The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1910-04-04
THE EMPLOYERS LIABILITY BILL.

Another employers liability act will come to test in operation
for doubt President Taft will hesitate sign the bill
him Saturday Mr. Roosevts naugt the Judi
ca crucbe being found unconstitutional With workable we'll
valid law the subject the United States will be in line with
many and Great Britain which for time have had force
compensation injuries sustained by employees while engaged
in their vocaons This country has been going along with the RENE
dies afforded by the English devised age when the
conditions entirely derent from those of today when
chmey played little or no part manufacturing industries hence the
of determining the element of negligence between employer
and employed simple So the principle of the common law
relieved the of responsibility injury servant
only resulted altogether partly from the negligence of the
for the workman than that principle has become in these DAVIS when
every step every makes beginning
of his daily shift is beset with peril from of To
day the safety of average large works. depends
great deal than his vigilance He is in jeopardy
every moment fro mte liability Of failure of mechanism often
out of sight of him. to perform a due function
Nothing could be much than the conditions of the present
situation Excepting in of voluntary assumption of liability by
they seek compensation ALL have choice between making such
they with the employers entering the heaitbres
course Of litigation Even where employers have taken out liability in
the claimants for compensation have to fight for in the
courts The insured employer quit Of responsibility when he
the PREMIUM and when claim under the policy the insurance
company takes his place and in its interest compe the claimant
be 1i dinatd The claimants atdrney Comes in for con
tngen ranging twenty than fifty centhe
average said be about hrfve cenbesides which there
lave been incidental and losses of the litigation and
laws delays that many the winning of suit of this kind
is quite barren triumph excepting for the lawyer Worse than all for
the working is the fact that but small proportion of suits for
On the side of the employer the present system equally unsats
ruin Therefore compelled to incur the tax OF liability in
compensation by WOULD III all proDaDy
be far cheaper for the small employer with the chance of few accidents
than the payment of insurance premiums covering indemnity for
individual employed In the of large concerns the insurance is
such formidable expense that many Of them have abandoned in
system voluntary compensation which the theories OF
conuoy negligence and negligence Of feowservnts expressly
Where this system has been adopted has yielded large bal
direct and unconditional compensation against the
liability Not only that advantage has been
proved but the pursuit of safety to keep the compensation
down. Improvements methods have been discovered which
greatly increase efficiency and consequently profits.
addition the benefits of statutory compensation which both
poyers employed will receive the advantage and saving to the
public large will be Courts Jurisdictions are clog
with litigation of accident claims 1t is said tat majority CT
jury in New York of this class Here in Hawaii the pro-
portion appears growing AS neither party will
until the last ditch there appeals and trials the bitter end SO
the claimant finally the judgment likely to
than him. In the meantime several panels OF
Jurors called away from useful occupation the
will litigation must be welcomed measure that
addition will tend of the greatest causes OF ono
versy capital and labor is be hailed triumph OF states
manship.