The labor journal. [volume] (Everett, Wash.) 1909-1976, 1910-11-25

turing business he distributes rs a part
of the cost of conducting the business
the wear and tear upon a machine that
he placed in his factory. That is an
expected part of the cost of production.
But we must recognize the necessity
of impressipg upon the public mind the
correctness OF the fundamental prin
ciple that it is Just as right that when
he puts in his factory a human machine
there must be distributed upon the
public the cost incident to the wear and
tear of that human machine. The pub
lie will not object when fair and
Just system can be devised in the pay
ment of this charge. because it is
wrong in principle. it has been dem
onstrated that it is pcuitiou~ AMI in
effective in actual practice to let the
loss incident to modern industry fall
upon those least able to bear it.
Under the limitations of our con~ti-
tutions state and national. question
how much it viii be possible for Us
to 90 along the lines of compulsory in
surance of workmcn'S compensation
laws | am certain however, as law
yer, that we can do this: We can do
away with this old fiction of the law
that now always works for delay and
usually works for injustice. We can do
away with the theory of contributory
negligence with the doctrine of as
sumption of risk, we can 10 away with
the theory of the negligence of the feel
low servant because all three of these
rules were devised in a simple system
of industry that has no application al
all to the condition existing in modern
industry They were devised at time
when industry was limited largely to
the employer. the employee and the APP
prentice, and vet we have continued
those old. archaic rules. and have hung
onto them which indicates fetish
worship of theory long after the rea
son for the theory had ceased to exist,
III VEL iiiulN lUNltl cum IlVl@'l Ili
surance laws. instead of less than 40
per cent of that paid in by the employ
er going to the injured persons so per
cent of that paid for the purpose of in
surance goes to the injured person. and
only a very small portion goes to tn
expense of administration. and a very
limited proportion 20 tie expense of
litigation New York. Wisconsin. and |
believe Oregon also, have adopted law.
on this subject Minnesota and Illinois
have commissions investigating thc
subject. and we are at last beginning
to realize the Importance of legislation
along this line: we are beginning t.
recognize the importanc Of doing away
with the system that has neither re
suited in Just compensation nor in the
protection Of those who live by their
own labor.
In this state I announced some time
ago that I intended TO appoint a com
mission to investigate this subject. The
State Federation of Labor has recon-
mended members of that commission.
Both the leading political parties nave
endorsed it in their platforms and I
hope to see the next legislature in tbi,
state adopt some measure to correct
our present system and provide. as far
as existing constitutional limitation,
viii permit rs to provide, for tLe pro-
lection of those who labor. It there
fore comes as one Of those concrete
problems which controut- Inc a,socia-
tion- Of laborina men in this country
how best to secure something imme
dilte and something practicable. \
inst modification of the rule Of en-
pIoycrs liability and optional work
mems compensation law, or an optional
Insurance law. viii not bring about the
IiiIewium it win not raorganizJ So
ciety It viii NOT reorgari7e industry.
it wiII not correct AN the defects of
modern civilization 1ut it win b. some
thing concrete it viii De something
practical and the securing Of results Of
that Kind 70 my mind. iu-tjfir- not
only the existence Of such organization,
lur makes them q positive benefit not
only to tn. laboruq men, but also 10
society itself
And II the American Federation of