Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-02-01

Relations Of Capital and Labor.
To the Senate and House Of Repre-
sentatives: s.
1 The recent decision Of the Supreme
Court in regard to the employers
liability act, the experience of the
Interstate Commerce Commission and
Of the Department Of Justice in en-
forcing the interstate commerce and
antitrust laws, and the gravely sig
nificant attitude toward the law and
its administration recently adopted
by certain heads of great corpora
tons, render it desirable that there
should be additional legislation as re
CARDS certain of the relations between
labor and capital, and between the
great corporations and the public.
The Supreme Court has decided
the employers liability law to be I'M
constitutional because its terms APP
ply to employees engaged wholly in
interstate commerce, as well as to
employees engaged in interstate COM
merce. BY substantial majority the
court holds that the congress has
power to deal with the question in
so far as interstate commerce is con-
cerned.
Isl sna Employers Liability Law.
AS regards the employers liability
law, I4advocate its immediate re-en-
gactment, limiting its scope so that it
shall apply only to the class of cases
as to which the court says it can
constitutionally apply, but strengthen
ing its provisions within this scope.
Interstate employment being thus
covered by an adequate national law,
the field of interstate employment
will be left to the action of the sew
eral states. With this clear defini-
ton of responsibility the states will
undoubtedly give to the performance
of their duty within their field the
consideration the Importance of the
subject demands.
I also very urgently advise that a
comprehensive act be based provid-
ing for compensation by the govern
ment 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 help
less man, his wife, and his young
children. This is an outrage. It is
matter of humiliation to the ma
ton that there should not be on
our statute books provision to meet
and partially to atone for cruel mis-
fortune when it comes upon a nan
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 nation
have enacted legislation embodying
the complete recognition of the prin.
ciple which places the entire trade
risk for Industrial accidents (eXclli,.
ing of course, accidents due to will.
the industry as represented by the
employer, which In this case is the
government. In all these countries
the priciple applies to the govern
ment just as much as to the private
employer. Under no circumstances
should the injured employe or his
surviving dependents be required to
bring suit against the government
nor should there be the requirement
that in order to insure recovery neg.
! ligence in some form on the part o!
the government should be shown
Our proposition Is not to confer a
right of action upon the government
employee, but to secure him suitable
provision against injuries received in
the course of his employment.
The same broad principle which
should apply to the government
should ultimately be made applicable
to all priavte employers. Where the
nation has the power it should enac,
laws to this effect. Where the states
alone have the power they should
enact the laws.
Injunction Should Not Be Abolished.
again call your attention to the
need OF some action in connection
with the abuse of Injunction in labor
cases. AS regards the rights and