The labor journal. [volume] (Everett, Wash.) 1909-1976, 1909-12-17
UNJUST TO W02EMEN
Loss Enta.Ied by Injury Should
Not Be Borne by Them.
THE ACCIDENTS OF INDUSTRY


to Suppose That the Toiler Assumes
"Risk Of Business
Discussing the proposed plan of the
New York Central railroad TO pension
its employees, the New York American
says:
The announcement Of the New York
Central Railroad company that it is
about to introduce a pension system
for its superanuuated employees will
generally be regarded as q good exam
pie and measure of justice that all
great employers of labor should fol-
low
This matter Of providing for Old age
out Of mans surplus of earnings in
his working years should be dealt with
on n businesslike basis and should not
be thought Of as having any tincture
of coudescensio1 or gratuity.
If the New York Central people i'm
aginc that they are bestowing favors
and earning the gratitude oe their EN-,
ployees their false attitude in the mat
ter will induce false methods and viii
ate the whole pension scheme
Workingmeu will not welcome the
idea of being treated as objects of
charity.
If Il Wornout railroad man is to have
as good treatment at the hands of rail
road corporations as an old horse gets
=, no, ,re.,
railroad employees have, on the whole
won their way to a position where
such treatment can be demanded.
1t is worthy of remark in this con
nection that Mr.. AdeIbert Moot, presi-
dent of the New York State Bar assoc
citation, said a sound legal word for
railroad and other employees in
speech in Buffalo.
Speaking of the enormous number of
accidents to life and limb suffered on
railroads and in factories, Mr.. Moot
said that in case where the accident
is due neither to the special negligence
of the employer or the employee, but
to the mere inevitable risk Of the
business it is grossly unjust that the
VI tN w vi ~ lllt II NLADt4iAl htstl lHt hlOA
. ey loss eutailed by the misfortune.
7 He said that, in spite Of the ancient
English rule to the contrary. the law
ought not to suppose that the risk of
the business" is assumed by the man
that takes the job Such risk and the
/ losses caused by it should be thought
of as a part Of the natural cost of the
undertaking. And it should be charg-
1 ed. not against the workman, but
against the business itself.
That is to say, railroad companies
ought to make provision for paying,
and ought TO be made to pay, adequate
money damages for all the injuries in
Cured 10y workmen in the ordinary
course of railroading
The cost of such accidents should be
regarded as Il part of the fixed charges
Of the railroad business.
Pensions providing for the inevitable
march of a mans years should no
loubt be comprehended under the
same rule and the same reasoning.
Following a similar line Of reasoning.
the New York Times has the follow
ing:
There could hardly be a more impor-
tant task for a legislative committee
properly constituencies to the inten-
lions and capacities of its members,
that is-than the investigation of the
whole subject commonly described as
employers liability" Past practice
and laws dealing with Industrial acct
dents and the responsibility for them
have been and for the most part still
are grotesquely unreasonable, illogical
and inefficient and. while cruelty uu-
just to the worker, have been no real
protection to the employer. in spite of
the fact that he was the one who de-
vised and perpetuated them.
Until very recently the employers
one aim and effort has been to limit
his direct liability when he could not
avoid it altogether, and in the eXecu-
ton of this purpose there has grown
up great system of precedent and
law, with the three foundation stones
of "contributory negligence the fell
low servant rule and voluntary as
sumption of risk" For each Of these
principles there is something of excuse
and even Of reason, but as they have
worked out in combination the en-
ployer pays his money to lawyers in
stead of to injured Wor6meu and then
he pays it again rs member of the
community in which me lives I'M sup
porting as paupers the direct and mdi-
rect victims of accidents whose claims
his lawyers are hired to fight The Iia-
bility insurance companies have stiu
further complicated the problem and
diverted still more of what may be
called the accident fund from its legit
innate use.
Now there is a growing inclination
to abandon entirely the venerable
foundation stones just mentioned and
to build up a system of remuneration
and support based ON the idea that ac-
cidents are natural and Inevitable
part Of every business and that the
cost of such of them as cannot Dee pre-
vented by intelligence and care should
be added TO aud then drawn from the
price of that business output OF prod
uct. In other words, the consumer is
to pay for the men worn ont i'm indus
try exactly as he does for the ma
chimes that are worn out He does
that now in way. and very bad
way it is. but he is TO do it better,
more economically and as a matter of
natural obligation instead Of as a re
luctant or extorted favor.