The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-01-14
PERKINS ATTACKS
IN AN EDITORIAL
Editor Of Union Denounc-
es the Long Workmen's
Compensation Act.
palladium Specially

Harris, Noel ana the Other members OF
the bar association have tried hard to
disguise the voice OF Jacob under the
fur and thick skin OF the corporation
kid" says this weeks The Union, pub.
Iished by Edgar Perkins. president OF
the Indiana Federation of Labor. and
ions. In attacking the Longs work
mems compensation act. The editor
ial goes on to attack the bill on many
points.
The frst section declared weak Is
that which allows either party TO dis.
affirm an employment under the pro.
visions OF the act. or this the editor.
ial says:
I'm other words. the employer may
set aside the whole act leaving the
existing statutes and common law.
No stronger argument could be made
that now Is the time to modify the 'ex'
listing statutes and common law and
enact fair and progressive employ
crs' liability law 30 the workmen shall
have some remedy to pursue"
Wages Shall Cease.
The provision that when an injur.
ed workman shall receive wages equal
10 the amount being earned at the
timc OF the accident. his compensation
shall cease Is also attacked. why
not" says The Union. make an hon
est provision that his future training
and industry shall not bar a recov'
ery?" The delegation OF judiciary pow
er to examining physicians. the pro-
vision OF no security for payment. the
serving of notice in two weeks, the
length Of time before compensation be.
gins are also criticized.
1.-The act" says the editorial. pro.
vides that the dependents shall re-
ceive compensation on the basis OF
half wages for some time between a
second and doomsday--the exact part
OF which Is not even limited at. No
minimum IL named. but they were
careful to set maximum SUM for. re
covcry.
mo right OF appcali Is given In this
act--a dead open and shut case-take
what Ia offered or die: take chances or
1uit--oniy security required when the
Judgment Is In lump" It. says. "The
act also provides In another section
that II the employers refuses to pay,
suit must be brought and litigation en-,
sues"
"The Royse Bill Seriously or vii
fully Defective" IL the title of the edit
orial discussing the Royse measure
Tho following quotations show the at
titude OF union labor toward the bill:
Mines Are Omitted.
"Thc bill omits mines for hazardous
occupations.
section 2 says that no cmploye
shall receive compensation unless the
disability lasts ten days. Section
says that compensation shall com
mepce at the end OF the second week
Section 3 provides for half com
pensation based on weekly earnings II
the injured workman shall have been
employed In the same employment for
one ycar-otherwisc IL IL "a three day
wage-this does not look well. II will
afford no relief to casual laborers suf
fering injury and will tend to shorten
the time of employment and shift re-
sponsibility.
section o excuses the employer
from the serious OR wilful miscon
duct OF the employee while the British
and provincial laws make 1t serious
AND wilful misconduct This propos
ed law also excuses the serious AND
wilful misconduct of employers when
It ought to be OR.
"The act provides for special pro
cedure' in the county where the acct
dent occurred. when in oil other civil
cases the action is brought where the
defendant resides.
1.-THE bill Ia indefinite and unfair In
that II says the amount OF recovery
shall not exceed twelve hundred
days wages and not to exceed $4,000
hut no definite provisions are made
Let US be fair and definite"
The strongest criticism OF the bill
IL OF the sections lcgalizing the fel
low servant rule. the absence of in
valuation OF waiver.
"The Indiana appellate court" II
says has Just decided that manager
OF a circus may waive a railroads LA
bility not only TO him and his beasts
but for his employees. and in effect de
cides that the roads may owe no dut,
to the citizen but to take his property
by eminent domain and destroy hi:
life through contract. There is no pro
vision In these compensation schemes
TO invalidate contracts of waiver"
On Fellow Servant.
or the fellow servant rule the edit
orial says:
Justice Brewer has decided tha
any form of negligence is actionabl,
and the right to sue, therefore is
constitutional right. but section . o
the Royse act abrogates the constitu
tional guarantees insofar as IL limit.
all actions to serious or wilful mis-
conduct Of the employer or his repre-
sentative This legalizes the rule o
'fellow.servant' and assumed risk
Just why country dedicated to lib
erty should abridge or strangle con
et!tutional rights and limit constitu
tionai actions when monarchies Civ,
the greatest liberty and the most com