River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1908-02-06
PRESIDENT URGES
NEW LEGISLATION
IN HOT MESSAGE
BIG CORPORATIONS SCORED BE-
CAUSE OF ATTITUDE TO-
WARD GOVERNMENT
EMPLOYERS LIABILITY LAW
Chief Executive Declares Act Needs
Immediate Revision-Righting
OF Injunction Abuses Is
Urged.

Urged.
To the Senate and House of Represen-
Dreme court in regard to the employers
liability act, the experience of the Inter
state Commerce Commission and of the
department Of justice in enforcing the in
terstate commerce and antitrust laws,
and the gravely significant attitude
toward the law md its administration
great corporations render It desirable
hat there should be additional legisla-
ton 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-
ployeS engaged wholly in intrastate com
merce as well as to employees engaged in
interstate commerce. BY a substantial
majority the court holds that the con-
gresS has power to deal with the ques-
ton in so far as interstate commerce
is concerned.
AS regards the employers liability law,
] advocate it's immediate reenactment,
limiting It's scope so that 1t shall apply
only to the class of cases as to which the
court says It can consttutionally apply,
but strengthening it's provisions within
this scope. Interstate 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
give 10 the performance of their duty
within their field the consideration the
Importance of the subject demands.
Compensation for Employees
Hurt in Government Service
also very urgently advise that com
prehansiye act be passed providing for
compensation by the government to all
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 young chill
dren. This is an outrage. 1t is a matter
of humiliation to the nation that there
should not be on our statute books a pro-
vision to meet and partially to atone for
cruel misfortune when it comes upon
2 man through no fault Of his own while
faithfully serving the public. In no 9TH
er prominent industrial country in the
world could such gross injustice occur
for almost all civilized nations have en-
acted legislation embodying the complete
recognition Of the principle which places
the entire trade risk for industrial acct
dents Excluding, of course. accidents
due to Willful misconduct by the en-
plOye), on the industry as represented
hY the employer, which in this case is
the government In al these countries
just as much as to the private employer.
Under no circumstances should the in
jured employe or his surviving depend
ents be required to bring suit against the
government. nor should there be the re-
guirement that in order to insure re-
covery negligence in some form on the
part of the government should be shown.
Our proposition is not to confer a right
Of action upon the government employe,
but 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
government Exactly as the WorSingman
is entitled TO his wages so he should be
entitled TO indemnity for the injuries suS-
taine1 i'm the natural course of his labor
81 Of
latiOnS for it's 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 employee is properly represented
without expense to him. In other words,
the compensation should be paid auto
matically. while the application of the
law i'm the first instance should be vested
In the department of commerce and labor
Tie law should apply to all labOrers, me-
chanics. and other civilian employees of
the government Of the United States,
Including those in the service Of the
Panama canal commission and of the in
sular governments.
The same broad principle which
should amply to the government
cable 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
enact tho laws 1t is to be observed
that an employers liability law does not
really mean mulcting employers in dam
ployer the burden of accident insurance
against injuries which are sure to occur
il requires him either to bear or to dis
tribute through insurance the loss which
can readily be borne when distributed
hut which. If undistributed. bears with
frightful hardship upon the unfortunate
victim of accident. In theory, if wages
we're always freely and fairly adjusted.
Ihey would always include an allowance
as against the risk Of. injury. just as
certainly as the rate of interest for mon
ey includes an allowance for insurance
against the risk of loss. In theory. if
employees were all experienced business
men. they would employ that part of
thoir wages which is received because of
the risk of injury to secure accident
is not practical TO expect that this will
be done by the great body of employees.
An employers liability law makes it
certain that 1t will be DONE in effect,
impose no real additional burden upon
him
YOUR attention Secretary Taft has ur-
gently recommended the immediate pas
sage Of Il law providing for compensation
to employees of the government injured
in the work OF the Isthmian canal, and
that 800. 900 be appropriated for this pur-
pose each year. earnestly hope this will
covering the case of Yardmaster Banton.
WHO was injured nearly two years ago
while doing his duty He is now help
little boys.
Action Urged to Right
Abuses of the injunction
/ again call your attention to the need
OF some action in connection with the
abuse of iniunctions in labor cases. AS
regards the rights and wrongs of labor
and capital from blacklisting to boycott
ting the whole subject is covered in adj
mirabIe fashion by the report of the
Anthracite Coal Strike commission,
which report should serve as a chart for
the guidance of both legislative and exec
utfve officers AS regards injunctions,
can do little but repeat what have said
in my last message to the congress Even
though it were possible, | should con-
slider it most unwise to abolish the use
Of the process of Injunction. 1t is neces-
sary in order that the courts may main-
tain their own dignity and in order that
they may in effective manner check
disorder and violence. The judge who
uses it cautiously and conservatively, but
who. when the need arises, uses it fear
lessly. conferS the greatest service upon
our people and his preeminent useful
ness as j public servant should be hearth
~ recognized. But there is no question