Evening journal., 1916-01-27

WITHOUT Wnlcn society ltSeI cOuld not
be maintained or progress, and for
which in return the toilers demand
that there shall be such reward
given for that service as shall be
commensurate with il, and give the
opportunity for the cultivation and
development OF the American standard
of life. the American home. the Amer
ican understanding OF obligations, as
well as the assertion of rights.
"llow this Interpretation of contribu
tory negligence, of assumption Of risk
and fellow servants came was in case
before an English court where two men,
sitting ON cart owned by butcher, in
which there were quite a large number
OF carcasses Of slaughtered cattle, by
reason of the fact that one of the two
servants became injured aud the court
held in its decision that il was an as
sumption of risk on the part of the EN-
ploye; that it was contributory negli
gence, and that il was the act Of fell
low-servant. Hence there could be no
recovery. because of that accident. That
Interpretation, that decision has been
held and enlarged upon and extended
by the courts ever since until il has
been applied TO cases, for instance, of
men operating a railroad train, the en-
gineer. the fireman, the conductor, the
trainmen, all of them, perhaps, hurled
into eternity by an accident. An acci-
dent caused by what? liy a telegraph
operator probably two or three hundred
miles away, whom the engineer, the
fireman and conductor and trainmen
never saw and do not know; and be-
cause il was fellow servants error,
the families of the men killed or maimed
could not recover. II was the asSump
tion of risk; it was the fellow servants
who were primarily responsible I'm
this, Of course, ! am not going into de-
tails. I am using an illustration Of the
character Of tue Interpretation of the
law Of the responsibility Of employers
for injuries to woriImen.
"Now, we believe that the conscience
Of the people has been aroused--em-
ploycrs and business men, the publieists
as we'll as wOrkers--to the conception
that either the industry must bear or
the people must bear the responsibilities
of the accidents Of industry and Of com
meree.
"a few months ago the New York
Commission on Workmen's Compensa-
tion gave out a table Of figures and
made statements showing that after the
fourth hour of the mornings work, or
after the>fourth hour of the afternoon's 's
work Of any given day, the largest and
overwhelming number Of industrial acci-
dents occur. In other words, il is not
negligence; IL is not fellow servants; IL
is due 10 fatigue and overstrsin in labor
that the manning and the killing Of so
large a number of men is brought about.
And incidentally 7 may say that that re-
port also dissipates the charge that
there are more accidents occurring 10
workmen on Monday than on any other
day Of the week. The report Of the
commission shows that that is untrue.
IT have given so much thought and
time OF you gentlemen and myself TO
a discussion. even lengthy as II may
have been. yet all too short for a clear
| presentation of II. simply to say this:
That il there be in Delaware the un-
| derstanding and the conviction, as
there appears to be in this hall to-
night among the men who are here,
as has been expressed in the letter
by Senator Salisbury. that there
ought to be worhmen's compensation
I'm Delaware instead Of employers liza
bility, with better, clearer, and more
general and liberal understanding of
what such law should be. II you
are but determined that Il shall be
done Delaware will have, before
many moons have come and gone, a
workmen's compensation law upon its
statute books. (Applause)
'I have referred to the progress the
labor movement has made in some OF
the struggles it has undertaken. Per-
haps one Of the greatest pieces OF
legislation ever enacted in the history
Of the world was enacted when the
President Of the United States afixed
his signature to the Clayton law, DC.
tober Is, 1914. the labor provisions
OF which are such as labor has beer
demanding for all these many years
! shall not attempt at this late houi
ever to refer to the many provisions
OF that law, but simply to give thes'
few references. 70 regulates and linn
! its the issuance and therefore re
moves the abuses of the issuance o
the writ OF injunction and brings i
, back to its beneficent function ant
province, and does not permit IL to b.
> utilized TO enforce personal relatiOn
between employer and employees. ]
regulates and restores the right o
trial by jury, and il enacts as tn
, first sentence of Section 6 OF that law
| that the labor of a human being i
not a commodity or an article o
! commerce. that the human soul ant
, the human heart cannot be weighe'
| upon the same scales with a ton o
: coal. (Applause.) II was the great
p est declaration of human rights Il
l the history of the world. II gives lif
4 and meaning and purpose TO the Dec
: laration Of Independence and OF tn
= unalienable rights Of man.
There is so much to say about on
own country, our own labor move
ment. but I shall not dwell upon
more than few minutes longer, 70
, | desire to mention just another sui
iect. Every improvement in the con
dition OF the masses of the peopl
and the masses are the working pee
ple-must bring greater prosperity I
the employers and the community
our whole life. And industry an
commerce can receive no create
permanent impetus and growth tha
& through the constant improvement !
the condition Of the masses Of ou
people.
81 said that wanted 10 refer
another subject. ] have i'm mind a re
erence made to this awful confiagr
tiOn now in Europe-this tremendot
titanic struggle of peoples who, unit
two years ago, we're vying with eaC
other to fathOm almost the secrets