The Detroit times., 1910-08-23

In Letter to Hal Smith, Candidate for
Governor Urges Better Protec-
ton for Workingmen.

During his present campaign. Chase
S. Osborn, Republican candidate for
the nomination OF governor, has Sc
yerely arraigned the laws In refer
ence TO injuries received by working
men, pointing out the apparent in-
eaualities and the difficulties which
beset both the injured and the en-
ployer when the employe seeks dam
ages In the courts Mr.. OsDorns ut
terances have proved food for Thought
and some OF the manufacturers nave
written to him for a personal state
ment. His reply was sent to Hal II.
Smith, representing the Michigan Man
ufacturers' association, and Is as fol-
lows:
Mr.. Hal II. Smith. Ford Building De-
troit. Mich:
Dear Sir; IL affords me pleas ure 10
answer your inquiry, received througn
mutual friends, concerning my views
on the subject of compensation 10 IN
jursd ,workingmen; II IDS Is a au.y 20 eVf thss
voters TO mako clear his position on all
public questions. and so far as an,
personally concerned, IL is my earnesi i
desire that my Views and my record
be given tho widest possible publlcity'
In the early days OF the Englsn
common law, when the master nhu leW
them and when the servant worked at
simple occupations In a simple and
crude manner. the courts win ehtiro
propriety established the two rules;
(1A THAT the servant assumed the
risk incident to his employment; ana
(B) IL injured through the negh-
gence OF fellow servant, he could not
recover.
The reason for these rules no longer
exists, and therefore, they should DC
changed TO correspond to changed con-
his part falls from the top OF the Fora
building, during its construction, ms
widow and children should not become
a charge upon the public. nor Is IL Just
Though now the law) TO hold an en-
gineer and section hand on railroad
fellow servants. They do not know
each other Their work Is on entirely
different lines Yet. should one be In
iured through the fault OF the other,
the injured name family now must
suffer.
The really more serious objection to
present conditions is the existence OF
the so-callcd "ambulance-chas at
torney" who capitaliZes working
mans injury for his own benefit ny
lcvying unjust tribute, frequently
through most unconscionable methods,
upon employer and empioye ailke' ., "a as
the employer pays much heavier toll
than he should. and the Injured man
gets much less compensation than no
is entitled to receive, the lawyer keep
ing the differences. While such law
yrs are few their type is represented
as you we'll know. In every Industrial
community.
This is the present condition, and
think IL is wrong. II has already re-
ceived attention in Germany. England,
New oYrk, Illinois and other states.
Our congress has just appointed
commission, OF which your splendid
congressman, Edwin DENLY. is mem
Der to take up the subject and suggest
a correction. MY own views are that
workin gman's compensation act Is In
dispensable. 1t should be so framed
that when a man is injured without
negligence on his part he would be
legally and automatically compensated
without the intervention Of lawyer or
court. His compensation should be
determined by considering In varying
degrees the following factors at least;
!. The extent OF the injury -
.. His age. (The permanent disa-
bility OF young man is obviously
more serious than in the case OF one
who has but few moro years or use
3. The wages he was receiving at
the time OF the injury.
4. His length OF service. tThis WILL
you know. make for stability OF en-
ployment which IL beneficial 10 en-
ployment which Is beneficial to en-
ployer and employee alike.
r. How many are dependent upon
the injured person for support and
what is their condition.
These, In n general hurried way. are
my views. II will take time. expert
ence and help to work them out to a
satisfactory conclusion. In an effort TO
do so shall want the help OF just such
men as you.
I am told that in your Wayne circuit
court nm average of nearly three OF
your six Judges are constantly busy
irving damage cases" AS II cost over
$3.50 per day to run one courtroom,
you will see at n glance that the tax
payers have n substantial interest In
this proposition.
The employer should be saved his
shar cot the taxes. his own attorney
fee and the "dlvvy" Ct use the term ad-
visedly)' that goes TO tho Injured
party's lawyer. The workingman or
his family should be COMPENSATED auto |
matically without the aid OF court or