Evening star., 1908-01-31

The Prxdent today sent to Congress
the following message:
To the Senate and House of Representa-
tiyes:
The recent decision of the Supreme
Court in regard to the employers liability
act. the experience OF the interstate COM
nerce commission and Of the Department
OF Justice in enforcing the interstate COM
merce and antitrust laws. and the grave
~ significant attitude toward the law and
its administration recently adopted by
certain heads Of great corporations. rem
der l. desirable that there should be addi-
iional legislation 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-
ployers' liability law to be unconstitu-
tional because its terms apply to employees
engaged wholly in intrastate commerce as
we'll 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 SO far as in
terstate commerce is concerned.
As regards the employers liability law,
/ advocate its immediate re-enactment.
limiting its scope SO that it shall apply
only to the class of cases as to which the
court says 1t can constitutionally apply,
but strengthening its provisions within
this scope. Interstate employment being
thus covered by an adequate national law,
the field of intrastate employment will be
lnT, ri cff of ha
With this clear definition of responsibility
the states will undoubtedly give to the
performance of their duty within their
field the consideration the Importance or
the subject demands.
Government Should Pay.
| also very urgently advise that COM
prehensiye act be passed providing for
compensation by the government to all
employees injured in the government serv-
ice Under the present law an injured
workman in the employment Of the gov
ernment has no remedy. and the entire
burden Of the accident falls on the help
less man. his wife md his young children
This is an outrage. IL is d matter of
huniiia ton TO the nation that there should
not be on our statute books provision TO
meet and partially to atone for cruel mis-
fortune when II comes upon q man
through no fault Of his own waie faith
fully. serving the public In no other
prominent industrial country in the world
could such gross injustice occur, for
almost all civilized nations have enacted
LEGISLATION ernbodying the complete recog-
milton of the principle which places the
entire trade risk for industrial accidents
Excluding OF course. accidents due to
willful misconduct by the employee on
the industry represented by the en-
pIoyer which in this case Is the govern
ment In all these countries the prin-
cple applies TO the government just as
much as 10 the private employer Under
no circumstances should the injured en-
ploye or his surviving dependents be re-
quired TO bring suit against the govern
rnent nor should there be The require
ment that in order to insure recovery
negligence In some form on tho part of
the government should be shown. Our
proposition is not 10 confer a right of
action lrpon tie government employe, but
10 secure him suitable provision against
injuries received in the course OF his EN-
ployment.
The burden of the trade risk should be
nlaced upon the government. Exactly as
the workngman is entitled TO his wages.
so he should be entitled TO indemnity for
the injuries sustained in the natura!
course of his labor. The rates of COM
rensation and the regulations for its pay
nent should be specified In the law. and
the machinery for determining the amount
TO be paid should in each case be provided
in such manner that the employe is prop
erly represented without expense 10 him.
In other words, the compensation should
be paid automatically. while the applica-
tion of the law in the first instance should
BE- vested in the Department of Comm arca
and Labor. The law should apply TO all
laborers mechanics and other civilian EN-
ployes of the government OF the United
States. including those in the service OF