The labor journal. [volume] (Everett, Wash.) 1909-1976, 1913-04-11
JUSTICE FOR Toll.
Industrial Betterment by Aid of
National Laws.
WELFARE OF THE WORKERS.
Federal Government Through Its Pow
er to Regulate Interstate Commerce
May Remedy Existing Evils-Need of
Comprehensive Legislation.

1
Comprehensive Legislation.
The stirring words of President Will
sons inaugural pointed out the thu
man cost" of our industrial achieve
ments and urged that there can be
no equality of opportunity-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
singly cope with
Can the national government. through
its constitutional power to regulate in
terstate commerce, remedy the condi-
tons the president describes? The
first great decision of the supreme
court constituting that power broadly
came in 1924. 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 Fulton's patents.
Then came a long list of decisions
holding that vessels, crews. bridges.
railways, engines, cars, 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 by deci-
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 and the great manu-
featuring industries Of the country.
Many of these employees work twelve
hours day and seven days week.
while many other worthy citizens find
it difficult to get any work at all, so
nnevenly is work distributed.
Is it 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-
missible conditions for them as to safe
~ 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 it 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 lawyer fair
settlement may be made with the en-
ployer? After giving a 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 a 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 as to liability? If law
yer or claim agent is engaged should
not his compensation be subject to the
action of the court. that the injustice
of u 90 per cent contingent fee for
merely making a settlement or con
Quoting an easy case shall no longer be
| possible?
If we had such a statute applying to
all corporations Substantially engaged
! in Interstate commerce and all such
corporations were compelled to file
within reasonable time their written
assent to its terms of liability or be
rohibited from engaging in interstate
ommerce it Is not difficult to believe
hat an immense amount of injustice
nd litigation could be avoided.
Doubtless such a statute cannot be
Drawn in day. 1t will require the
nature consideration of labor leaders
nd employers of labor and the most
Experienced and broad minded counsel
hat each can bring to its considera
ion. There have been objections in the
laSl and there will be objections in the
uture to any such legislation because
# state rights
Right or wrong. however. the 'consti-
tuition of the United States. the deci-
sions to which we have called atten-
ion and the business conditions of to-
lRlay have made it 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
matter of national concern. and it
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
rrntiOu of pmDlOVerS and emDloyees