Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-06-01

1t, for the managers to formulate rules
that If followed literally would be such
a handicap to the expediting Of bust
ness that the services Of men follow
ing these rules would soon be dis
pensed with. Then there is a demand
for such speedy train service-passen-
ger, freight and mail-that it Is bat
tie from the time a train crew starts
out until it gets back. to make the
schedule.
so it appears to me, and think 1t
will to everyone who takes a COM
prehensive view Of the matter, that the
only just and fair rule is that every
railroad workman should be paid
reasonable compensation for injuries
received while in the discharge of his
duty, and that this should be counted
as part of the cost of transportation
and be met by the public thru the
charges made for such service.
THE fact that under our present
system only Is per cent of the men
injured in this hazardous calling re-
cover damages for their losses is to
my mind prima facia evidence the
system is wrong 1t is said by sta
ticians that not to exceed three tenths
of the accidents are due to careless
ilSSS VI tlIS GU pei SOHS. L CT "iiSiS
an employee contributes even per cent
to the cause of the accident and the
employer 80 per cent, the workman has
to bear the entire burden of the loss
under the so-called doctrine of contrib
utory negligence 1t needs no argu-
ment to show that as a matter Of fact
it is utterly impossible for trainmen
ito have knowledge Of the capabilities
of their co-employes in like service.
much less of those engaged in caring
for the switches and track and the
hundred and one other activities-all
Of which have certain elements OF
danger and of responsibility which
go to make up the operation of trans
portation lines as a whole.
One Instance Of Many.
'I am reminded that within a COM
paratively short time, in a neighbpr-
ing state, a gang of section men LETT
push car loaded with iron on the
main track On the time schedule for
a fast train The law Of society and
Of the company was memorable that
the train should keep up it's schedule.
Could there be anything more alb
surd than that the brakeman who was
the greatest sufferer from the newt
able accident, but who had no control
Of the train, and who knew nothing
Of the section men, should be debarred
from right to recover for injuries
done by reason of a rule of law laid
down by a judge in England over 70
years ago in a case entirely different?
'It seems strange that here in pro-
gressive America, we Of all civilized
countries Of the cath, should be the
last to take up this great problem for
solution.
81 am gratified to know. however,
that the congress of the United States
in 1906, passed a law that, as I under
stand it, covered the case perfectly as
to all railroad employees.
Changes Needed.
'"The state Of Iowa should, It seems
to me, with the approval not only of
port Of the corporations doing bust
ness in the state, recognize the apoN-
ton Of the fellow-servants rule, the
assumption of risk rule, and the rule
Of contributory negligence as a de-
Tense to the recovery Of fair compen-
sation for any injury received by any
railroad employee in the line OF his
employment, as a just and equitable
proposition, and insist. upon the i'm
mediate enactment of law, to bring
Iowa up to the best standards of the
world in this matter.
"In this action there should not be
any sentimentalism, nor disposition to
punish anybody, nor to do that which
is unfair to any interest, nor to be
arbitrary in fixing a rule as to LA
bility for accidents. But there should
be earnest insistence that Iowa should
have in it's code that which will appeal
to the judgment Of all fair-minded
men. Fairness and justice ought to
prevail.
The assertion often made that men
assume this so-called personal risk
by accepting employment in haz-
ardous calling or by remaining in
such employment after they know it's
dangers, is not fair, nor is it founded
upon facts as we find them.
The Myth of Perfect Freedom.
These railroad employees are men
who, as rule, have engaged in this
work all their lives. Now a man who
has gone into the employment of
transportation companies in his
youth and before he has full knowl-
edge of it's conditions, is held to that
calling by the strongest laws that
govern human nature. We are all
creatures of habit "A man going to
his place of business will usually
walk on one side of the street, al
most always cross at a certain point
and go at about the same hour Of the
day. This law of habit is SO strongly
fixed that when a boy has trained
himself for work on the railroads,
becomes a man and, has gotten for
himself a family-as fortunately he
generally does-there is very little
chance for him to change his occupa-
ton. The doctrine of perfect free
dom to go look elsewhere for work
is a myth.
But the hazard of the employment
is in fact largely due to the demands
of society. and this being true, it is
beyond question that society should
bear the burden Of that hazard rather
than it should be borne alone by the
individual.
cat the expense Of reiteration,
therefore say again that this risk OF
the employment is as much a part OF
the actual cost of transportation as
any other and that it must be paid.
The only question left is as to who
should pay it, the individual who has
proved himself faithful in the dis
charge Of his duties to society as
we'll as to the employing company, or
whether the cost must be borne by
society as whole.
'~There can be but one view to take,