The Marion daily mirror. (Marion, Ohio) 1892-1912, 1908-02-01
President Roosevelt Sends
Special Message to Congress
To the Senate and House Of Repre-

To the Senate and House OF Repre-
sentatives:"
The recent decision of the Sup
RENE Court in regard to the employ
ers' liability act, the experience Of
the Interstate Commerce Commis-
sion and of the Department of jus
tice in enforcing the interstate COM
merce Commission and of the De-
partment of Justice in enforcing the
interstate commerce and antitrust
laws. and the gravely significant at
titude toward the law and its adj
ministration recently adopted by
certain heads of great corporations,
render 1t desirable that there should
be additional legislation as regards
certain of the relations between
labor and capital, and between great
corporations and the public.
THE Supreme Court has decided
the employers liability law to be
unconstitutional because its terms
apply to employees engaged wholly
in intrastate commerce as well as
to employees engaged in interstate
commerce. BY a substantial majority
the Court holds that the Congress
has power to deal with the question
in 10 far as Interstate commerce is
concerned.
"As regards the employers liabil-
ity law, advocate its immediate
reenactment. limiting its scope SO
that 1t shall apply only to the class
OF cases as to which the Court
says It can constitutionally apply,
but strengthening its provisions
within this scope. Interstate en-
ployment 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 re-
sponstbility the States will undoubt-
edly give to the performance Of
their duty within their field the
.conifdsration the Importance of the
6ukject demands.
Z s"I alsQ very urgently advise that
. comprshensive act be passed pro-
vtding for compensation by the Gov
etnnaent To- all employees injured in
the Government service. Under the
present law an injured workman in
the employment of the Government
has no remedy, and the entire bur-
den OF the accident falls on the
helpless man, his wife and his
young children. This Is an outrage.
It is a matter of humiliation to the
Nation that there should not be on
our statute books provision to meet
and partiality to atone for cruel
misfortune when It comes upon a
man through no fault OF his own
while faithfully serving the public.
In no other prominent industrial
country In the world could such
gross injustice occur; for almost all
civilized nations have enacted leg
islation embodying the complete
recognition OF the principle which
places the entire trade risk for in
dustrial accidents excluding. of
course, accidents due to willful mis-
conduct by the employee) on the
industry az represented by the en-
ployer, which in this case is the
Government In all these countries
the principle applies to the Govern
ment Just as much as to the private
employer. Under no circumstances
should the injured employee or his
surviving dependents be required
to bring suit against the Govern
ment, nor should there be the re-
auirement that in order to insure
recovery 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 employee, but to Sc
cure him suitable provision against
injuries received In the cause OF
his employment. The burden of the
trade risk should be placed upor
the Government. Exactly as the
workingman Is entitled to his wages
SO he should be entitled to indem
nifty for the injuries sustained II
the natural course OF his labor. Th'
rates of compensation and the regu
lations for Its payment should b.
specified In the law, and the ma
chinery for determining the amour
to be paid should In each case b.
provided In such a manner that th'
employee is properly represented
without expense to him. In othe
words the compensation should b.
paid automatically. while the ap
plication OF the law In the first In
stance should be vested in the DE
partment OF Commerce and Labor
The law should apply to all labor
ers, mechanics and other civilia
employees nl the Government OF tn
United States, Including those 4
the service OF the Panama Cana
Commission and Of the insular 60,
ernments.
'The same broad principle whic
should apply to the Governmer
should ultimately be made appl
cable to all private employers. .Wher
the Nation has the power 1t shoul
enact laws TO this effect. Where tn
States alone have the power the
should enact the laws. 1t is to
observed that an employer u
Z. rs lH H4t1t