The labor journal. [volume] (Everett, Wash.) 1909-1976, 1912-05-31
SAFETY FOR LABOR
Illinois Supreme Court EStab-
fishes New Rule.
PROTECTION FOR WORKERS.


legation Rests With Employers
Violators of Law Cannot Take Refuge
Behind Assumption of Risk"
The recent decision of the Illinois
supreme court in the suit of Milford
Streeter of Aurora against the Western
Wheeled Scraper works. the first test
Of the recently enacted employers liza
bility law, has established a new basis
on which employees and employers
must now stand
In the written opinion of the court
the upper tribunal states definitely that
the old law under which an employee
could not recover, If he knowingly
worked on defective or unsafe machln-
cry, is now a dead letter.
The employee may know he is liable
to be hurt, and yet If he is injured, if
the employer has not used every means
to prevent the worker being hurt, the
injured man can recover, the court
holds.
1.-THE duty of the master has been
changed" says the court in unani
nous opinion. HE may no longer con
duct his business in his own way; he
may no longer use such machinery and
appliances as he chooses. The measure
of his duty is no longer reasonable care
to furnish a safe place and safe MA
chinery and tools, but in addition to
such reasonable care he must use in
his business the means and methods re
quired by the statute.
THE law does not leave to his judg
ment the reasonabeness of inclosing
or protecting dangerous machinery OF
permit him to expose to increased and
unlawful dangers such of his employees
as may be driven by force of circum-
stances to continue in his employ rath
err than leave it and take chances of
obtaining employment elsewhere under
lawful conditions.
THE guarding of the machinery men
toned in the statute is duty required
of the master for the protection Of his
workmen, and he owes the specific
duty to each person in his employ. TO
omit it is misdemeanOr subjecting
him to criminal prosecution. The ne
cesSity for such legislation is suggested
by a consideration of sentence from
the opinion in the Knisley case, which
says:
"There is no rule of public policy
which prevents an employee from de
Gliding whether, in view Of increased
wages. the difficulties of obtaining en-
ployment or other sufficient reasons, 1t
may not be wise and prudent to accept
employment subject to rule of obvious
risks
Notwithstanding the theoretical lib
erty of every person to contract for his
labor or services and his legal right
to abandon the employment if the con
ditions Of service are not satisfactory
practically. by stress of circumstances
poverty, the dependence of his family
scarcity of employment, competition or
other conditions. the laborer frequent.
ly has no choice but to accept employ
ment upon such terms and under such
conditions"
The case was that of John Streeter
of Aurora, who had three of his fingers
clipped off while working on a jointer
in the factory of the Western Wheeled
Scraper company at Aurora. Streeter
retained Attorney John X. Newhall
and started suit for damages in the
circuit court of Kane county.
The case was taken from the jury,
and the court decided that Streeter
could not recover, inasmuch as he had
assumed the risk" of his employment
An appeal was taken to the appellate
court of the Second district. This court
sustained the decision of the lower
court
The Illinois State Federation Of La
Dor now stepped in. President Edwin
r. Wright was determined that the
case should be carried higher up for
the purpose of testing the health, safe
ty and comfort act. Accordingly At
torney Samuel A. Harper was retained
by the State Federation of Labor, and
Mr.. Harper argued the case in the su-
preme court.
In his brief Attorney Harper showed
that the employers involved had fail
ed to guard the machine operated by
Streeter, clear violation of the stat
ute-President Taft's decision when
Judge was cited. This decision held
that employers who fail to comply with
criminal statutes cannot take refuge
behind the common law defenses.
The effect of the decision will be
that Streeter's suit for damages will
be remanded to the Kane county circuit
court for trial and that the employers
must find an entirely new line OF de
Tense. Indirectly the decision will
have the effect OF forcing every EN-
ployer in Illinois to properly guard his
machinery and make factories safer
places to work in. as that is the intent
of the statute,