The labor journal. [volume] (Everett, Wash.) 1909-1976, 1910-12-09
HELP FOR TOILERS
Minnesota Likely to Pass En-
pIoyerS' Liability Law.
IN HANDS OF COMMISSION.

constitutionality Of Such Legislation
Practically Settled BY Decisions OF
New York and Federal courts-View
OF Judge Brown.
When the subject Of a workingmen'
compensation act was before the last
legislature it was the prevailing opin-
lou-anv antagoniStic view was so
small as to be uegligible-that the pro
posed enactment should provide for the
compensation Of every injury sustain
ed by an employee. the question Of
blame or fault On either side 10 he
Eliminated Ii was simply Il matter Of
providing suitable compensation FOR
ail-y where there was no fault on the
part II the employer and no serious or
,iltu, misconduct ou the part of the
employee in OCCUPATIONS where dancer
Inherent from The use of power and
H.tu.uyry The difficulty of preparing
ANYTHING iise scale and at the same
time # securing uniformity that
wound not discriminate against EN-
p.uyers in Minnesota in competition
with other states led to the reference
If the entire subject TO a commission
vhich is expected To report 10 the next
legislature
The possible unconstitutionality Of
an act Of this character was limited ut
rather than proclaimed. The common
law provides no available remedy for
injuries occasioned by industrial aeci-
dents not attributable to the negligence
Of the employer, and it was questioned
whether the legislature had the power
under our system Of constitutional gov
eminent. to write this English provi-
sion into a statute This point has arts
en- in a case in New York state, where
such law is in force, and the supreme
court of that state has sustained its
constitutionaity. 1t was set up by the
railway defendant that not only had
the legislature exceeded its powers in
the act. but that its terms deprived
the railway company of its liberty and
property without due process of law
and denied it the equal protection of
the law in contravention Of the four
teenth amendment TO the constitution.
Upon all questions involved the court
ruled against the railway and sus-
tanned the law. 1t holds the legisla-
ture may amend or repeal the COM
mon law and may provide remedies
where relief under the common law is
impossible. 1t says the cases relied
upon by the railway merely point out
the shifting character of the border
line between the statutes which are
upheld by the court as being legiti-
mate exercise of the legislative power
to pass all manner of necessary and
wholesome acts for the protection and
well being of the public. although such
acts Interfere with personal liberty
and the right TO do as one will with
his own, and the statutes which are
held by the courts to be unwarranta-
BILE Interference.
Emphasis is laid upon this finding of
Justice Brown of the federal supreme
court: While the cardinal principles
of justice are immutable, the methods
by which justice is administered are
subject to constant fuctuation, and
the constitution Of the United States.
which is necessarily and TO large ex
tent infeXible and exceedingly difficult
Of amendment. should not be so con
strued as to deprive the states of the
power 10 so amend their laws as to
make them conform to the wishes of
the citizens as they may deem best for
the public welfare without bringing
them into conflict with the supreme
law Of the land
There will be 10 opportunity for the
fnal adjudication of this case before
the Minnesota legislature reaches con
siIeration Of the subject The New
York statute has been used as model
for parallel laws by other states. and
the decision Of the supreme court of
New York will be taken as strength
ening the principle upon which it is
based.-St Paul Dispatch.