Newark evening star and Newark advertiser., 1910-06-29
WOULD PUT COST
Of ACCIDENTS ON
EMPLOYER ALONE
Labor's Representatives, So Ar
que Before Special
Commission.
INSURANCE OF MEN
is BERGENS PLAN
Alderman Law Passed Last
Year Declared to Be Ambigu-
Gus and Step Backward.

Gus and Step Backward.
The special commission appointed at
the last session of the Legislature to
inquire into the labor conditions Of this
State, with the purpose of suggesting
needed legislation, sat for the nrst
time today in the Board of Trade
rooms, this city, and heard the repre-
sentatives of capital and labor on the
question.
Frank Bergen, general counsel for the
Public Service Corporation, suggested
a plan of mutual cooperation between
labor and capital which would not ne
cessitate. perhaps, new State law
Cornelius Ford, president of the State
Federation of Labor. spoke for labor.
and took occasion to voice the utter
disgust of New Jersey labor organiza-
tions with the Ackerman law passed
last year.
Cooperative Understanding.
Mr.. Bergen's plan. in brief, proposes
mutual cooperative understanding
between labor organizations and en-
ployers, whereby employers should In
sure their employees against accident
through insurance companies, thus
eliminating a great part of the present
litigation always clogging the courts.
II the present liability companies should
prove unable to take care Of this kind
of business. Mr.. Bergen suggested that
q State law be enacted. asking pro-
vision for the formation of company
of character to care for such poll
cies.
Mr.. Bergen admitted that any State
law making compulsory any such
agreement or enforcing employers to
insure their help would be unconstitu-
tional.
Succeeding Mr.. Bergen. II. F. Hilfers
secretary Of the Essex Trades Council,
spoke. Mr.. Hilfers voiced the opinion
of labor to be that an employee should
be compensated. whether injuries sus-
tanned should prove due to his own or
fellow workmen's negligence. He fur
ther said he agreed with Mr.. Bergen
that capital and labor should get to-
gether on the proposition and come to
some sort of an agreement.
III, as Mr.. Bergen says, the United
States Constitution stands in the way
of remedial legislation. then say. and
Y tl-rx J.I tn,
with me, let the Constitution be reme-
died"
John Roach, Of the Amalgamated
Leather Workers. repeated in substance
what Mr.. Hilfers had said. but differed
with him in that he believed. contrary
to a statement Of Mr.. Hilfers, that en-
ployees should bear their just share OF
accident costs, that employers should
bear the entire cost
New Law a Step backward.
Cornelius Ford, the State president
of labor organizations, spoke bitterly
against the Ackerman law, termed II
step backward" and quoted re-
cent jury charge Of Judge Adams in
the case of Halsey VS.. Stillman Com
pany, in which Judge Adams calls the
act Ambiguous and not a step for
ward; q step backward"
J. william Clark. president of the
Clark Thread Mills, presided. Assistant
State Attorney General Nelson B. Gas
kill was present as the counsel Of the
special commission. and Albert A
Snowden, largely interested in indus
trial school development, was present
al the secretary. John T. Cosgrove, of
Elizabeth and Samuel Botteril. of East
Orange, and Edward X. Mills. Of Nor
ristown, were the other members Of the
commission present Assemblyman
Walter T. Edge and the president,
william B. Dickson, of Montclair.. are
both on the ocean, and. consequently,
could not be present.
The appointment Of the commission is
the elimination Of agitation on the part
Of certain legislators and of the labor
organizations Of the State since ls0t
for better legislation on the liability
question The Ackerman bill has failed
to meet with any favorable reception
on the part of labor at all.
State Senator Harry ". Osbrne spoke
of the three doctrines now on the
statute books of this State regarding
the employers liability question. He
declared that the fellow servant doc
trine, which says that a man injured
through the negligence of fellow
workman has no redress, should be
abolished. In regard to the risk In any
particular business, where the risk is
inherent, and known to the employee
the latter should take the consequence
he said, but where 1t Is other than an
inherent risk the employer should be
held responsible except in case where
the employee is wantonly careless.
In regard to contributory negligence
Senator Osborne said middle ground
should be taken.
"Where a man is working at . ma
chine" he said. land his mind is con-
centrated upon the work in hand
should he sustain an accident through
the breaking Of the machine the en-
ployer should be held responsible. al
the man was thinking about the wori
he was performing and not about his
own safety"
He concluded by declaring that the
Alderman law is 'abstruse and can't
be understood except with the greatest
difficulty" He called 1t a disgrace to
the State and said It should be stricken
from the statute books.