The wageworker. (Lincoln, Neb.) 1904-????, 1910-07-15
OF LABOR.
Industry Stays and Mains More
Men Than War.
LAW SHIELDS EMPLOYER.
Doctrine of Assumed Risk Should Be
Abrogated, Says Chicago Jurist.
Suggests an Equitable Plan Of Com
pensation For Death or Injury,

suggests an Equitable Plan OF Com
pensation For Death or Injury.
Statistics show that industry kills
and mains 100 times as many people
as fall in battle. The daily calendar
| of injuries and deaths occasioned by
defective machinery in the great trade
centers and the record of the laws
vexatious delays when it is invoked to
secure reparation even in the most
meritorious cases are most condemna-
tory exposures of criminal negligence
on the part of employers of labor, fos-
justice-a stigma and shame to our
boosted civilization
Judge John Gibbons Of the circuit
court of Cook county. ILL.,, makes the
above striking statement in a report
submitted by him to the justices Of the
supreme court of that state. He ar
CUES strongly against some of the
abuses and defenses now prevalent in
liability suits for injuries to workmen
In the line of their employment and
then suggests what he considers an
adequate remedy for the evils COM
planned of.
THE doctrine Of assumed risk as ap-
piled by the law of master and serv-
ant should be abrogated." the report
continues. THE many and marvellous
mechanical combinations wrought by
the inventive genius of today in the
form of labor saving machinery. COM
pelling rapid construction and frequent
changes. render these accidents almost
inevitable unless the utmost skill and
vigilance are exercised in making and
maintaining each part of such machin-
cry.
Courts of justice. instead of laying
down just and equitable principle of
law for the determination of these
cases which would stimulate the men
who employ dangerous machinery in
operating their business to an exercise
of constant and critical vigilance in
avoiding danger and in providing safe
ty for their employees. have formulated
rule which encourages their indiffer-
ence and places premium upon negli-
gence. That is. the law. as interpret
ed by the courts. relieves the employ
err from liability for injuries received
by his employee while working with or
about defective machinery If the en-
ployee knows the machinery Is defec-
tive. and IL he continues his work with
out being induced by his master to be-
licve that Il change will be made he Is
held to have assumed the risk
Under this rule. the injustice of
which is equaled only by its absurdity.
the more defective and worthless the
machinery the oftener does the en-
ployer escape liability for injuries in
ficted upon the employee.
lit is safe to assume that three
fourths of the persons injured by de-
fective machinery are the stay and
support of others-wives. children.
younger sisters and brothers or aged
and infirm parents 1t is equally true
thar the same proportion of those in
jured are unable financially to afford
thar care and attention at their homes
necessary for their comfort and recov-
cry. and therefore must be sent to the
county hospital and cared for at public
expense. thus taxing the people to pay
for the consequence of the employers
negligence.
1.-The remedy which 1 should adopt
would at once compensate the person
injured. decrease litigation in our
courts and relieve the taxpayer. 1t is
this: When an employee is injured by
machinery while at work in the line
of his duty let the facts of the injury
be taken as prima facie evidence that
the machinery was defective and COM
pei the employer to pay $1,000 for the
loss of one hand or foot. $4,000 for the
loss of both hands. both feet or one
hand and one foot. $500 for the loss
Of an eye. $4,000 for the loss of both
eyes. S12 week for disabling injuries
of temporary nature. $4,000 for a
permanent injury and $1,000 to the
widow or next of kin in the event OF
his DEATH"
Farmers For the Label.