Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-01-16
Commissioners Say COmpensa.
ton for Injured Employees
Should Be Compulsory.
BILL MAY BE PRESENTED TO
THE LEGISLATURE TONIGHT.
Criticism of Present Method Is
Made and Remedies
Pointed Out.
Especial to the Newark STAR

TRENTON, Jan. 16.-ExpresSing the
unanimous belief that compensation to
injured workmen is a legitimate charge
against the cost of manufacture and
that the victim of an industrial acct
dent, or his dependents, should receive
compensation, not as an act of grace
on the part of his employer, but as a
matter of justice, the State commits
sion to investigate the question of en-
ployers' liability has filed it's report
with Governor Fort. 1t is expected
that the report and the bill which the
commission has drafted will be pre-
scented to the Legislature tonight.
After it's exhaustive investigation of
the question the commission says that
under present law the burden of indus
trial accidents falls in the most hap
hazard and u%nscientifc name on the
victim himself n his dependents, the
benevolent employer, the sympathetic
fellow workmen, or the public au-
thorities, or on all of these. Continuing,
the commission says: +
Opinions Against Act.
I'VE regret, however, that we are
forced to the conclusion that the weight
of legal opinions received by COR
r~espondence and verbally is against the
constitutionality of an act which would
compel an employer to compensate an
injured employee without regard to the
fault or negligence of the employer.
We are advised that as the law
stands at present the employer is held
liable only when the accident is due
to his fault or neglect. He is not liable
(a) when the negligence of the en-
ployee contributes to the accident; CD
when the accident is due to a natural
risk of the employment; Co or when
the accident is due to the act of a fell
low servant
The theories of contributory negli-
gence, assumption of risk and fellow
servant are discussed by the commits
sion. Taking up co~ntributory negli-
gence, the commission says that It be-
lieves that the theory of this defense Is
founded on principles of justice, but
h a a change has been suggested to
the so-called doctrine of comparative
negligence which involves on the part
of the court or jury a balancing of the
relative amount Of fault or negligence
as between employer and employee.
Sound In Theory.
While this doctrine is theoretically
sound the commission says, I'VE are
advised that in those States where IL
has been adopted in practise it has re-
suited in substantially a complete alb
rogation of the defense by the en-
ployer of negligence by the employee.
We are unable, therefore, to recon-
mend the complete ~abrogation of this
defense until constitutional barriers are
removed which now prevent the adop-
tion of a comprehensive scheme of
compulsory compensation which shall
distribute the burden of industrial ac-
cidents fairly among all employers and
through them on the purchasers OF
their product.
In order, however. to prevent the
consulting of the injured employee on
a mere t~echnicality, 1. e., where his
negligence is relatively trivial. we
recommend the modification of the
present law as stated in our proposed
bill requiring the proof of 'wilful negli-
gence.'
"In this connection the members of
the commission desire to emphasize the
fact that they are unanimous In their