Daily press. [volume] (Newport News, Va.) 1896-current, 1908-02-01

Fhnicf oaye Mr.. Roosevelt.
Te the Senate and House OF Repre-
sentatives:
The recent decision OF the supreme
court In regard TO the employers liza
bi!ity act, the experience OF the inter
state commerce commission and OF the
department OF justice In enforcing the
Interstate commerce and antitrust
laws and the gravely significant atti-
tude toward the law md Its admins
tration recently adopted by certain
heads of great corporations render 1t
desirable that there should be addl
,ionnl Legislation us regards certain OF
the relations between labor and capt.
tai and between the great corporations
and the public.
The supreme court has decided the
employers liability law to he nnconsti
tutional because its terms apply 10
employees engaged wholly in intra-
state commerce az well as TO employ
ees engaged in Interstate commerce
BY substantial majority the court
holds that the congress hns power
to deal with the question In SO far rs
interstate commerce Is concerned.
AS regards the employers liability
law, | advocate lis Immediate re.enact.
ment, limiting its scope SO that 1t shall
apply only 10 the class Of cases rs to
which the court says II can constitu-
tlonally apply. but Strengthening its
provisions within this scope. Inter
state employment being thus covered
by an adequate national law. the field
Of intrastate employment will be left
10 the action of the several states
With this clear definition of RESPONSE
bility the states will undoubtedly give
to the performance OF their duty with
IN their field the consideration the i'm
portance OF the subject demands.
Compensation For injured Employees.
I also very urgently advise that
comprehensive act be passed providing
for compensation by the government to
all employees injured in the govern
ment service. Under the present law
an injured workman in tue, employ
ment Of the government has no remedy,
and the entire burden OF the accident
falls on the helpless man. his wife and
his young children. This IS an outrage
IL is matter OF humiliation to the ma
ton thnt there should moi be on our
statute books provision TO meet and
partially 10 atone for cruel misfortune
when it comes upon man through no
fault OF his own while faithfully serv-
ing the public. In no other prominent
industrial country IN the world conld
such gross injustice occur, for almost
all civilized nations have enacted leg
isiation embodying the complete recog-
milton OF the principle which places the
entire trade risk for industrial acct
dents. excluding. OF course. accidents
due TO willfui misconduct by the EN-
ployee, 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 en-
ployer. Under no circumstances should
the injured employee or his surviving
dependents be required TO bring suit
against the government, nor should
there be the requirement that in order
TO insure recovery negligence IN some
form on the part OF the government
should be shown. Our proposition is
not TO confer right of action upon
the government employee, but to Sc
cure him suitable provision against in
juries received in the course of his
employment. The burden OF the trade
risk should be placed upon the govern
n1ent. EXACTLY rs the workingman is
entitled to his wages SO he should be
entitled TO indemnity for the injuries
sustained in the natural course OF his
labor. The rates OF compensation and
the regulations for Its payment should
be specified in the law. and the ma
chinery for determining the amount TO
DO paid should in each case be provid-
ed In such manner that the employee
IN properly represented without ex-
pense to him. In other words, the
compensation should be paid auto
maticaliy, while the application OF the
law in the first instance should be vest
ed in the department of commerce and
labor. The law should apply 10 all la
borerS, mechanics and other civilian
employees Of the government OF the
United States. Including those In the
service of the Panama canal commits.
sion and OF the insuiar governments.
laws For Private Employees Needed.
The same broad principle which
should apply 10 the government should
ultimately be made applicable to all
private employers. Where the nation
has the power II should enact laws TO
this effect. Where the states alone
have the power they should enact the
laws. 1t is to be observed that an eInl
pioyers' liability law does not really
mean mulcting employers in damages.
1t merely throws upon the employer
the burden Of accidentinsurancc against
hjnries which are sure to occur. 1t
requires him either to bear or TO dis
tribute through insurance the loss