, 1908-01-31
PRESIDENTS MESSAGE
To SENATE AND HOUSE

AS regards the employers liability
law, | advocate its immediate re-enact
ment, limiting its scope so that it shall
apply only to the class of cases as
to which the court says it can consti
t~utionally 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 Injuries.
! l 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,
hhNhe VI IL SoNSl ulICnt has 10 Gil
edy, and the entire burden of the acct.
dent falls on the helpless man, his
wife and his young children. This is
an outrage. 1t is a matter of humiI-
iation to the nation that there should
not be On our statute books provision
to meet and partially to atone for
cruel misfortune when it upon
a man through no fault of his OVID
while faithfully serving the public. In
no other prominent industrial coun-
try in the world could such gross in
justice occur; for almost all civilized
nations have enacted legislation en-
bodying the complete recognition Of
the principle which places the entire
trade risk for industrial accidents lex
Guiding, of course, accidents due to
willful misconduct by the employee on
the industry as represented by the EN-,
ployer, which in this case is the gov
eminent.
Government Responsible.
In all these countries the principle
applies to the government just as
mucn as to the private employer. I'm
der no circumstances should the in
jured employee or his surviving depend
ents 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 to con.
fer a right of action upon the govern
ment employe, but to secure him suit
able provision against injuries receiv.
ed in the course of his employment.
The burden of the trade risk should
be placed upon the government.
Entitled to Indemnity.
Exactly as the w~orkingman is an,
titled to his wages, SO he should be en-.
tilted to indemnity for the injuries sus.
tanned in the natural course of his la
Tor. The rates of compensation and
the regulations for its payment should
be specified in the law, and the machin-
cry 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 compensa-
tion should be paid automatically,
while the application of the law in
the first instance should be vested in
the department of commerce and la
Dor. The law should apply to all la,
employees of the governpent of the
United States, including those in the
service of the Panama canal commits
sion and of the insular governments.
Meaning of the Law.
The same broad principle which
should apply 20 the government should
ultimately be made applicable 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 the
laws. 1t is to be observed that IN EN-.
ployers' liability law does not really
mean mulcting employers in damages.
1t merely throws upon the employer
the burden of accident insurance
against injuries which are sure to oc-
Cur. 1t requires him either to bear
or to distribute through insurance the
loss which can readily be borne when
distributed, but which, if undistribut.
ed, bears with frightful hardship upon
the unfortunate victim of accident.
The Risk of Injury. @
In theory, if wages were always free
ly n fairly adjusted, they would al
ways include an allowance as against
the risk of injury, just as certainly as
the rate of interest for money in.
cludes an allowance for insurance
against the risk of loss. In theory, If
employees were all experienced bust
ness men, they would employ that part
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