
ton, so that ultimately the burden OF
each accident would be distributed
among the whole DOdy or consumers
instead of falling, as it usually does
now, on the individual worker and his
family
This second plan involves a tunda-
mental departure fro:n our present
employers liability Law. But because
it is reasonable, and because it offers
a just. and from the point of view of
society, an economical, method of dis
tributing these great vital losses o.
industry, it has won ardent supporters
among both employers and employees.
WORMOLOGY
should be studied by every parent II
your child is nervous. fretful, starts in
its sleep, is pasty faced. has rings I'M
der its eyes, always seems hungry,
is not gaining weight. you can be sure
the trouble is worms Whites Cream
Vermifuge is an absolute cure for
worms. Is its own pufgative.
Sold and recomm snded by w A
D'Alemberte, Druggist and Apothe-
cary, 121 South Palafox street. Pensa-
cola. Fla.
Tetley's Teas served free.
Call and try a cup. VIM.
Johnson & Son, the Big