The herald., 1913-07-31
JUSTICE FOR Toll.
Industrial 3etterment by Aid of
National Laws.
WELFARE OF THE WORKERS.

Hdh cost ol our INDUSTRIAL aCNleNe-
mentS and urged that there can be
no equality of opporrunty-the first
essential Of justice in the body polite
if men and women and children be
not shielded in their lives their very
vitality. from the consequences of
great industrial and social processes
which they cannot alter. control or
Siugly cope with
Can the national government. through
its constitutional power TO regulate in
terstatc commerce. remedy the condi-
tiOnS the president describes? The
first great decision of the supreme
court constituting that power broadly
came in lS24 After hearing the argu-
ment of Daniel Webster the court de
MED the authority of New York state
To grant exclusive navigation rights on
the Hudson river to steamboats, built
under Fultou'S patents.
Then came Il long list of decisions
holding that vessels. crews. bridges,
railways. engines. ears. passengers.
freight rates. safety appliances, tele-
graph lines. hours of labor and en-
plOyers' liability are subject to national
regulation where Interstate commerce
is involved.
Broad definition of commerce" has
been followed more recently 10y dcci-
sionS that the power TO regulate"
may cover the prohibition of evil.
The great railways. steamship lines
and manufacturing and distributing
corporations all do Interstate business
Millions of men and women are en-
gagged with the railways. the steam
ship lines. the steel companies. the
wholesale stores ana the great manu-
featuring industries of the country
Many of these employees work twelve
hours a day and seven days week.
while many other worthy citizens find
ii difficult TO get any work at all. so
unevenly is work distributed.
Is il not plain that all these employ
erS and these labOrerS should have
some more uniform and just rule of
law to govern their relations TO each
other and To their work? Should it
not be possible to take all the model
laws and from them frame a national
act that will cover the permissible
hours and days of labor for men. wO-
men and children. the permissible san
itary conditions for them, the per-
misSihle conditions for them as to safe
ty and that will prescribe what com
pensation shall be received by them
in case of injury or by those who come
after them in case of their death?
Should il not be possible to prepare
legislation definite and clear enough to
enable the injured employee or his wild
ow if he dies easily to determine
what his or her rights are in order
that without the Intervention Of an
insurance company or a lawyer q fair
settlement may be made with the en-
| ployer? After giving reasonable time
in which TO make such settlements and
providing that settlements brought
about by fraud or unfairness shall be
void should not such legislation pro-
vide for Il competent adjuster in each
| federal district appointed by the judge
who shall take proof as to the facts in
| case of dispute and report to the court
his opinion rs to liability? IL law
! yer or claim agent is engaged should
not his compensation be subject to the
action Of the court, that the injustice
of a 80 per cent contingent fee for
merely making a settlement or con-
Quoting an easy case shall no longer be
possible?
If we had such statute applying to
all corporations substantially engaged
| in interstate commerce and all such
corporations were compelled to file
within a reasonable time their written
assent to its terms Of liability or be
prohibited from engaging in interstate
commerce it is not difficult to believe
that an immense amount of injustice
and litigation could be avoided.
Doubtless such statute cannot be
| drawn in a day. 1t will require the
mature consideration Of labor leaders
and employers of labor and the most
experienced and broad minded counsel
that each can bring to its considera-
| ton. There have been objections In the
| past and there will be objections in the
| future to any such legislation because
| of state rights
Right or wrong. however. the consti-
tuition of the United States. the dec.-
sions to which we have called atten-
ton and the business conditions of to-
| day have made ii impossible properly
to settle this broad question by ap-
| pealing first to one state and then an
other
In the welfare of the workers in in
| terstate commerce. however. we have
a matter of national concern. and 1t
can he adequately dealt with only by
| national law. Upon no other basis can
the employers and employees be put
on equal terms with each other every
where In interstate commerce. If the
relation OF employers and employees
| to each other in interstate commerce
is thus regulated by national law the
| states. in self defense. will be CON-
PEELED to adopt substantially the same
regulations. 1t is only just and right
that subject of national importance
| and scope should be settled by nation
al law. and ii is doubtful if it will even
be settled right by any Legislation