CHAPTER XVI

SENATORIAL BATTLES FOR SOCIAL JUSTICE

I

Senator Kern carried into the senate the keen sense of social justice,

and the sympathy for the lowly which had characterized him through life,

and during his term in the senate there was no controversy involving the

rights or interests of the working classes in which he did not take an

active interest. While no service he rendered to the workers required

the courage called for in the battle against feudalism in the Paint

Creek settlement of West Virginia, this was by no means an isolated

instance of devotion to their cause. Nor was this in any sense a pose

for political effect. He had an inherent hatred of oppression of the

weak on the part of the powerful, and was temperamentally incapable of

understanding the indifference of others. When during the pendency of

the anti-trust bill letters poured in upon him urging that trade unions

be placed in the same category with trusts, formed for the purpose of

arbitrarily fixing prices and exploiting the consumers, he made no

attempt to conceal his disgust. The insistence of some law-makers that

the rights of man should be weighed in the same scale with the

privileges of property, translated in the vocabulary of some into

“rights,” aroused his wrath.

In the mid-summer of 1914 an incident occurred in the senate during the

consideration of the sundry civil appropriation bill which, more than

any other one thing perhaps revealed Senator Kern’s attitude toward the

social and economic problems of the country. Some time before, the

congress had created an Industrial Relations Commission and President

Wilson had appointed as its chairman Frank P. Walsh of Kansas City, a

lawyer of unusual ability who thought in terms of humanity--the ideal

man for the position. This was one of the commissions that could be made

worthless or worth while, according to the disposition of its

membership, and the president had appointed a chairman who made

everything worth while that he touched. He accepted his duties seriously

and set to work in the most thorough and exhaustive fashion to probe to

the bottom of the social and industrial problems of America. Within a

few months he had accomplished enough to attract the attention of

thinkers, social workers and economists to his work. The conditions he

disclosed were in some instances startling. Senator Kern, who had

sympathized with the purpose of the commission, read in manuscript the

evidence taken by the commission at Philadelphia and was delighted with

the spirit with which it approached its task, and impressed with the

enormous possibilities for good from such an expose of evils.

He had enough faith in human nature to feel assured that ameliatory

legislation would always follow the realization of its necessity as a

result of the pressure of public opinion. He felt that many of the

social and economic wrongs are permitted to exist merely because the

public knows little about them, or knows them only as isolated cases of

viciousness or injustice. He knew that the elements or interests that

are the beneficiaries of such wrongs are vitally concerned in their

concealment. And Mr. Walsh was seriously interfering with their peace of

mind. The press was beginning to give considerable publicity to his

work. The working class was intensely interested. Even the colleges were

taking notice.

The result was the beginning of a propaganda to discredit the work of

the commission, by picturing Walsh as a dangerous visionary, more or

less socialistic, whose work was merely calculated to create bad blood

between the employers and the employees. One feature of the propaganda

was to create the impression that the commission was accomplishing

nothing worth while and that public money was being squandered

uselessly. “Why should such a commission be continued, anyway?”

When the sundry civil appropriation bill was under consideration by the

senate July 7, 1914, Senator Borah of Idaho, whose views on social

justice closely resembled those of Senator Kern, called attention to

the action of the Appropriations committee in cutting the appropriation

for the commission from $200,000 to a paltry $50,000, which was

equivalent to blotting it out entirely. With the appropriation

previously made it had been utterly impossible to print the evidence

taken at the various hearings. The reduction of the appropriation as

proposed would have had the effect of destroying the commission utterly.

If such was not the intention of the committee it was the desire of some

members of the senate who feared the effect of the expose of the

conditions of child labor and in the sweat shops and death traps where

women are worked for a miserable pittance under conditions of sanitation

disgraceful to the age.

In explaining the action of the committee Senator Martin of Virginia

said that it was of the opinion that “no good was being derived

correspondingly to that appropriation,” and expressed his personal doubt

as to the work of the commission being “advantageous to the public.”

Asked by Senator Borah whether the commission had been consulted as to

the reasons for the larger appropriation, Senator Martin replied that it

had not.

It was at this juncture that Senator Kern entered the debate with a warm

commendation of the work and purposes of the commission.

As the fight developed--it consumed the greater part of the day--all

those senators particularly interested in a program of social justice

took part in the debate against the committee amendment, basing their

arguments on the ground that society is entitled to all possible light

on industrial conditions to the end that ameliatory legislation may

reach the vicious features. The amendment was defeated with a decisive

vote of 46 to 18, but would probably have gone through but for the fact

that Kern and Borah led an aggressive fight against it.

Thus the commission was saved.

This position in regard to the commission is a fair indication of Kern’s

attitude toward the problems, the wrongs and rights, of the men, women

and children who earn their bread by the labor of their hands. And this

attitude was consistently maintained, not only throughout his senatorial

career, but throughout his life. This feeling grew stronger as he grew

older instead of moderating with the chilling of the fire of youth, and

he was never more radical along these lines than on the day he left the

senate.

II

After his services to the miners of West Virginia Senator Kern’s most

distinguished service to the toilers was in the part he played in

securing the enactment of the Seamen’s bill, which was signed by

President Wilson in the spring of 1915. The story of that measure reads

like a romance. One of the unaccountable neglects of a humane

civilization had been its utter indifference to the insufferable wrongs

of the men who “go out upon the sea in ships.” The toilers of the land

had been lifted from the degradation once associated with labor, but the

toilers of the sea were left in servitude, not only with the knowledge

but with the active connivance of governments. Underpaid, improperly

fed, they were so much the slaves of the masters of the ships that a

member of a crew deciding in port to sever his connection with the

vessel was treated as the fugitive slaves before the war--hunted down by

police officers and returned as escaped criminals to their masters. This

impossible life gradually drove the more competent seamen from the

waters and the traveling public paid the penalty in increased disasters.

From 1860 until 1914 every succeeding record of lives lost at sea was

lengthened, notwithstanding the better equipment of the boats. The rule

that the wage fixed should be the wage paid at the port of employment

led the ship owners to the manning of their vessels in ports where the

scale of living was lowest, and the result was that the poorest seamen

were entrusted with the lives of travelers. The ship owners only

concerned themselves with profits. One of the reasons for the decline of

our merchant marine was the refusal of Americans to take service on

ships at the meager wage paid, and we entered into a treaty to arrest,

detain and return deserters from ships in American ports. Thus we

deliberately entered into a conspiracy against ourselves; for if the men

employed in low-wage ports deserted in an American port and the master

of the ship was forced to man his vessel here he would have to pay the

higher wage and thus the equalization of wages for seamen on a higher

plane would result. We helped to keep the scale of wages down below the

American standard and thereby deliberately forced American sailors from

the sea. Before President Wilson signed the Seamen’s bill of 1917 the

sailors of the world were slaves.

The battle to right this wrong was waged for years through the patience

and perseverance of one of the most remarkable lobbyists that ever

haunted the capitol at Washington. Only a Victor Hugo could adequately

tell the tale of Andrew Furseth.

Born in Norway, the Viking blood in his veins, he went to sea at the age

of sixteen. He loved the sea. It was a hereditary passion. Standing on

the shore and looking out to where the sky and waters met he thought he

saw in the life of the sea the free life--and he had a passion for

freedom. He soon discovered the tragic truth--he was the slave of the

master of the ship.

“I saw men abused, beaten into insensibility,” he said. “I saw sailors

try to escape from brutal masters and from unseaworthy vessels upon

which they had been lured to serve. I saw them hunted down and thrown

into the ship’s hold in chains. I know the bitterness of it all from

experience.”

And he had seen over-insured and under-manned ships go down at sea

because greedy owners would not furnish skilled seamen or provide

lifeboats. He had lived to see white labor driven out by the shipping

trust to make way for oriental slaves, and the sea power moving

unmistakably to the orient as a result.

This condition was all the more bitter to Andrew Furseth, for he knew

and loved the sea and its romantic history and knew that seamen had once

been free men. He determined to dedicate his life to doing for the

seamen what Lincoln did for the slaves, and he landed on the Pacific

coast of America.

“For the seamen of the world,” wrote John L. Mathews in _Everybody’s

Magazine_, “the most important event of the nineteenth century was the

coming ashore of Andrew Furseth.”

His first step was to challenge the greed of the shipping interests by

organizing the seamen along the coast. The organization was small and

its membership pitifully poor, and it faced the bitter hostility of

powerful interests and a prejudiced or subsidized press.

Knowing that the seamen of the world would not be freed by his little

organization alone, he went to Washington as its representative. That

was in 1894. The following twenty-one years of Furseth’s life mark the

greatness of the man. So low had the seaman fallen in the estimation of

the world that this man with no other motive than to secure the

enactment of legislation was under police espionage and for years was

shadowed by detectives. His persecutors wasted money--his life was in

the open. Year after year he pressed his case on members of the

congress. Many were openly hostile. Some mildly curious. None greatly

interested. Sometimes his bill was introduced and quietly smothered in

committee. Sometimes he could find no one to present it. Men of less

heroic mould have succumbed to despair. Furseth never despaired. He

never stormed at fate. He persevered. He was like the character in

Hugo’s Toilers of the Sea.

Working for a ridiculously small salary, when hard times came upon the

country he voluntarily cut his own pay. With no small vices to feed, he

found he could exist on next to nothing in a sailors’ boarding house.

Asked once if he had laid anything aside for old age, he made an answer

that deserves to live:

“When my work is finished, I hope to be finished. I have made no

provision against old age, and I shall borrow no fears from time.”

At length he forced attention. The Democratic party in its Baltimore

convention incorporated a plank in its platform which pledged the party

to the abrogation of treaties obligating the United States to hunt down

and return as criminals the deserters from foreign ships in American

ports and to general legislation in the interest of the seamen. Senator

Lafollette introduced the Seaman’s bill.

That, however, was only a beginning and did not necessarily signify

anything. The bill was certain to encounter the most bitter opposition

of the most powerful interests, and senators naturally

ultra-conservative were certain to find plausible reasons for opposition

in the protests of foreign governments. The only hope was in enlisting

the active sympathy and interest of an influential leader of the

majority, and Furseth was urged to present his case to Senator Kern.

I shall let Furseth tell the story of his first call on Kern:

“Shortly after the senator came to the senate I went to him and

asked his permission to tell him about the seamen. He had no time

then, but told me to come to his hotel. Upon my arrival at the

appointed time I told him it would take me at least twenty minutes

to give him some idea of what I had to say. He told me to go ahead.

I did and I was with him for about an hour and a half. In a quiet

easy way he encouraged me to talk, and I told him about the

seaman’s daily life on the vessel, but more so on the shore. At

sea, the terrible quarters, the ceaseless toil, the poor food, the

general treatment and the longing to get away from the life which

was degraded by involuntary servitude and a feeling of

helplessness. On shore, the power of the Crimp to dictate our wages

and take away what we were to earn in the form of advance or

‘allotment to the original creditor,’ as the thing was called; the

power to compel us to go to sea in any vessel and with any kind of

men--destitute poor devils who set our wages when we were hired and

whose work we had to do at sea because they could not. With it all

a feeling that we were forgotten by God and held in bitter contempt

by men on shore. When I stopped he would ask a question and set me

going again, and then he said--‘I shall see whether we can not help

you.’

“And he certainly did. I tried not to go to him too often; but it

was often and he was always kind and encouraging. I always left him

with more hope in my heart, and sometimes I needed it sorely. If

God ever placed upon the shoulders of men a part of the burdens of

others the senator was surely one of those men. My burden was

always lighter and my heart more free when I left him.

“There never was anything that he could personally do to help

getting the Seaman’s bill through that he did not do. He helped to

get the bill considered. He helped to get it passed. He saved it

when the London Convention and the treaty adopted there was about

to strangle it for good. If that treaty had been adopted the

Seamen’s bill could never have been passed. That treaty was

designed to keep the Americans from the sea, and if the United

States now has the men needed or is able to get them, not only the

seamen, but this nation owes the thanks therefor to Senator Kern.”

After the bill had passed both branches of the congress and went to the

president for his signature the most remarkable efforts were made to

persuade President Wilson to veto it. These efforts were made by the

most powerful influences that think in terms of money rather than in

terms of humanity. The National Chamber of Commerce took an active part

in condemnation of the act. Delegations called at the White House to

assure the president that the law would destroy American commerce.

It was at this juncture that Senator Kern rendered his last great

service to the seamen. At the head of seven or eight senators he called

at the White House to urge the president to sign the bill. It was signed

on March 4th.

The Seamen’s law, which is the Magna Charta of seamen’s rights, would

sooner or later have been enacted because ordinary humanity demanded it,

but the interest of Senator Kern in its passage unquestionably hastened

the breaking of the chains of the slaves of the sea. No one was in the

position to proportion the credit that Furseth was and it is enough for

the historian to know that the three men who received in largest measure

the gratitude of the old Norseman were President Wilson, Robert M.

Lafollette and John W. Kern. One year after the law had gone into

effect, and two months after Senator Kern’s defeat for re-election to

the senate, the man whose “coming ashore” was the “greatest event of the

nineteenth century” to the seamen of the world wrote:

“WASHINGTON, D. C., Dec. 31, 1916.

“Hon. John W. Kern, U. S. Senate:

“MY DEAR SENATOR--The seamen have lived through one year in

freedom, in hope, and in gratitude to you. On their behalf and for

myself I wish you a blessed New Year and all the happiness that can

come to those who feel the pain of others. May God in his mercy to

us and to all who toil preserve you in health and strength to fight

on for man’s freedom.

“Faithfully and respectfully yours,

“ANDREW FURSETH.”

III

In the summer of 1916 a bill bearing the names of Senator Kern and

Representative McGillicudy of Maine and affecting the interests of

400,000 people was enacted into law. The passage of this bill, the

Kern-McGillicudy Workman’s Compensation bill, was many years over due.

“It has been disgraceful,” he said in the senate, “that the great

government of the United States has lagged behind every nation in the

world, civilized and half-civilized, except Turkey, in the care it has

given to the people who are employed by it.”

About this time he was making a futile effort to secure adequate

compensation for an Indianian who had been hopelessly crippled by an

accident in Panama while in the government service, and the difficulties

he encountered outraged his sense of decency and justice.

When the bill reached the amendment stage, it was due to the vigilance

of Senator Kern that it was not emasculated by amendments, offered in

good faith, no doubt, but utterly destructive. Senator Smith of Georgia

insisted upon writing a contributory negligence clause into the bill.

This was earnestly contested by Senator Kern on the ground that while

there might be some justification for such a clause in an employers’

liability law, it would defeat the purpose of a government workman’s

compensation act, and would deprive the government employee of the sense

of absolute security to which he was entitled.

And he just as vigorously opposed the proposal of Senator Cummins to

have the law administered by a bureau instead of by a special

commission.

During his service in the senate he never ceased to marvel at the light

manner in which hundreds of thousands of dollars were appropriated for

elaborate postoffice buildings where a very simple and inexpensive one

would do, and the pitiful parsimony with which some statesmen were

inclined to deal with expenses incidental to the legal protection of the

lives and interests of the workingmen.

The measure was finally passed in August, 1916, in practically the form

in which it was presented, carrying with it an inestimable boon to

400,000 men and women who were doing the civil work of the nation.

IV

During the same summer Senator Kern made his heaviest contribution to

humanity in the part he played in forcing the consideration and passage

of the child labor law. This was a subject that had been near his heart

for many years, and we have seen that almost a quarter of a century

before while a member of the state senate he had fought to place a child

labor law upon the statutes of the state. For many years efforts were

made from time to time to pass a child labor law, but without results.

The public opinion of the republic had long been crystallized against

the exploitation of childhood, and social workers had accumulated the

most damning evidence against the system, but the statesmen seemed

impervious to the pity of it, and cynically found excuses for

non-activity. But a few years before Senator Kern had listened to the

witnesses called by the House committee investigating the strike in the

mills of Lawrence, Massachusetts, and had been sickened by the sight of

pale, aenemic, underfed, overworked children who were actually forced to

pay for the cold water that they drank while at work in the mills. He

hated the exploitation of childhood with a holy hate, and one of his

ambitions was to be able to strike a blow at the system while in the

senate.

One day in the summer of 1916, at a time when senators and congressmen

were anxious to get back to their constituents in preparation for the

campaign, and with the program already crowded, the congress and the

country were electrified by the action of President Wilson in demanding

action upon the child labor bill then pending in the senate. Without

warning he appeared at the capitol one afternoon and repaired to the

president’s room, where he had grown accustomed to hold important

conferences on legislation, contrary to the custom of his predecessor,

and summoned Senator Kern. The senator was first informed of the

president’s presence at the capitol by a page who had been hailed by the

executive and asked if he would inform Senator Kern that he was wanted

in the little room, with its Brumidi decorations, beyond the Marble

Room. There was a brief conference, after which other senators were

summoned, and the word flashed over the country that the president had

created another stumbling block to adjournment by insisting upon the

passage of the child labor law. From that time on Kern exerted himself

to the utmost in pressing for action.

But behind that incident there was another which throws more light on

the importance of the part played by Senator Kern in forcing a child

labor law upon the books. Some time before the Democratic senators had

held a caucus to determine upon the legislative program for the

remainder of the session, and Kern had made an earnest plea for the

consideration of the child labor bill. He had met with a stubborn

opposition, for there were states represented in that caucus in which

the factories were operated to a large degree by child labor. Indeed it

had come to be a favorite sneer of the socialists that the Democratic

party could never be counted upon to rid the nation of that evil because

of the opposition of the industrial interests of certain southern

states. In the caucus Senator Kern not only urged this as a political

reason for action, and made a personal appeal on the ground that failure

to act would probably lose Indiana to the Democracy in the campaign of

the fall and defeat him for re-election. But the opponents of such

legislation were adamant and the caucus adjourned with no provision for

child labor legislation and with the decision to not take up the

immigration bill until in December.

Soon after this President Wilson made his call at the capitol; and a

little later a few Democratic senators, regardless of the caucus action,

voted to call the immigration bill before the senate, and the protest of

Senator Kern, together with the excoriation of the recalcitrant senators

by Senator Stone, impelled the men who disregarded the caucus action to

defend themselves. In the course of Senator Vardaman’s defense he

dropped the curtain on the proceedings of the caucus, and incidentally

threw light on the prominence of the part played by Senator Kern in

forcing labor legislation upon the statutes.

“I remember distinctly,” he said, “that the senior senator from Indiana

stated to the caucus that a failure to pass the child labor bill would

militate very much against the Democratic party in Indiana and would

probably defeat him for re-election. But the caucus adjourned with a

program agreed upon which left out the consideration at this session of

the child labor and immigration bills. The next morning I heard that the

distinguished senator from Indiana--the Democratic leader, mind you--was

very much dissatisfied with the caucus action and was busily engaging

himself trying to create sentiment in favor of rescinding the action of

the caucus of the evening before. It was also whispered that the

president would be invited to take a hand in order to save the senator

from Indiana from the evil effects of non-action upon the child labor

bill. The correctness of these rumors was soon verified. In due time

the president of the United States appeared at the capitol and called

certain senators into consultation. But as to what he said--or

ordered--I am not at liberty to speak, since I was not one of the

senators consulted.”

We can do no better than permit the Mississippi senator to serve us as

reporter of Senator Kern’s position in the caucus, and his activities

after the caucus to bring about such a reconsideration as to include in

the program for the session the consideration of the child labor bill.

And the Mississippian’s interpretation of the action of the president,

it may be added, was shared by others who were chagrined at his

interference in the program. However that may be, it may be said that

Senator Kern and the president were in whole-hearted accord on the child

labor bill and that their joint work was largely responsible for the

passage of the bill.

That the country generally at the time looked upon Kern as the leader in

the fight for the child labor bill was soon evident in the disposition

of both the friends and enemies of the proposed legislation to attempt

to influence him through propaganda. While it had always been his policy

to submit petitions and protests to the senate, regardless of his

individual opinion on the matter involved, on the broad ground that the

people were entitled to the right of petition, so profound was his hate

of child exploitation and so intense his contempt for those who tried to

prevent it, that he refused to burden the Record with the protests. In

only one instance did he give any attention to the letters of the

defenders of the exploiters of childhood. A minister in a southern

community had written him a sanctimoniously worded letter on the

beauties of child slavery, on the philanthropy of the mill owners in

preventing the starvation of families by permitting children scarcely in

their teens to work for a pittance in the mills, and this aroused his

wrath because it came from a minister of the Gospel. For ministerial

defenders of inhumanity he had no words with which to measure his

contempt. In this instance he did attempt to give expression to his

personal contempt for the minister in a letter of withering sarcasm, and

this letter he gave to the press. Among the men of importance who wired

him in the interest of the bill were Charles W. Eliot, the famous

educator, Rabbi Stephen S. Wise and the Rev. Lyman Abbott of The

Outlook, and he put their pleas in the Record. Of especial value, from

his point of view, as supporting the position he had taken in the caucus

when he had been outvoted by his party colleagues, was the telegram of

President Eliot:

“I venture to express the opinion, in view of the coming

presidential election, it would be very unwise to postpone the

passage of the child labor bill until December next. The Democratic

party needs the support next November of the numerous Republicans

and progressives who are interested in child labor legislation. The

party has nothing to lose by passing the bill and possibly much to

gain.”

This view Kern persistently pressed upon such Democratic senators as

held back, and the bill was finally taken up and passed with so little

opposition on the floor as to be a marvel to those who had striven for a

decade to interest the congress in such legislation. Here, as in many

other cases, the work of Senator Kern was effective and important, but

not done in the limelight, and the general public in rejoicing over the

enactment of the law manifested no special appreciation of the services

of Kern. This did not concern him in the least. It was enough for him to

know that the blow at child slavery had been struck. In his speeches in

the campaign of 1916 he dwelt to some extent upon the passage of the

child labor bill, but never once did he give any indication that his

part in its passage was greater than that of the senator who merely

voted for the bill.

Nevertheless his was an important and a leading part.

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