The San Francisco call., 1906-08-18
Liability Law as to French En-
ployers Is Far Reaching.

disablement, when the half wages are
replaced by the compensation pro-
vided for total disablement All medi-
cal and pharmaceutical expenses, as
we'll as hospital and funeral expenses,
to be borne by the employer.
In spite of the completeness and
precision of the text of this act, a
great deal must necessarily depend
upon the views of the court called
upon to administer its clauses, and it
IS only natural, in view of the rela-
tions between employers and work
men in France at the present time,
that they should incline toward a
liberal Interpretation. Especially is
this the case in the assessment for the
total loss of wage-earning power
Evidence of a tendency to increase the
liability of employers is afforded by
the act of March 81, 1905, which is
supplementary to the act of April 9,
1898, and which stipulates, among
other liabilities, the payment of half
wages from the first day after the &C
cident in all cases lasting more than
ten days instead of from the fifth day
after, as was originally provided.
"The fact that this legislation was
limited to certain trades gave rise to
much controversy, and the courts of
law differed widely in their interpreta-
ton of its extent Generally speak
ing, and in addition to industries such
as mines, quarries, building and all
work necessitating the use of ma
chinery worked otherwise than by
hand, all trades involving manufac-
ture' or Transforming materials of any
kind were judged as coming within
the scope of the act; but even these
definitions did not entirely dispose of
all difficulties, and it is still an open
question as to whether bakers, butch
ers and various other trades can be
considered as belonging to this latter
category.
''The evident unfairness to work
men belonging to industries not COM
ing under the act and desire to make
the act more far-reaching soon caused
movement toward including in its
scope all possible categories of work
ers, and it is this recent act of April
IL, 1906, which definitely deals with
the question and finally disposes of
the doubts which still subsisted as to
the relative position of various trades.
All commercial enterprises, with the
sole exception of agriculture, are now
subjected TO these employers liability
acts. Some little time, however, must
elapse before the new act becomes
operative, as certain administrative
measures have to be carried out with
regard to the imposition of small tax
on all commerce. The proceeds of
this tax will be used by the state for
the formation of fund to guarantee
workmen in certain measure against
bankruptcy of employers or of insur-
ance companies in which employers
have covered their liabilities.
"a clause of the act renders it i'm
possible for this delay to extend be-
yond the end of the present year, and
it is thought that, until the measure
becomes operative, the courts and all
those who may be concerned will take
Many employers have for long time
ing themselves by means of insurance
against all possible liability, both in
respect of common law and this new
act; and in this connection may be
quoted the words used in the Senate
on March II by a French official in
charge of the extension of CONNER
cial enterprises, as follows: The
business man has, moreover the
power, which it is prudent for him to
exercise, to insure himself, and the
insurance premium can enter into his
general expenses, be embodied in the
product of his industry, and so be car
ried forward in the sum total of ex-
penses.'