Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1908-02-01
To the Senate and House of Repre-
SentatiVeS.

To the Senate and House of Repre-
sentatiVes;
The recent decision Of the supreme
court in regard to the employers La
bility act, the experience 1f the inter
state commerce commission and of
the department of justice in enforcing
the interstate commerce and anti
trust laws, and the gravely signfi-
cant attitude toward the law and .tS
administration recently adopted by
certain heads of great corporations,
render it desirable that there should
be additional legislation as regards
certain of the relations between labor
and capital, and between the great
corporations and the public.
Urges Employers Liability Law
The supreme court has decided the
employers liability law to be uncon-
stitutional because its terms apply to
employers engaged wholly in intrastate
commerce as well as to employers 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 inter
state commerce is concerned.
As regards the employers liability
law, | advocate its immediate re-en-
actment, limiting it's scope so that it
shah apply only to the class of cases
as to which the court says it can con-
stitutionally apply, but strengthening
its provisions within this scope. In
terstate employment being thus coy
cred 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
bllity the states will undoubtedly give
to the performance of their duty with
in their field the consideration the
importance of the subject demands.
Nation Should Protect It's WOrLlmcn.
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 employ
ment of the government has no rem
edy, and the entire burden Of the aC-
cident falls on the helpless man. his
wife, and his young children Tf.8 is
an outrage. 1t is a matter of hur LA
ton to the nation 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 serving the public. In
no other prominent Industrial country
in the world could such gross injus-
tice occur; for almost all civilized ma
'uons have enacted legislation embody-
ing the complete recognition Of the
ri ,t,>1, nj 20 dc
risk for industrial accidents (exclud-
ing, Of course, accidents due to Willtul
misconduct by the employee on the
industry as represented by the en-
plOyer. which in this case is the gov
ernment In all these countries the
principle applies to the government
lust as much as to the private employ
er, Under no circumstances should
the injured employe or his surviving
dependents be required to bring suit
against the government, nor should
there be the requirement that in or
der to insure recovery negligence in
some form on the part of the govern
ment should be shown Our PROPOSE
ton 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 gov
eminent. Exactly as the workingman
Is entitled to his wages, so he should
be entitled to indemnity for the in
iuries sustained in the natural course
OF his labor. The rates Of compensa-
ton and the regulations for its pay
ment should be 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 employe is properly represented
without expense to him. In other
words, the compensation 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