The Detroit times., 1910-08-23
bBgat ATTACKS
|N[eLfGENcE LAW
( Letter to Hal Smith, Candidate for
Governor Urges Better Protsc-
ton for Workingmen.

During his present. chhPniSn,
Osborn. Republican candidate Tor
he nomination for governor, has Sc
erely arraigned the laws In refer
nee TO injuries received by working
hen. pointing out the apparent In
nualities and the difficulties which
set both the injured and the en-
hover when the employe seeks dam
res In the courts. Mr.. Osborn's ut
frances have proved food for thought
"A some OF the manufacturers nave
rritten to him for personal state
nent His reply was sent TO Hal II.
5nnith. representing the Michigan Man
facturers' association, and Is as tol-
Ows:
~ Hal II. smith, Ford building. De-
froit. Mich: a.
<nawer your Inquiry, received throuBn
mutuai friends. concerning my views
Dn the subject or compensation 20 III
5nred workingmen. II is duty every
Cofers TO make clear his position on all
6oblic questions. and so far as am
Sersonaily concerned. IL is my earnest
6eeire that my views and my record
~ given the widest possible publicity
I'm the early days OF the EnBlish
eommon law, when the master hau rev
<sryants and worked In person win
<kem. and when the servant worked at
Sirnpie occupations I'm simple and
crude manner, the courts with entire
Dropriety established the two rules:
1il That the servant assumed the
rIsE incident to his employment. and,
~(B) IL injured through the negii-
tence OF a Fellow servant ne couid not
<ocover.
The reason for these rules no longer
8xists. and therefore. they should be
4hanged 70 correspond TO ehanseo con,
kiG part falls from the top OF the Ford
4nildfnR during its construction, MS
widow and children should NOT pecome
ffkc{igh now the law TO hold an en-
eer and section hand on railroad
r mo4k no ON no enti ne
476erent lines. Yet should one be In
{nrSd through the fault of the other,
lie injured mans family now must
RE realty more serious objection to
mr66ent conditions Is the existence or
c-cal Hsd capitslines working
6an'e injury for his own beneht by
Svyfhg unjust tribute. frequently
&rouEh most unconscionable methods.
Scn- employer and employee alike. AS
Y result whenever his type gets a case,
{1be employer pays much heavier toll
E<kanE he should, and the injured man
~ much less compensation than he
4 entitled to receive, the lawyer keep
%|nx Ahe difference. While such law
I'll. are few. their type is represented;
= - You we'll know. in every Industrial
TSis is the present condition. and I
Sciv6u attention In Germany. England.
1oVvL York Illinois and other states.
i 50r congress has just appointed q
~ % essman. Edwin DENLY, is mem
6r. 8o take up the subject and suggest
correction. Ny own views are that a
- H. L. ~
Elopensable. 1t should be so framed
40 when a man Is injured without
s SSSiigence on his part. he would be
\ lilo the intervention OF lawyer or
~ cburt.% His compensation should be
etermined by. considering in varying
1&eefees the following factors at least:
"a II The extent of the injury
3. His age (The permanent dfsa-
&ilfty of young man Is obviously
more serious than in the case OF one
rho has but few more years Of use
8 The wages he was receiving at
}khe time of the injury.
I-T4. His length OF service. (This will.
you know. make for stability OF en-
|p!oyment, which is beneficial to en-
lD1oYer and employee alike.
5. How many are dependent upon
<he Injured person for support and
Vhat II their condition.
NY Views. It will take time, expert
&Gnce and help to work them out to a
i1atisfactory conclusion; In an EFFORT TO
40 90 shall want the help OF just such
men as you.
"a am told that I'm your Wayne circuit
court an average OF nearly three OF
your, six judges are constantly busy
'xrytng damage cases" AS Il cost over
$3.50 per day TO run one courtroom.
you will see at a glance that the tax
Mayors have a substantial interest In
|khfs proposition.
The employer should be saved his
ehare OF the taxes, his own attorney
n Il N "a
visediy)' that goes to the injured
<party's lawyer. The workingman or
his family should be compensated auto |
tmatfcally without the aid OF court or |
lawyer, when, during the course OF his
employment, he Is injured without fault
ron his part
III have not made my position
clear, or If from your study and ex-
perfence you have any suggestions
<<riticismsD or resistance to offer along
t{hese lines, would be very glad to
hear from you.
Yours truly,
t...... CHASE S. OSBORN.