Evening star., 1908-01-31
the Panama canal commission and Of the
insular governments.
Private Employees Responsible.


Private Employees Responsible.
| The same broad principle which should
apply to the government should ultimately
be made applicable to all private employ
ers. 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 OBJ
served that an employers liability law
does not really mean mIlcting employers
in damages. 1t merely throws upon the
employer the burden of accident insurance
against injuries which are sure to occur
1t requires him either to bear or to dis
tribute through insurance the loss which
can readily be borne when distributed, but
which. IL undistributed, bears with fright
full hardship upon the unfortunate victim
of accident. In theory. II wages were al
| ways freely and fairly adjusted, they
would always include an allowance as
against the risk of injury, just as GER
tainly as the rate Of interest for money in
cludes an allowance for insurance against
the risk OF loss. In theory, II employees
were 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 will be done by the great
body OF employees. An employers liability
law makes il certain that it will be DONE
In effect, by the employer. and it will ul-
timately impose no real additional burden
upon him.
There is special bill to which 1 call
your attention. Secretary Taft has ur-
gently recommended the immediate pas
sage OF a law providing for compensation
| to employees of the government injured in
the work of the isthmian canal. and that
slU,1O be appropriated for this purpose
each year. ! earnestly hope this will be
| done: and that special bill be passed
covering the caie of Yardnlas ster Banton
who was injured nearly two years ago
while doing his duty. He is now help
less to support his wife and his three lit
tie boys
Injunctions in Labor Gases.
l again call your attention to the need
Of some action in connection with the
abuse of injunctons in labor cases AS
regards the rights and wrongs of labor
and capital. from biacklisting to boycott
ting. the whole subject is covered in adj
mirable fashion by the report of the an
thracite coal strike commission, which re-
port should serve as a chart for the guild
ance of both legislative and executive off,
GERS. AS regards injunctions. l can do
| little but repeat what l have said in nv
last message to the Congress Even
| though it were possible, I should consider
IT most unwise to abolish the use of the
i nf init II i1
order that the courts may maintain their
own dignity and in order that they may in
effective manner check disorder and yio-
! lence The judge who uses 1t cautiously
And conservatively. but who, when the
need arises. uses ii fcarlessly confers the
reatest service upon our people, and his
/ pre-eminent usefulness IA 5 a public servant
| should be heartily recognized. But there
/ Is no question in my mind that it has
! sometimes been used keedlessy and un-
| justly. and that some of the injunctions
i issued infiict grave and occa asionally ir-
! reparable wrong upon those enJoined
/ 1t is all wrong TO use the injunction 20
4 prevent the entirely proper and legi,i-
mate actions OF labor organizations in
| their struggle for industrial betterment
or under the guise of protecting property
! rights unwarrantably to invade the fun
damental rights of the Individual 1t is
! futile to concede. as we all do, the risht
and the necessity of organized effort on
| the part of wage-earners and yet by in
| junctive process to forbid peaceable ac-
| ton to accomplish the lawful objects
| for which they organized and upon
which their success depends The fact
that the punishment for the viola,i ton of
an injunction must. to make the order
effective. necessarily be summary and
without intervention of a jury makes its
issuance in doubtful cases a dangerous
practice. and in itself furnishes a reason
| why the process should be surrounded
| with safeguards to protect individuals
Continued on Sixteenth Page.1