United labor bulletin., 1909-10-15
The Slaughter of Employees

terests by practically destroying the eff
fcacy of the act, and American courts,
like American legislatures. have been
so careful of business and so reckless of
men that they have invariably construed
this act as amended, to mean exactly
the opposite of what the English courts
have always said it meant.
This is as far as American legislation
has gone to protect the persons of en-
ployes, but England did not stop with
that old employers liability act. Fifteen
years ago Great Britain. New Zealand.
Australia and British Columbia had all
passed laws providing that employers
should be absolutely liable for all In
juries received by employees while en-
gagged in the service. without reference
to any other question. the amount OF
such liability to be definitely fixed in
each case by easily ascertainabIe condi.
tions, such as the nature and extent of
the injury. the wage earning capacity OF
the person injured. and, in case of death,
by the age. expectancy of life and earn
ing capacity of the deceased.
Such laws have wrought wonderful
change in the protection of life and limb
and they have placed the financial burden
upon the shoulders of the employer.
where it justly belongs. They have also
since been applied to injuries by public
carriers with like beneficial results
How different is the situation in this
country. Legislatures and courts have
not yet come to regard men. women and
children as entitled to the same consider
alton which they give to business and
property. The responsibility should be
placed upon the people themselves. Pub
lie sentiment in this country has not
been educated upon this question. Labor
unions have been so busy in trying to-
get fair days wages for a fair days
work that they have failed to give the
safety of employees sufficient considera-
ton. If worthy public sentiment is to
be created, it must receive its impetus
from the laboring people. Society may
be likened to an aged tree that is dying
at the top; nourishment must come-if
it comes at all-from below People who
toll with their hands have been the bone
and sinew of every real reform that has
made for human progress. II you would
secure adequate legal protection for EN-
ployes, you must agitate and continue to
agitate, in season and out of season, until
a public sentiment has been created
which legislatures and courts will have
to recognize. Until this is done nothing
can be accomplished. The stream can
not rise higher than its source: legisla-
turpS and courfS rafiaCt ha nrl,Iir Sapfi
ment which creates them. In free coun-
try nothing can withstand the will of an
aroused public conscience
There has never yet in this country
been any sustained and welldirected ef-
fort in this direction. In one of his late
messages to Congress. President Roose-
Welt recommended a federal law which
should virtually embody the English idea
of a fixed copensation for all Industrial
accidents coming under the federal juris-
diction. such compensation to be auto
matically determined according to speci-
fled conditions but Congress was so busy
discussing the proposed tariff upon ladies'
hose and other equally important sub
iects. that they could only pass half
hearted measure that will likely be de-
clared unconstitutional by the courts
However. the recent congressional act is
large step in advance of previous Amer
lean legislation on the subject. and it In
to be hoped that when the act reaches
the supreme court for Interpretation
there may be majority of that court
who will consider a man as much entitled
TO judicial recognition as a dollar.