Among the excellent laws which the Congress past at the last session was an employers’ liability law.  It was a marked step in advance to get the recognition of employers’ liability on the statute books; but the law did not go far enough.  In spite of all precautions exercised by employers there are unavoidable accidents and even deaths involved in nearly every line of business connected with the mechanic arts.  This inevitable sacrifice of life may be reduced to a minimum, but it can not be completely eliminated.  It is a great social injustice to compel the employee, or rather the family of the killed or disabled victim, to bear the entire burden of such an inevitable sacrifice.  In other words, society shirks its duty by laying the whole cost on the victim, whereas the injury comes from what may be called the legitimate risks of the trade.  Compensation for accidents or deaths due in any line of industry to the actual conditions under which that industry is carried on, should be paid by that portion of the community for the benefit of which the industry is carried on—­that is, by those who profit by the industry.  If the entire trade risk is placed upon the employer he will promptly and properly add it to the legitimate cost of production and assess it proportionately upon the consumers of his commodity.  It is therefore clear to my mind that the law should place this entire “risk of a trade” upon the employer.  Neither the Federal law, nor, as far as I am informed, the State laws dealing with the question of employers’ liability are sufficiently thoroughgoing.  The Federal law should of course include employees in navy-yards, arsenals, and the like.

The commission appointed by the President October 16, 1902, at the request of both the anthracite coal operators and miners, to inquire into, consider, and pass upon the questions in controversy in connection with the strike in the anthracite regions of Pennsylvania and the causes out of which the controversy arose, in their report, findings, and award exprest the belief “that the State and Federal governments should provide the machinery for what may be called the compulsory investigation of controversies between employers and employees when they arise.”  This expression of belief is deserving of the favorable consideration of the Congress and the enactment of its provisions into law.  A bill has already been introduced to this end.

Records show that during the twenty years from January 1, 1881, to, December 31, 1900, there were strikes affecting 117,509 establishments, and 6,105,694 employees were thrown out of employment.  During the same period there were 1,005 lockouts, involving nearly 10,000 establishments, throwing over one million people out of employment.  These strikes and lockouts involved an estimated loss to employees of $307,000,000 and to employers of $143,000,000, a total of $450,000,000.  The public suffered directly and indirectly probably as great additional loss.  But the money loss, great as it was, did not measure the anguish and suffering endured by the wives and children of employees whose pay stopt when their work stopt, or the disastrous effect of the strike or lockout upon the business of employers, or the increase in the cost of products and the inconvenience and loss to the public.