Men have lived under the present system of laws for many months, and under many of our laws and our general system of jurisprudence for over a hundred years in this country, and it would do no harm, when we undertake to enact legislation of this kind, to ascertain whether it be true that a legal miracle has been brought forth, one which is incapable of improvement by amendment, one to which the collective intelligence of this body can not add a single paragraph of virtue. one in which the collective intelligence of this body can not discover a single flaw, a bill so miraculously drawn that it is concurred in by the presidents of railroads, by the attorneys for railroads, by the claim agents of railroads, without a dissenting voice, and it is claimed is concurred in by the

united voice of labor.

Senators, that feat has never yet been accomplished in this world. That feat will never be accomplished if you give time for discusion.

We are forced to conclude that this measure suits the railroads. It suits them now, and why should it not? It takes these men out of the State courts, where before they have had some measure of protection. It puts them under the control exclusively of the Federal courts, that have always been the city of refuge toward which every railway attorney turned his longing eyes when he had to defend a suit brought by a poor fellow whose arms or legs had been crushed or mangled through the company's negligence.

Where are your railroad officials now with their protests? Where now their bribe money? Where now their claim agents? Where now their lobby? They are sitting complacently back, content that this bill shall become a law. Why should they not be content? It will save them millions of dollars, and it will put them under the control and protection of the Federal courts where they have always longed to go, and to escape which the railroad employes for years have fought and struggled and contended until at last they put upon the statute books a law which permitted them to file their suits in the State court and to stay there. That law is not yet two years old. In fact. it is practically only three months old, because it is only three months since it was finally approved by the United States Supreme Court.

®

How to Secure Needed Labor Legislation.*

If organized labor is ever to exercise much influence in the enactment of laws for the benefit of the wage-worker, the coming together of the various orders in a common understanding looking to the attainment of the desired end is the very first requisite.

I do not mean the consolidation, but the marshaling of forces, the orderly and advantageous planting of the field batteries of every division, to work in harmony and unison with all allies and thus play upon the enemy, not the cumulative assembling of all ammunition in one heap to be touched off with a tremendous explosion.

Such exhibitions are spectacular in the extreme and very entertaining, like the display of fireworks at a great celebration, but disappear in the darkness with noise and smoke.

No gun located at our national capital can possibly be made large enough to throw a projectile across the country, nor shake the four corners of the republic, nor be heard in all the land.

The same applies, but in a less degree, with respect to the States.

I would rather depend upon small arms at close range.

Discarding now the figure and clinging to the fact, assuming that all individual effort is concentrated to the same end or purpose:

When legislative and executive candidates, whether municipal, State or national, announce themselves for nomination to any office, every lodge within the district or constituency of such candidates should send them an official communication, setting forth the views and wishes of the lodge, and requesting a public declaration of principles. Members will then know who to cast their votes for at the primaries.

The primaries over, the information theretofore obtained will be your guide at the general election.

The general election over, if your candidate has been successful, a congratulatory letter, ending with a reminder of *By A. A. Graham, Topeka, Kas,

his pre-election pledges, will be in order, because men soon forget, particularly after suc

cess.

If a municipality, the local lodges will then be in a position to take up, at any time, the matters of importance to the wage-worker, as occasion or necessity may arise.

If a State, then on the convening of the Legislature and during the session, as occasion seems to demand, the Governor, by all the lodges of the State, and the members of the legislature, by all the lodges of their respective districts, should be memorialized by another communication, repeating their wants, accompanied by a direction, because these officials are now the servants of the people and must take orders.

If the nation, then the President, by all the lodges in the United States, and the Senators and Representatives, by all the lodges of their respective districts, should be handled in a manner similar to the States.

Legislative agents and committees on the ground would help out and be like superintendents to see that your cause was pushed.

By such a method, I believe, organized labor would become the balance of political power and be able to readily secure needed laws without actually entering into politics as the ally or opponent of any faction or party. Your hold thus secured upon the individual would make him obey you, irrespective of his party affiliation, because his election or defeat would be in your hands.

Any apparent necessity for the organization of a new party, always a doubtful expedient, seldom a success, and never desirable, would also be thus avoided.

Making a Flying Switch Across Pathway.For a railroad company to make a flying switch in the yards across a pathway which its employes were accustomed to use in going to and from their boarding houses, to the knowledge of the company, at about the hour when they would be using it, without stationing anybody upon the cars so switched to give warning and keep them in control, and without ringing the bell or giving any signal, is negligence.-Farris v. Southern Ry. Co.. 66 S. E. (N. C.) 457.

Safe Place to Work.-The rule which obligates a master to furnish his servant a reasonably safe place to work applies to railroad companies in the care and maintenance of their tracks and other places in and on which their servants work. Gordon v. Chicago, R. I. & P. R. Co., 123 N. W. (Iowa) 762.

The degree of care required of a master in furnishing a safe place for work does not depend on the grade of the employment, but on the character of the place and of the service to be performed. Texas & P. Ry. Co. v. Tuck, 123 S. W. (Texas) 406.

Release. If a railroad company, which obtained a settlement of the claim of an injured person when he was in a weak mental and physical condition resulting from the injuries, and incapable of knowing the extent of his injuries, and when he was alone, without counsel or advisers, knew his condition, and induced and unduly influenced him to make the settlement and accept a check for a sum grossly less than would be a fair compensation, the settlement would be invalid for fraud.-Louisville & N. R. Co. v. Huffstutler, 50 So. (Ala.) 146.

Contributory Negligence.-Where an employe knowingly selects a dangerous mode of work, when a safer one is apparent, and is thereby injured, he can not recover.-Richardson v. St. Louis & H. Ry. Co., 123 S. W. (Mo.) 22.

Whether a servant has been guilty of such contributory negligence as precludes a recovery for his death depends on whether he acted otherwise than an oract under the same or similar circumact under the same or similar circumstances, and, if so, whether his acts or omissions so varying from such standard of prudence proximately caused the injury. Clary v. Chicago, M. & St. P. Ry. Co., 123 N. W. (Wis.) 649.

Safe Appliances.-An employer must not only exercise ordinary care to furnish appliances reasonably fit for the purposes intended, but must exercise such care in maintaining them in a reasonably safe condition for use.-Chicago, I. & L. Ry. Co. v. Wilfong, 90 N. E. (Ind.) 307.

Since a master is only required to use reasonable care to provide for the safety of his servant according to the character of the business, a railroad company was

not negligent in providing a road engine instead of a switch engine for the doing of certain switching in a railroad yard, in the doing of which plaintiff was injured; the road engine being reasonably safe for such purpose when handled with ordinary care, though not as convenient or as well adapted to the work as a switch engine.-Shohoney v. Quincy, O. & K. C. Ry. Co., 122 S. W. (Mo.) 1025.

Duty of Trainmen.-Operation of a regular freight train through yard limits on a foggy day at a speed of 25 or 30 miles an hour, in violation of a rule requiring that all trains move under perfect control within such limits so as to make an accident impossible, resulting in a collision with a switch engine and cars, and the death of plaintiff's intestate in charge of the switch engine, was negligence on the part of the freight crew.-Clary v. Chicago, M. & St. P. Ry. Co., 123 N. W. (Wis.) 649.

An engineer approaching a crossing may assume that a traveler will stop before driving on the track in front of a moving train, and he may proceed with the train until he discovers that the traveler is not going to stop; and the railroad is not liable for injuries to the traveler struck by the train where it was too late to avoid the collision, provided the engineer, after the discovery of the peril, exercised due care in using the means within his power to avoid the accident.Garrison v. St. Louis, I. M. & S. Ry. Co., 123 S. W. (Ark.) 657.

Urges Increase for Teachers.

The United States Bureau of Education is about to issue a pamphlet in which an urgent plea is made for an increase in the salaries now being paid instructors in public institutions of learning. The report deals with the years 1900-1910, inclusive, and calls attention to the fact that although the salaries of male instructors were increased 38 per cent. in that time, and the salaries of female teachers 27 per cent., the average wage is about $300 per year, or less than $10 a week. The Commissioner of Education maintains that it is impossible to procure competent teachers at such menial wages. In most of the States less than 10 per cent. of the teachers have had the advantage of university training.

Elect Trade Union Congressmen.

The following is from an editorial by Samuel Gompers, President of the American Federation of Labor, which appears under the above heading in the June issue of the American Federationist:

Fifteen members of the United States House of Representatives are trade unionists in good standing in their respective unions. The achievement of this remarkable result of three Congressional campaigns typifies the aggressiveness of the trade unionists in the Congressional districts from which these members were elected, and emphasizes the potency of well directed trade union effort.

The year 1906 marked a concerted movement of organized labor into the field of national politics-not for the purpose of promoting the interests of any political party, but to secure representation in the popular branch of Congress by the election of trade unionists without regard to the political party with which they affiliated.

The controlling motive which crystallized into action the political activity of organized labor was the fact that the courts persistently increased their jurisdiction and usurpation, and continued issuing their injunctions in greatly aggravated form, invading the rights and liberty of the workers, and denying the equality before the law guaranteed by the Constitution. Congress had not only been apathetic toward proposed remedial legislation affecting the interests of labor, but, among the controlling characters open hostility was apparent. Members of Congress known to be hostile to the trade unions, and elected from districts where the organizations of labor were numerically small, were assigned to committeeships with the sole purpose of smothering intended legislation designed to secure relief from injustice and wrongfully administered laws. This hostility became so marked that it was decided to register a vigorous protest against the machinations of these political misrepresentatives. This slogan was adopted as labor's watchword: "We will stand by our friends and administer a stinging rebuke to men or parties who are either indifferent, negligent, or hostile, and wherever opportunity affords, secure the election of intelligent, honest, earnest trade unionists, with clear, unblemished, paid-up union cards in their possession."

This watchword of labor met with a hearty response. The records of Congressmen were scrutinized and furnished to those requesting such information, and where these records showed hostility to labor's interests, trade unionists used their influence to the end that labor's enemies might be defeated. The first contest revealed the efficacy of the effort. Six trade unionists, in full standing with their respective organizations, were elected to membership in the national House of Representatives.

This small group signalized the direct entrance of organized labor as a factor in the law-making branch of the Federal Government. Political faddists and theorists, of course, ridiculed the policy of trade unionists in coining their balance of power into definite results. Illusory programs were pushed to the fore and profuse predictions were made that labor's efforts would prove abortive, but the election of six trade union Congressmen in the first contest constituted indisputable evidence that material results had been achieved.

Organized labor was aroused to the possibilities of adding to the initial labor group, and in the elections of 1908 four additional trade unionists were successful in securing election to the House. With a group of ten trade union Congressmen, the plan of following the lines of least resistance showed results that could not go unrecognized. Congress and the public generally became convinced that labor proposed to exercise its political rights, to the end that Congressional relief should be secured.

The Sixty-first Congress showed a corresponding added influence of the labor group. Hostility became tempered with some reason, a dawning realization of the power of labor became apparent to political prophets, and a change in attitude towards labor's demands was noticeable. While it could not be expected that the full fruition of trade union hopes could be realized with this small labor group, yet with the softening attitude of the hostile forces, brought about solely by persistent trade union vigor, with constantly increasing activity in every part of the country to the end that the labor group should be augmented, labor's prospects were materially brightened.

With hope and determination the trade unionists, entered the Congressional campaign of 1910, and conducted a contest that is memorable in the history of our country. The result of labor's third campaign was the still further addition of five more members, augmenting the labor group to a total of fifteen. In the present Congress, the Sixty-second, these fifteen trade union Congressmen have performed conspicuous service. bor group has continually grown, the initial effort electing six trade unionists into Congress: the second effort, re-electing the first six and ádding four more, while the third effort totaled fifteen. This gratifying result could not have been accomplished in any other way than that adopted.

The la

The labor group has been fittingly recognized in important committee appointments. The chairman of the House Committee on Labor is a staunch and tried trade unionist, and that committee, instead of being the charnel house of labor's measures as formerly, now responds to the justice of labor's needs. Impor

tant legislation in the interest of labor has been reported out and passed, while other measures are pending.

The House Labor Committee has done splendid work during the present session of Congress. A brief summary is interesting. As is well known, the chairman of that committee is W. B. Wilson, former Secretary-Treasurer of the United Mine Workers of America, who is not only a man of marked ability, but staunch and true to labor and all the people. Associated with him upon this committee are James P. Maher, former Treasurer of the United Hatters of North America; Frank Buchanan, former President of the Bridge and Structural Iron Workers and David J. Lewis, of the United Mine Workers. The highest commendation is deserved and accorded to them. It must be noted, in addition to these union men upon the Labor Committee, that the other members of the Labor Committee are friendly and sympathetic toward labor's bills. In contrast to the accomplishments of the House Labor Committee in former Congresses, the work of the present House Committee on Labor stands out in bold relief.

The following is a record of the activities of the House Labor Committee:

Reported favorably the Children's Bureau Bill, which was passed by the House and Senate and is now law.

Reported favorably the Eight-Hour Bill, which passed the House without a dissenting vote.

Reported favorably the bill creating a Department of Labor, the bill now being upon the calendar.

Reported favorably upon a resolution providing for an investigation of the "Taylor system." The House adopted the resolution, authorizing the investigation. The investigation was held and an adverse report made to the House, thus opposing the installation of the "Taylor system" in the Government works.

Reported favorably the Musicians' Bill, which provides that enlisted musicians in the service and pay of the Government shall not accept employment in competition with civilian musicians.

Reported favorably the Industrial Commission Bill, which provides that a commission of nine members shall inquire into and study the relations between employes and employers; the cause of industrial unrest, and the general condition of labor, and endeavor to discover the underlying cause of industrial dissatisfaction in this country and abroad.

Reported favorably the Bacon-Bartlett Injunction Limitation Bill, which also provides the taking of the labor organizations out from the operation of the Sherman Anti-Trust Law.

A Convict Labor Bill was favorably reported to the House and was passed by an almost unanimous vote. This bill provides that States shall have the power to enact legislation prohibiting the sale of

convict-made goods within their respective borders.

With the labor group of fifteen in Congress assigned to various committee appointments, Labor has been able to wield a great influence on measures which have been referred to committees in Congress other than the House Labor Committee. The record of the progress of legislation in the interest of Labor up to May 15 is as follows:

The Clayton Injunction Limitation Bill was reported favorably by the House Judiciary Committee and placed upon the calendar. Under a rule submitted by the Rules Committee, the bill was taken from the calendar and put upon its passage, a long debate being allowed. The bill passed the House by a vote of 243 to 31. The bill is now before the Senate for action.

The Judiciary Committee favorably reported a "contempt bill," which provides for a trial by jury in indirect contempts. This bill is upon the House calendar, and undoubtedly will be considered and action taken in the near future.

Through the influence of Labor's representatives an eight-hour provision was inserted in the Fortification Bill in the House, providing for the manufacture of ordnance and powder under the eighthour day. This provision was accepted by the Senate, and upon the signature of the President became operative.

An amendment to the Postoffice Appropriation Bill, which passed the House, provides for the eight-hour day for postoffice clerks and letter carriers.

A provision was also inserted in the Postoffice Appropriation Bill which, as noted above, has passed the House, providing that all employes in the postal service should have the right to form organizations for their mutual benefit and to appear before Congressional committees for the purpose of increasing their wages or redressing their grievances.

In the Postoffice Appropriation Bill, second-class mail rates were accorded to publications of labor and fraternal organizations. The bill has passed the House.

The Immigration Committee favorably reported to the House the Illiteracy Test Bill.

The Senate has passed an amendment to the Chinese exclusion law to correct the defects in that law. The illiteracy test has also been passed.

The Phosphorus Match Bill, prohibiting manufacturers from using white phosphorus in the manufacture of matches, passed both Houses in Congress, and was signed by the President. This law will effectually eradicate the loathsome disease of "phossy jaw."

The House passed a bill providing for citizenship for the people of Porto Rico.

The Public Health Bill, introduced in the Senate. has been favorably reported. The Committee on Agriculture and For