tinues its opposition to the "riot ordin- is not a blessing, but a curse to the comance, passed by the city council, and munity. We shall presently reach the which denies a trial by jury in alleged position that the establishment which riot or inciting to riot cases. This legis does not pay the main bread-winner of lation was caused by the strike of rubber the family, whether man or woman, sufworkers, and gives a judge sole power to ficient wages for the support of the fameven construe a speech delivered by a ily, for the education of the children, in workingman as ground for conviction conditions of decency and comfort, with without according him a trial by jury. opportunity for rest and comfort, is a The ordinance was adopted over the type of industrial establishment that does vigorous protests of organized workers, not deserve to survive on American soil." who have directed their legislative committee to mail a copy to the state attorney general for an opinion on its constitutionality.

Face Strikes and Thefts.-The Colorado Fuel and Iron Company, whose union miners are now on strike, have discovered that employes are "padding" the "Hustling" Shortens Life. "In our payrolls, and large amounts have been hurry to have things done, we do not filched from the Rockefeller corporation. succeed-we blow up," is the view of On the heels of this discovery comes the Rev. A. Edwin Weigin, who declared, in announcement that the company's strikea recent speech in New York City, breakers are becoming restless and that: "The curse of this age is rush. It threaten to strike, because of wage remakes children old before their time; it ductions. wrecks men in the prime of their manhood, it shortens lives and fills the insane asylums, and on women it bears hardest of all." The speaker ridiculed the theory of rush, advocated by what he termed the "hustle trust."

These strike-breakers do not seem to appreciate the brand of "freedom" furnished them, and wage decreases have caused dissension and discussion in their ranks. The operators insist that wages have not been reduced, but say the rea"Do it now!' 'Get busy!' 'Step live- son for less wages is the fact that when ly!' 'Hustle' are the orders of the hour," the strike-breakers were first employed he said "and in these phrases lies the they were placed where the coal was greatest weakness of the age. Children mined the easiest. Since then the striketoday have no time for mud pies; they breakers have been placed in more inacmust be precocious little men and women, cessible places, which has reduced the must lead the life of adults. Their weekly tonnage per man from 5 to 20 per school work is a rush that leaves them cent less than a month ago. little education. The modern woman puts so much nervous energy into everything she does, and this rush scheme of existence is hardest on them. No great thing was ever done in a hurry," concluded the minister, "and yet we are so proud of being strenuous!"

Deals Only With Unions.-While endeavoring to adjust differences between the Savannah and Northwestern Railroad and their striking conductors, Judge W. L. Chambers, member of the Federal Board of Mediation and Conciliation, is quoted as saying: "I would not have reMinimum Wage a Public Issue.-In an turned to Savannah had the railroad not address in Memphis, Tenn., A. J. Mc- consented to recognize the conductors. I Kelvey, of Washington, said: "In our could not deal with them under any other present industrial system, save where the condition. This is the day of organizaworkers have become strong enough to tions. It matters not how small or how protect themselves through combinations large the railroad. Unless they were recagainst too great exploitations, the wage ognized as an organization, one would scale is based upon the necessity of the not be bound by any decision that might family for a bare subsistence. We are be made. The request for mediation beginning to correct this through the came from the conductors as a union, and minimum wage system. In this regard I could not mediate the differences exthe States of the far West have taught cept as a union." a valuable lesson to the older States of the East and South. We have come to the conclusion that the pay roll has become public property; that the industrial establishment which does not pay sufficient wages for the support of the individual worker in comfort and decency,

Denounces Tainted Money.-"Gifts of ill-gotten wealth should be cast into the teeth of the giver until he gives evidence of repentance and restitution," declared Edward A. Ross, professor of sociology in

the University of Wisconsin in a recent address in Chicago, Ill. "Such gifts cost society more than they are worth," he added. "The real fight to uplift humanity centers around the condition and the pay of labor, not upon reliance on private philanthropy."

Pensions For All or None.-Governor Walsh of Massachusetts has probably ended the practice of the State legislature donating State funds to the widows of court judges. In vetoing two bills appropriating funds for this purpose, the governor has established a precedent. In his message accompanying the vetoes, he said if the practice is a sound one a general law should be enacted providing for such a gratuity at the death of every employe of the State. He can see no distinction, he says, between a superior court justice and a laborer in the matter of providing a gratuity. In fact, he says that the reasons are stronger for the latter's widow receiving a gratuity.

was smallpox or diphtheria, early, almost immediately assuming an acute stage, the whole populace would rise up and demand laws and appropriations sufficient to provide adequate protection. But, since it is an insidious disease with which we are trying, or ought to be trying, to cope; a disease no one is willing until compelled to admit they have; a disease which ordinarily takes from three to eight years to develop unto death, only the few recognize the real danger in its presence in a community or any section of a community."

Evade Minimum Wage Law. Several firms in Seattle, Wash, are evading the State minimum wage law for women, which calls for a minimum rate of $10 a week for mercantile positions. The apprentice wage, under the law, is $6.50. A considerable number of girls who were receiving $8 and $9 before the law went into effect have been discharge. In some cases indirect offers have been made to the girls that they can secure positions as apprentices, which would mean that they would work a year for $6.50 a week. The Seattle Herald comments as follows on this situation: "How much farther this extends through the city, we are not prepared to say at this time, but there is evidently a decided move on by the emworse for their women workers than they ployers of the city to make matters even were before the minimum wage law went He says legislation of this kind will into effect. They will so work it that the lead eventually to determining on the apprentice wage will be the maximum wage." question of providing a gratuity in the cases of justices of the supreme court and all other courts, and would justify extension of the same generosity toward all State officials and thousands of clerks and employes in the various State departments and institutions.

"The Commonwealth deals generously with the justice of our courts," the governor insists. "They are given from two to three months' vacation each year; their tenure of office is for life; they are paid their full salaries during times of illness, no matter how long they are absent from their duties; and a liberal pension is provided for them after reaching the age limit fixed in the pension laws."

Against Child Labor.-Opposition to child labor and the exploitation of America's future citizens was recorded by the

Convention of the American Medical Association recently in convention at Atlantic City, N. J. It was agreed that State legislatures should restrict child labor by limiting the hours of employment and forbidding their employment at night and in hazardous occupations. The convention also favored a law requiring labels on lye and cleansing preparations which have caused death and injury to children, and urged the standardization of milk supplies in cities.

White Plague's Harvest.-A "highly infectious disease" was the term used by Secretary Torsleff, Secretary of the Maine Anti-Tuberculosis Society, in an address to the State Universalist Convention on the necessity of combating this disease. The speaker said the problem is not an individual one. The victim is a center of infection for members of the family, and indeed for the whole neighborhood. It is Non-Unionists Leave.-It is reported most emphatically a social problem. It that large numbers of non-union miners is a matter of environment, of housing, of sanitation, as well as of education; therefore a public matter.

"This plague is reaping a death harvest of nearly 1,000 annually in Maine," continued Mr. Torsleff, "and this loss of life, with an annual money loss of practically $800,000 for our State. If the disease

are leaving Colorado's strike-bound district, and mine owners are at their wits' ends to stop the exodus. Extra inducements are being made to the men to stay, but the numerous deaths, poor food, small wages, and bad working conditions have strengthened the men in their determination to leave. The conditions in the camps

have not improved since the strike. Men are brought into the mining region under false promises but quickly become dissatisfied and are leaving in groups of from 10 to 20.

five per cent of the agents are women, who work twelve consecutive hours in the summer season, and average seven days a week. One worker wrote the Commission as follows:

"The company has what they call a 'Relief association,' which I call plain extortion. They deduct from the salary of Work Long Hours. The unorganized each man in this association from 75 workers on New York City's elevated rail- cents to $1.50 each month, and all we roads are compelled to work unreasonable know about this is what we read in a hours. The State Factory Investigation fake bulletin that the company publishes Commission was told that on the night each month booming themselves. Then shift twelve hours is the rule and the pay they tell us that everything is for the is from 12 to 17 cents an hour. Ninety- benefit of their employes."

Contributed

PROPOSED AMENDMENTS TO FEDERAL EMPLOYERS' LIABILITY LAW

By JAMES C. McSHANE, Attorney at Law, Chicago.

A bill which I drafted at the request even though his general employment reof the National Legislative Representa- quires him to handle indiscriminately tives of the Brotherhood of Locomotive both interstate and intrastate traffic. Engineers, Order of Railway Conductors, This decision, in my judgment, excludes Brotherhood of Locomotive Firemen and from the benefits of the Act fully oneEnginemen and Brotherhood of Railroad half of all enginemen and trainmen, who Trainmen jointly, and which they have are injured, and who, it was heretofore had introduced in Congress as H. R. supposed, were entitled to the benefits of 17020, will, I think, if enacted, give the the Act. Federal Employers' Liability Law the If my proposed amendment to Section same force and effect in all particu- One is adopted that section which prelars as an instrumentality for the pro- scribes the persons entitled to the benetection of the interests of railroad men fits of the Act will read: that it was believed to have had prior to its impairment by the United States Supreme Court decisions of April 27th last rendered in the Behrens and Horton

cases.

"Any person suffering injury while he is employed by such carrier in such commerce, (or while he is employed by such carrier in any work or service that has a real or substantial direct relation to such commerce.)"

The amendment does not omit any of the previous provisions of the section but consists solely in adding the words above shown in brackets.

The decision in the Behrens case holds in substance that train service employes are not entitled to the benefits of the Act unless they are actually engaged in the movement of interstate cars at the time of their injury. Fully one-half of all the The Behrens case holds that railroad cars which enginemen or trainmen usu- employes, whose regular work requires interally handle are being moved on intra- them to indiscriminately handle state journeys, that is to say, between state and intrastate traffic, are engaged two points in the same State, and un- in work which has a real or substantial and commerce, der the decision in the Behrens case a relation to interstate man injured, while handling such cars, is hence that it was within the power of not entitled to the benefits of the Act, Congress to include such men within the

Act, but that they were not so included sioned, he should have quit the employby the wording of the Act. ment; and it is so held, notwithstanding Congress only has the right to legislate it is a matter of common knowledge that in reference to interstate commerce, or the necessities of employes are usually such matters, or things, as have a real such that they cannot afford to throw up and substantial relation to interstate their positions, and especially when they commmerce, and in order to make the have no assurance that their next emAct as broad as possible, I inserted the ployer may not be equally indifferent to clause, above shown in brackets, and their safety. Under this and similar which, if adopted will bring within the rules, the fault of the guilty employer is benefits of the Act all railroad employes visited upon the innocent victim. Laws in reference to whom Congress has the like this are a reproach to our civilizaright to legislate. In other words, by the tion, and yet they are daily enforced in use of these words Congress will exert its our courts. fullest powers in this regard.

In the Horton decision it was held that

the common law doctrine of "assumed

Government Ownership of Railroads as Seen by a Fireman.

risk" is a defense which railroad companies can invoke in all cases which come within the provisioins of the Act. It Government ownership of railroads is was supposed by most lawyers, and it a subject that is being widely discussed had been held by many courts, that the in labor magazines and also in magazines defense of "assumed risk" was not avail- that are controlled by capitalists. It is able to the carrier under the provisions a question that is being seriously conof the Act; but, of course, the decision of the Supreme Court is decisive upon the question.

The amendment to Section Four which I proposed, that being the section which covers this subject, was and is to the effect that the "employe shall not be held to have assumed the risks of his employment in any case where the negligence of such carrier, or any of its officers, agents, or employes contributed to the injury or death of such employe." The adoption of this amendment would eliminate the defense of "assumed risk" in all cases where a railroad employe is injured through the negligence of the company, or any of its officers, agents or employes.

sidered by all classes of people, and the conclusions reached by me in regard to public ownership of railroads are based upon articles published in the daily press, a limited number of statistics, and on the result of putting two and two together, which all goes to show that gov ernment ownership of railroads is a subject that is worthy of consideration, especially to the working class.

It is not my intention to discuss the different things that are making government ownership of railroads essential, but to give my views as to what bearing it would have on the labor problem, and to what extent it would benefit the railroad man in all classes of service.

Government ownership in the true sense of the term, would mean that the railroads would be operated by the people, and for the people. Under government ownership profit would be a thing of minor importance, instead of being the paramount question as it is today under private ownership and corporation control.

There are many rules of law governing the relation of master and servant, that are unjust to the employe, but none more so than this doctrine of "assumed risk." Under this rule, if the employer, either negligently or intentionally fails to perform its duty to furnish the employe a safe track, engine, car, or other instrumentality, with which to work, and Public ownership, as I see it, will the employe is thereby injured or killed, benefit all classes of railroad labor, and the employe, or his widow and children, will benefit the general public, in the in the event of his death, cannot recover matter of decreasing the cost of living. compensation from the employer, pro- Statistics show that the high cost of livvided the employe knew, or might have ing can to a considerable extent be diknown of such failure, or neglect, rectly traced to high transportation charges. These high

upon the part of the employer. The emtransportation charges would be greatly reduced under ploye, or his widow and children, are government ownership and only fair and denied relief in such cases, upon the equitable rates would be charged. Pubground that when the employe learned lic ownership would eliminate the presor might have learned of the employer's ent practice of discriminating between fault, if he was unwilling to expose him- persons and localities. It would also self to the risk or danger thereby occa- stop the enormous waste of money now

used by the railroads in competition for lieve the public would demand an inbusiness, for under government owner- vestigation of these matters, and each ship there would be no competition. It and every employe would receive that would "squeeze the sponge" and the pub- compensation to which his position lic would have to pay only a fair and would justly entitle him, and this comequitable dividend on actual valuation, pensation would not be based wholly upinstead of paying dividends on stock that on the manual labor he performs, but his is, conservatively estimated, watered responsibilities and qualifications would anywhere from 10 to 35 per cent. be taken into consideration.

However I am getting away from the subject that I originally intended to discuss, viz.: the effect of government ownership on the railroad laborer. When I say laborer, I mean every man from the engineman to the lowest paid day lab

orer.

I believe that the work would be made much safer under government ownership, inasmuch as the safety appliance acts and hours of service law would be lived up to literally, making the work of train service employes less hazardous, whereas, under existing conditions they Statistics show that the average year- are violated in many instances. The Inly wages of the men in railroad employ- terstate Commerce Commission collects ment, outside of men in train service, annually many thousands of dollars in is $525 or $43.75 per month. If this fines from the different railroad systems be true it is hard to see how these men in the country for violations of these exist. Under government ownership I laws. firmly believe that this class of labor would receive at least a living wage.

We will now take the men in train service. Without fear of successful contradiction I say that taking into consideration their responsibilities and the qualifications they must possess these men are the poorest paid class of skilled labor in existence, and I feel sure that if the public in general knew one-half of what these employes of the railroads had to contend with, it would not so readily, criticise them when they ask for an increase in wages and better working conditions.

Government employes with few exceptions are well paid and have good working conditions, and under public ownership of railroads I can see the railroad man's dream of an eight-hour day and time and a half for over-time, come true.

You will find a few skeptics who will say that the government cannot handle the railroads successfully, but the same was said of the parcel-post, and yet how well it is being handled by the Government is ample proof that the Government can operate the railroads, if they are handled on the same business like principles as is the parcel-post.

The fireman on most of the roads is There should be no competition in pubbeing held almost equally responsible lic utilities, and in order to accomplish with the engineer for the safe movement this, all public utilities should be under of trains. This together with the man- the control and direction of one comual labor he performs makes him the pany and that company should be the most underpaid employe in railroad serv- public.