The Wageworker. (Lincoln, Neb.) 1904-????, November 11, 1910, Image 12
HELP FORJOILERS Minnesota Likely to Pass Em ployers' Liability Law. IN HANDS GF COMMISSION. Constitutionality of Such Legislation Practically Settled by Decisions of New York and Federal Courts View of Judge Brcwn. Wheu the subject of a workinguien's compensation act was before the last legislature It was the prevailing opin ion any antagonistic view was bo small as to be negligible that the pro posed enactment should provide for the compensation of every injury sustain ed by an employee, the question of blame or fault on either side to be eliminated. It was simply a matter of providing suitable compensation for injury where there was no fault on the part of the employer and no serious or willful misconduct on the part of the employee iu occupations where danger is inherent from the use of power and machinery. The difficulty of.preparing anything like a scale and at the same time of securiug a uniformity that would uot discriminate against- em ployers in Minnesota in competition with other states led to the reference of the entire subject to a commission which is expected to report to the next legislature. The. possible unconstitutionality of an act of this character was hinted at rather than proclaimed. The cotnuiou law provides no available remedy for injuries occasioned by industrial acci dents not attributable to the negligence of the employer, and it was questioned whether the legislature had the power, under our system of constitutional gov ernment, to write this English provi sion into a statute. This point has aris en in a case in New York state, where such a law is in force, and the supreme court of that state has sustained Its constitutionality. It was set up by the railway defendant that not only had the legislature exceeded its powers in the act, but that its terms deprived the railway company of its liberty and property without due process of law and denied it the equal protection of the law in contravention of the four teenth amendment to the constitution. Upon all questions involved the court ruled against the railway and sus tained the law. It holds the legisla ture may amend or repeal the com uiou law and may provide remedies where relief under the common law is impossible. It says the cases relied upon by the railway merely point Out the shifting character of the border line between the statutes which are upheld by the court as being a legiti mate exercise of the legislative power to pass all manner of necessary and ' wholesome acts for the protection and well being of the public, although such acts interfere with personal liberty and the right to do as one will with his own, and the statutes which are held by the courts to be unwarranta ble interference. Emphasis is laid upon this finding of Justice Browu of the federal supreme court: "While the cardinal principles of Justice are immutable, the methods by which justice is administered are subject to constant fluctuation, and the constitution of the United States, which is necessarily and to a large ex tent inflexible and exceedingly difficult of amendment, should not be so con strued as to deprive the states of the power to so amend their laws as to make them conform to the wishes of t h ec 1 1 i Ktus. as.Xke mJ,v.-djQmbt.fP1' i (he public welfare wTthouT "bringing them into conflict with the supreme law of the land." ; ' There will be no opportunity for the flual adjudication of this case before the Minnesota legislature reaches con- sideration of the subject. The New York statute has been used as a model for parallel laws by other states, and the decision of the supreme court of New York will be taken as strength ening the principle upon which it Is based. St. Paul Dispatch. tSMUSSt Growth of the A. F. of L. The American Federation of Labor will convene in St. Louis on Nov. 14. Two large bodies have cast their lot with the American Federation of La bor since the last convention, the Brotherhood of Railway Carmen and the Western Federation of Miners. Two hundred and thirty-three charters have been issued to new bodies against 111 for the previous year. Ninety eight were local unions, sixty -six fed eral labor unions, fifty-seven central labor bodies, one international union and one state branch. The amount re ceived was $288.J44.43: the expendi tures were $119,290.48, leaving a bal ance of $168,717.95. LABOR'S MIGHTY ARMY. There are affiliated to the American Federation of Labor 120 international trade unions. V with their 27.000 local unions; 39 state federations. t32 city central bodies and GtSS local trade and federal labor unions having no internationals. There are 1.456 volunteer and special organizers, as well as the r, a. 1 . ' a c il. ouiceis oi me uiiiuun aim oi me T American Federation of Labor f itself, always willing and anx- 4" X ious to aid their fellow work- ! men to organize and iu every 4 other way better their condi- i T tions. . : .. ft .. .f ! t : U. S. TO AID OTIS. Proof that Secretary Knox has put the entire secret service of the State department . at the disposal of the Los Angeles Times, in the attempt to fasten a charge of dynamiting upon organized labor, has just been made public through a leak in the office of Governor Gillett of California. Knox had intended to keep his activity a matter of complete .secrecy and is reported to have furiously denounced tho stupidity of Gillett in allowing the contents of private telegrams to get into the hands of newspaper ,men. The exposure of Knox's sleuth work came with the arrest and demand for extradition of -three men in a schooner in the harbor of Acapuleo, Mexico,' whom the Secretary of State is trying to connect with the Times explosion. That these men have no connection whatsoever with the Los Angeles cat astrophe and that the wild stories of the Pinkertons employed on the job by Otis has caused the man-hunt to turn in despair to Mexico because noth ing has been discovered in the United States, is the opinion of labor leaders in Washington who are keeping in close touch with the entireNcase. The action of the Secretary of State being without precedent in turning his office into a private detective agency, and so plain in its bias tagainst organized labor, that the matter will oe the sub ject of deqjand for a Congressioa&J in vestigation at he mext session, LINCOLN SHOE CO. Lincoln's Popular Priced Shoe Store Up-To-Date and Durable Shoes for Men, Women and Children Shoes to meet every requirement at the lowest prices. Large Line of Union Made Shoes. See Our SHOW WINDOW 1 Lincoln Shoe Co. John E. Craig, Mgr. 1144 O St. SHOES FOR Everybody CAPITAL ' GOAL High Grade Coal At Moderate Price ' $1 .75 per ton Is Worth Saving UTCHINS & HYATT CO. STEREOTYPING FOR THE TRADE Cuts Duplicated ar.d Mounted. Nothing in my line I cannot do. Estimates Furnished. Satisfac tion Guaranteed. B. E. LARGE Eleventh & Q Sts. For C - O - A'-.L 1528 O frmref, nit yjmj. r. v. fftf. r. ' rtmr. fi u f M . W 9 - M m M ' M MM T T mT W M f M M M ' m W M M MW ' Mf M m f M M. MM. W M L I m . J H kll" H i