The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-09-02
FRANK B. HOWE, Editsr and Pablishs
THE HUM6UG OF EMPLOYERS
LIABILITY LAWS

In June, 1906, it may be recalled,
Congress passed an Employers Liza
bility Act, the purpose of which chief
| ly was to enable railroad employees
to recover damages for injuries result
ing from accidents even though the
negligence of some far-off "fellow-ser-
want" nad contributed to the accident.
In January, 1908, the Supreme Court
declared this act unconstitutional on
the ground that it applied to acct
dents arising in states as well as in
interstate commerce, and Congress
had power over the latter only.
To cure this defect Congress passed
a new act, in April, 1908, applying on
ly, to accidents arising in interstate
commerce. Article VI, Section 2, of
the Constitution says: This Consti-
tuition and the laws of the United
States made in pursuance thereof.
shall be the supreme law of the land
and the judges in every state saall be
bound thereby"
Under the act of April, 1908, two
Connecticut brakemen sued a rail
road. The trial court dismissed the
suit, and recently the Connecticut
lSupreme Court of Errors, on appeal
upheld the trial court, ruling that
Congress did not intend, and had nc
lpower, to make the act of April, 1908
incumbent on state courts. Conse
lquently, If the brakemen wish to re
cover damages they must sue in the
United States Court. Generally
speaking to sue in the United States
Court is expensive and inconvenient.
In one Western case, recently end
ed. where a brakeman sued for loss
of both feet, there were seven differ
ent trials-in the State Circuit Court.
the State Supreme Court, the United
States Circuit Court and the United
States Supreme Court-before the
cripple finally got ais money. How
much of the money there was left,
after paying costs and counsel fees,
we do not know. The spectacle OF
an affluent corporation fighting to the
last ditch in order TO beat a manned
workman out of his claim for dam
ages is common, but not edifying.-
Saturday Evening Post.
This giving an injured man or
bereaved family a lawsuit against a
corporation instead OF money needed
to keep the wolf from the door is a
most notorious humbug in its actual
effect, as the foregoing from the Post
well shows.
an employers liability law in this
state and the writer did what he !
could in the legislature last year to |
secure the enactment of such law. !
but we believe that tne time has
come when the working men of Yer
mont should demand and can get
better than any employers
liability law ever enacted.
What is needed is something def
mite and assured instead of a doubtful
fight with powerful company. This
definite assurance is offered by com
1ination of laws now in force in Ger
many and New Zealand and also, we
believe, in Australia and these laws
night well be adapted to Vermont
They are combination of insurance
md liability of employers enforced
~ the state without court action ex-
ept in rare cases where there is
ome disputed point.
It is, in short, compelling each line
# manufacturing, transportation or p,
to care for the manned and
INJURED in that line and the families
# those who are killed. For instance
( crane should fall in a Barre
granite shed and mutilate the right
lrm OF an expert granite cutter. he
wouldn't have to sue his employers
md prove negligence or lack of con
negligence or any of these
letails now so common in court rec
,rds. He would simply place ais case
before the state court, commission,
Ir board in charge of the matter and
while he was in bed he would get his
regular wages and full allowance for
medical treatment trained nurse and
hospital service if needed. II when
he got we'll il was found that he could
never use his right arm to cut stone
lgain, but could work as Jumper he
would receive the difference between
Jumpers and a cutters wages for ,
he rest of his active life.
If, Instead of injuring his right arm
he falling crane had killed him, his
widow would receive through the
state agency a certain definite sum,
Jay two or three tines her husbands
yearly wages and If there were minor
children there would be an additional
allowance for each one.
TIE expense of this would be borne
1y the granite manufacturing bust
less. In similar manner the print
ng and publishing business would be
compelled to care for the killed and
Manned in that business. So also in
arming, numbering. railroading, etc.
he death and mutilation roll in each
inc of business would be legitimate
barge on that business just the same
Is rent, light, power or any other
liked charge. The cost would be as
essed not on the firm where the ac-
ident occurred but in the form of a
mall tax on all tne business in the
tate in that line.
Such an arrangement In control OF