The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1908-02-07
PRESIDENT URGES
NEW LEGISLATION
IN HOT MESSAGE
Hlo CORPORATIONS SCORED BE.
CAUSE OF ATTITUDE TO.
WARD GOVERNMENT,
EMPLOYERS LIABILITY LAW
Chief Executive Declares Act Needs
Immediate Revision-Righting
Of Injunction Abuses lie
Urged.

OF Injunction Abuses is
Urged.
To the Senate ana f4ouse of Reoresen-
1atives. The recent decision of the SUI
preme 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 and antitrust laws,
and the gravely significant attitude
toward the, law. and its administration
recently adopted by certain h6aes of
great corporations, render 1t desirable
that there should be additional legisla-
ton as regards certain of the relations
tSe great labor aS1pd S14 S n AZ g gRs H nS{Miee"
/. the supreme court has decided the en-
ploysfs' liability law to he unconstitu-
tional BECAUSE Its terms apply to en-
inerce as well as to employees engaged in
interstate commerce. BY n substantial
majority the court holds that the con-
ton In so far as interstate commerce
Is concerned. ~-,----c
As. regards the employers liability law.
4 Advocate its immediate reenactment,
limiting its scope so that II shall apply
only to the class of cases as to which the
court says II can constitutionnlly apply.
put trengthenlng its provisions within
law, the field 81 intrasfafa 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.
Compensation for Employees
Hurt in Government Service
I also very urgently advise that a COM
prehensive act be passed providing for
compensation by the government to all
employees injured In the government SER
vice. Under the present law an injured
workman in the employment of the gov
s Snrdsn 81 mas ase no scc Temedy ya,, ana on the the entire belns
less man, his wife, and his young chill
dren. This is an outrage. 1t is a matter
Of humiliation to the nation that there
zhould not be on our statute books a pro-
srusl iasls %Ssf sea Wien RsTa'aii' Il y sseHS Upon Sss
a man through no fault of his W while
ar prominent industrial country in the
world could such gross Injustice occur;
for almost all civilized nations have eh,
recognition of the principle which places
the entire trade risk for Industrial acct
dents Excluding. of course. accidents
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
just as much as to the private employer.
Under no circumstances should the in
5ured. employee or his surviving depend
government, nor should there be the re-
Quirement 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 upo the government employe,
but to secure him suitable provision
Of his employment. The burden of the
trade risk should be placed upon the
government. Exactly as the w~orkingman
entitled to indemnity for the injuries sus-
tained In the natural course of his labor.
The rates of compensation and the regu-
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 compensation should be paid auto
matically. while the application of the
in the department of and labor.
The law should apply to all laborerS me-
chanics, and other civilian employees of
including those in the service Of the
Panama canal commission and of the in
sular governments.
should Taf ss Amply broad to tRRe sin'i Psyern Mn'sa
should ultimately be made appii-
cable to all private employers. Where
s snsct nq is%a t has this the e,I pswer w i should ,ha
states alone have the power they should
enact the laws. IT Is to be observed
t raafy an me empl %n,r,,n nae emnyoy Jaw goes 10 Sa mot
ages. 1t merely throws upon the en-
ployer the burden of accident insurance
It requires him either to bear or to dis
tribute through insurance the loss which
can readily be borne when distributed,
frightful hardship unon the unfortunate
victim Of accident. In theory, II wages
were always freely and fairly adjusted,
they 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
employees were all experienced business
men, they would employ that part of
thoir wages which Is received because of
insurance. But as a matter of fact, it
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.
by the employer, and 1t will ultimately
impose no real additional burden upon
There Is n special bill to which call
your attention. Secretary Taft has ur-
gently recommended the immediate pas
sage OF n law providing for compensation
to employees OF the government injured
In the work of the Isthmian canal. and
that 500, 900 be appropriated for this pur--
pose each year, I earnestly hope this will
be done; and that a special bill be passed
covering the case of Yardmaster Banton.
who was injured nearly two years ago
while doing his duty; He Is now now help,
little boys.
Action Urged to Right
Abuses Of the injunction
I again call your attention to the need
of some action in connection wit the
abuse of injunctions in labor cases. AS
regards the rights and wrongs of labor
and capital, from blacklIsting to boycott
ting, the whole subject u covered In adj
mirnble fashion by the report of the
Anthracite Coal Strike commission,
which report should serve as a chart for
utive officers. AS regards injunctions, I
can do little but repeat what I nave said
in my last message to the congress. Even
slider II most unwise to abolish the use
Of the process of Injunction, IT is neces-
sary In order that the courts may main
49, AkalA Axzx1a -dixuit1 md In 0EdoH fhat