Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-01

States. including those in the servHe
of the Panama Canal Commission and
Of the inSul>,r governments.
The same broad principle which
should ultimately be made applicable.
:5hcHid apply 10 the Government
really mean mult'ting employers in
to all privat" employers. Where th,,
Nation has the power il should enact
laws To this effect. Where the States
alone have the power they should en-
act the laws. 1t is to be observed that
an employers liability law does not
really mean lnulching employ ers in
damages. 1t merely throws upon the
employer the burden of accident in
surance against injuries which are sure
to occur. II requires him either IL
bear OF To- distribute through insurance
the loss which can readily b. borne
when distributed, but which, if un-
disturbed, bears with frghtiui hard
ship upon the unfortunate victim Of
accident. In theory, if wages We're al
ways freely and fairly adjusted, they
would always include an allowance as
against the risk OF injury, just as GER
taimly as the rate of interest Tor money
includes an allowance Tor insurance
against the risk OF loss. In theory. il
employees We're all experienced business
men, they would employ that part OF
their wages which is received because
Of the risk of injury to secure accident
insurance. But as Il matter OF fact, it
is not practical to expect that this viii
be done by the great body of en-
pioyces An employers liability law
:, :,
in effect, by the employer, and it will
ultimatly impose no real additional
burden upon him.
There is {. special bill to which | call
your attention. Secretary Tart has
urgently recommended the immodiltc
passage OF n law prorniIig for COM
pensation ~ employees OF the Govern
mcnt injured in tn, work ii the 18th
milan Canal. and that 100000 be ar
rropriatcd for thi.; purpose each year. l
earnestly hope this Will DE done; ana
that 4 special bill be passed covering
the case of Yar(lnaster Banton, who
was niured nearly two years ago Will"
doing his duty He is now helpless to
support his wife and his three little
boys.
/ again call your attention to the
need OF some action in connection with
the abuse of injunctionS in labor cases
AS regards the rights and wrongs of
labor and capital, from blacklistinG to
boycotting, the Whole subject is COW
cred in admirable fashion by the re-
port of the Anthracite Coal Strike Com
mission, which report should serve as 4
chart for the guidance of both legisla-
tive and executive officers. AS regards
injunctIons, / can do little but repeat
what | nave said in my last message
to the Congress. Even though it were
possible, l SHOULD consider it most I'M
wise to abolish the use OF the process
OF injunction. 1t is necessary il order
that the courts may maintain their
own dignity and in order thai they may
in effective manner check disorder and
violence. The judge who uses it cau-
tiously and concervatively, but who,
when the need arises, uses 1t fearlesSfy,
cOnfcrs the greatest service upon our
people. and his preeninent usefulness
as Il public servant should be heartily
recognized. Bat there is no question in
my mind that it has sometimes been
used heedlcssly and unJustly, and that
some Of the injunctions issued infict
grave and occasionally irreparable
wrong upon those enjoined.
1t ia all wrong to use the injunction
to prevent the entirely proper and legi-
| innate actions of labor organizations in
their struggle FOR industrial betterment.
or under the Guise of protecting prop
erty rights unwarrantably to invade
| the fundamental rights Of the lndt-
| yidual. 1t is futile to concedc, az we
| all do, the right and the necessity or
organized effort on the part of wage
earners and yet by injunctive process
to forbid peaceable action to accom-
plish the lawful objects for which they