The Greenville journal. [volume] (Greenville, Ohio) 1850-1918, 1908-02-06
PRESIDENT URGES
NEW LEGISLATION
IN HOT MESSAGE
ZIG CORPORATIONS SCORED BE
CAUSE OF ATTITUDE TO-
WARD GOVERNMENT.
EMPLOYERS LIABILITY LAW


Chief Executive Declares Act Needs
Immediate acknowledging
Of injunction Abuses Is
Urged.
To the Senate and House of Represen-
tatives: The recent decision Of the su-
prone court in regard to the employers
liability act. the experience of the Inter
state Commerce Commission and of the
department of Justice i'm enforcing the in
,nrstate commerce and antitrust laws.
and the gravely significant attitude
toward the law and its administration
recently adopted by certain heads OF
great corporations, render IT desirable
that there should he additional legisla-
riOu as regards certain of the relations
between labor and capital, and between
the great corporations and the public.
The supreme court has decided the en-
piuyers' liability law to be unConstitu-
tOual because its terms apply to en-
pl"yeS engaged wholly in intrastate COM
merCe as well as to employees engaged In
interstate commerce. BY a substantial
majority the court holds that tho con-
Eress has power to deal with the ques-
ton in so far as interstate commerce
Is concerned.
As regards the employers liability law,
I advocate its immediate reenactment.
limiting its scope so that 1t shall apply
only to the class of cases as to which the
court says 1t can COnstitutionally apply,
hut Strengthening its provisions within
this scope. Interstate employment being
thus covered by an adequate national
law, the field of intrastate employment
will he left to the action Of the several
states. With this clear definition of
responsibility the states will undoubtedly
IN ~ nprfDrnDnCp
within their field the consideration the
Importance of the subject demands.
Compensation for Employees
Hurt in Government Service
] 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
prnment has no remedy, and the entire
burden of the accident falls on the help
less man, his wife, and his young chill
drcn. This is an outrage 1t is a matter
nf humiliation to the nation that there
should not be on our statute books pro-
vision to meet and partially to atone for
cruel misfortune when it comes upon
n man through no fault of his own while
faithfully serving the public. In no 9TH
er prominent industrial country in the
world could such gross injustice occur;
for almost all civilized nations have en-
acted legislation embodyinC the complete
recognition of the principle which places
rhe entire trade risk for industrial aCCi-
dents (eXCludinE. of course, accidents
due to willful misconduct by the en-
pioyc). 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
finder no circumstances should the in
jUred empiOye or his surviving depend
cnts be required to bring suit against the
sTI, NrNN.I nYOt MOI Ch ha O.
Quirement that in order to insure re-
covcry negligence in some form on the
part of the government should be shown.
our proDostion is not to confer right
Of action upon the government empOye.
hut to secure him suitable provision
against Injuries received in the course
NJ his employment. The burden of the
trade risk should he placed upon the
govern ment. Exactly as the workingman
Is entitled to his wages, so he should be
entitled to indemnity for the injuries sus-
taircd in the natural course of his labor.
The rates Of compensation and the regu-
lators for it's payment should be speci-
'tied IN the law, and the machinery for
determining the amount to be paid should
IN each case be provided in such manner
thai the cmpove is properly represented
without expense to him, In Other words,
lnv compensation should be paid auto
7n4tiCalv, while the application of the
yaw in the first instance should be vested
I'm the department Of commerce and labor.
sc law should apply to all lahorers me
the government OF the United States,
including those in the service of the
Panama canal commission and of the in-
Suiar governments
The Same broad principle which
SI"1id ult'motoIy be mqdc anpii,
cable to all private employers, WheT9,
she nation has The mower it should
enact laws to this effect. Where the
states p'oNr have the power they should
"nact the l"wF. " is to be observed
reaIly mean m"'ctirg employers in dam
arrs II merely throws UUOn tho EN-
ulOyer the burden Of accident insurance
against injuries which are sure to occur
n REQUIRES him either to bear or to dis
tribute tNr0ugh Insurance the loss wh'cf
IAN readily he bow" when distributed
Nut which it Uudistrthuted, bears with
Crightful hardship upon the unfortunate
we're ALWAYS freely ard fairly adjusted
they would ALWAYS include an allowance
as AGAINST the risk Of injury Just a.
ny includes an allowance for Insurance
against the risk of loss. In theory, i
employees were oil experienced business
men. thcv would employ that part q
their wages which is received because o
tie risk Of injury to secure acCiden
insurance. But as a matter of fact, !
Is rNt Nracticql to expect that this will
be done nv the great body of employees
An employers l0hility law makes i
certain that it will be dove, in effect
by the employer, ara 1t Will ultimate,
impose no real additional burden upol
him.
There ia q special bill to which cal
your attention. Secretary Taft has ur
gently recommended the immediate pas
sage Of ~ law providing for compensate
20 employees Of the government injure
fn tho work of the Isthmian canal, an
chat 800 900 be appropriated for this pur
rose each year. 7 earnestly hope this Wi
be done; and that snectal bill be passe
covering the case of Yardmaster Bantor
who was injured nearly two years ag
while doing his duty. He Is now help
less to support his wife and his thre
little boys.
Action Urged to Right
Abuses of the Injunctio
again call your attention to the nee
of some action in connection with tn
abuse of injunctions in labor cases. A
regards the rights and wrongs Of labC
and capital. from blaCkliSting to boyco
ting. the whole subject is covered in &C
Anthracite Coal Strike commission
which report should serve as Il chart fC
the gudNrce of both legislative and exet
utive officers AS regards injunctions,
can do little but repeat what l have sa
in my last message to the congress. Eve
though it were possible, ] should col
slider il most unWise to aboESh the II;
of the process of Injunction. 1t is neCe
sary in order that the courts may mali
tain their own dignity and in order thi
they may In effective manner chez
disorder and violence. The judge wi
uses 1t cautiously and conservatiVely, b.
who when the need arises, uses IL tea
Iessly, confers the greatest service upC
our people. and his preeminent usefu
ness as public servant should be heart
Nv recognized. But there is no questit