Evening journal., 1910-01-17
EMPLOYERS
LIABILITY
continued rrom rlrst pare

Continued From First Page.
practical life could ever suppose that
such q wage can possibly support so
heavy a charge. Enlightened public
opinion. looking the facts in the face,
Is concluding in all progressive coun-
tries, save our own, that the
risks Of employment--its injuries and
Its resulting dependence-shall be
charge upon the industry; that If the
transportation company can afford, for
the further prosecution Of it's business,
to repair and replace it's worn out tools
and It's wrecked locomotives; if these
last are to be part of the cost of its
business, then its MANNED and broten
human machines can be and should be
a charge upon the business and a
legitimate part Of its cost. But it is
Immediately objected by business
that such a charge is excessive and
cannot be borne by business. And the
answer to the objection is simply and
fatty that it can be borne.
ITO support this contention let us
look at the civilized countries Of Eu-
rope to see how they manage this mat
ter. What do we find? We find that
he principle that the workman is en-
tiled to compensation for injuries re-
ceived I'm the course of his employ
ment has been enacted into law in
twenty-five foreign States.so We find
that the employer may be relieved of
responsibility In these States usually,
if he can prove intentional injury or
wilful misconduct, or, I'm some coun-
tries, gross negligence, or injury due
to the committing of illegal acts on
the part of the injured workman. EN-
ployments covered by relieving legisla-
ton are "hazardous" employments-
transportation, mining, building and
engineering and the like. But In
Belgium, France and Great Britain
practically all employments are COW
cred. Let Il be noted that in all but
four OF these countries-four out of
twenty two-the entire burden for re-
lief rests upon the employer. In four
Austria, Hungary. Germany and Lux
embourg the employes(bear "a part of
the relief expense. But il should be
\ said OF Germany that serious and per-
manont disability, and dependence due
to the death OF the wage Garner, is
borne wholly by the employeree eeIn most
OF these countries employers may, and
in some the employer must, con-
tract with responsible insurance COM
/ UttlAAHn III NAhAI " INJECT payments IOI
| injuries.fe Provision is commonly made
for the protection of benehciaries in
case OF insolvency whether that In
solvency be wilful or otherwise, And
| last and not least, one great purpose
of this legislation is TO obviate the
necessity of recourse to the ordinary
courts for adjudication. Similar leg
islation IS IN effect I'm the British col
] aRfau.--fw Ia In
land and In Cape Colony, and the OBJ
vious inference Is that If competing
industries in practically the whole OF
Europe can charge the cost of injuries
20 the bushes, we in these United
States can charge such injuries to
the cost OF our business"
"At present we are laying upon the
factor OF our industry least able to
bear It the waste and breakadge of
our industry We charge 'contributory
negligence'-the slightest want of or
dinary care contributing proximately
TO the injury-to the worker. Even
when the employer has been grossly
negligent-negligent to 80 per cent,
and the employe negligent but TO one
per cent, we charge the negligence
wholly TO the employe. We compel the
employe to assume the ordinary risks
of the industry. Should there be
gross fault on the employers part;
should laws be violated by the
employer and II the workman knew OF the
negligence and OF the violation of the law
and continued at his work. no could not
recover for his injury. Overwork. exces-
she hours. insanitary surroundings. high
speed OF machinery, labor under condi-
Of ID eli
charged against the workman and have
been made his loss without redress The
time has come when we should change all
this-in the interests OF our best asset
the worker. We must endeavor to create
a public opinion so powerful that it shall
presently express itself In laws which
shall conserve the worker I'm his manhood
and take care Of him while he IS stili &
man and before he is beaten. and broken
and crushed into the human scrap an,
waste that we find in all our almshouse
and workrouses. And I'm
ally, let me plead a cultivation
Of hne sentiment for IN,
realization Of these ideals There are thos.
among us who dismiss the appeal WI
have been making by bowling it out a
mere sentiment Mere sentlmentl Why
the best thing IN life is sentiments TAX
sentiment out Of home and what have yol
left but wreck and ruin. 1t is just be
cause sentiment. the finest thing in life
has gone from so many homes that W.
crowd our divorce courts with appeal
20 sever relation grown intoierable- IN
toierable because sentiment has departed
from X Justice viii be done to the work