The wageworker., 1910-11-11
HELP FOR T0ILERS
Minnesota Likely to Pass En-
ployers' Liability Law.
IN HANDS OF COMMISSION.


Practically Settled by Decisions of
New York and Federal Courts-view
of Judge Brown.
When the subject of workingmen's
compensation act was before the last
legislature it was the prevailing opin-
ion-any antagonistic view was 50
small as to be negligible-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 to be
eliminated. 1t was simply a matter Of
providing suitable compensation for
injury where there was no fault on the
part Of the employer and no serious or
willful misconduct on the part OF the
employee in occupat ations where danger
is inherent from the use of power and
machinery. The difficulty of.preparing
anything like q scale and at the same
time of securing a uniformity that
would not discriminate against. en-
ployers in Minnesota in competition
with other states led to the reference
of the entire subject to commission
which is expected to report to the next
legislature.
The possible unconstitutionality of
al act Of this character was limited at
rather than proclaimed. The common
law provides no available remedy for
injuries occasioned by industrial acci-
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
ernment. to write this English provi-
sion into a statute. This point has aris-
en- in a case in New York state. where
such law is in force, and the supreme
court of that state has sustained its
cOnstitutiOnality. 1t was set up by the
railway defendant that not only had
the legislature exceeded it's powers in
the act, but that it's terms deprived
the railway company Of it's 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 immuta bic. 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 inflexible and exceedingly difficult
of amendment. should not be SO con-
strued as to deprive the states Of the
power to SO amend their laws as to
make them conform to the wishes of
the citizens as they may deem best for