The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-03-22

/ injuries of an incurable nature. The
! testimony very clearly established
/ the fraudulent character of his in
jury, and conduct on his part that
absolutely precluded The disabilities
which he claimed and the jury re,
! turned a verdict for the defendant,
| A few weeks after that, while driv-
| ing out on country road in Lee
county, | saw my former adversary
acting as line man on telegraph
pole, and, as l went by, he gave me
what is known as the high ball"
| signal.
These are but few illustrations
of the present condition of the law,
of the inequality of recovery, of the
excessive verdicts in ms.ny instances
allowed and of the debs dching inflll-
ences which an unlimited right OF
recovery, and an unrestricted right
OF contract on the part of counsel,
have produced.
Some recent enactments have been
made tending to increase the liabil.
ity of the employer, notably an act
of congress recently passed. provid-
ing that all persons in the employ
of the federal government, in the
construction of ships, construction
of the Panama canal, work of re-
claiming arid lands. and similar
work, shall receive, as the result Of
injury, a sum not to exceed one
years wages.
Congress has recently enacted
what is known as an employers liza
bility act This act applies only to
the employees of railroad companies;
practically deprives railroad COM
panies of the defense of contributory
negligence and assumption OF risk.
but makes no effort to limit the
amount of the liability.
The state of Iowa, at the last ses.
sion of the legislature, enacted a
similar law.
The difficulty about acts such as
foregoing is that, while they increase
the liability of the employer, anG
| practically make the liability absolute
no effort has been made to limit the
: amount of that liability.
The laws of all of the European
countries and English colonies. tina
have had an opportunity to exam
4 inc, have one or two controlling feat
t ures that are common to all of them
d in that the liability for personal in
d jury is practically absolute, but II
every instance, whether the acciden
S results in injury or in death, Their
r Is limit to such liability. CompaI
e ing the laws of Great Britain, Gel
g many, France, and Italy, which law
q have many features in common, Gel
. many seems to have the most CON
:, plete system, and has one provision
q that Is especially commendable: TIL
l. German law requires the men to joi
$ in insurance organizations, compose
of both employers and employees. an
n all the employees make some Sigh
II contribution towards the maintenance
e of the association.
II The German workingmen's act prt
d vides for compensation for all IL
II juries by accident received in tn
-e course of ordinary employment
1t which can be considered dangerous
Il Equitable conditions are provided, r,
lie quiring some contribution by en-
p ployes, and, in consideration of thi
d. contribution, the employees have
tx voice in the management of the insu
lg ance association A system of reasol
e, able pension for widows and Deepen,
to ent children is maintained.
IT. Payments may be revised whel
n ever a change in condition of injure
&C. person occurs. Payments are met b
ne mutual insurance associations Of er
IS, ployers, in which all employees al
or required to be insured at the expens
On of employers. Separate association
ry have been organized for each indu
of try. So'vency of employers associ
ID tions is guaranteed by the stat
ng Disputes are settled by "arbitratio
III courts for workingmen's insurance
m composed of one government officia
or two representatives of workmen, ar
ty. two of employers.
is This German scheme of liabili
by seems to be, from brief study of
Id altogether the most admirable one
lily existence. The fact that the men a
A required to contribute small pi
ng portion to the plan is desirable T
TX. scheme of pension is one that shou
Pile be adopted The solvency of the
lat sociation being guaranteed by t
lit state creates confidence in the pls
o~r and provides for careful inspectic
md and the fact that the men assul
tai some responsibility gives them
interest in the careful carrying
en- of it's provisions that otherwise tn
Fe would not have.
We AS heretofore suggested, Great B
mo ain, Italy, and France have in g
q eral way, laws of the same charac
The as those in force in Germany. ]
on laws In all of these countries me-
the an absolute liability for injuries
ing all workmen engaged in build
fed trades, factories, workshops, 81
in yards, transportation by land and
pf iri