The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1911-04-08
Experts in Industrial J Matters
Point Out Advantages to be
Gained From Their
Adoption
PREVENTATIVE OF ACCIDENTS
Tecumseh Sherman and Miles w.
pawson Gives Views Before Po-
litioal and Social Science
Workers.

philadelphia, April S-P Tecumsei
sherman. former Labor Commissionel
or the state of New York, ADDRESSED
the Hfteenth annual meeting OF the
American Academy OF Political ant
Social Science today on the merit.
Of compensation law. He said:
"I win limit my arguments to those
which apply with fun force only tC
employment in the more hazardous
oreanlze5 industries, to which, in my
iutsment. cur FIRST experiments in
.ae law OF compensation should be
limited in their application. The COM
rensation law, is a development from
tne principles of the negligence law
corrected to conform to the lessons OF
cyusricucc and to modern scientific
knowledge and modified with a view
90 concrete as distinguished from alb
sua,t Justice. The compensation law
differs from The law Of negligence in
principle IN that it changes the rules
of "contributory negligence" Of AS
sumption of risks and of fellow serv-
amt" the criterion OF negligence and
the rulcs governing the burden nf
proof and in Chat it fixes definite
aud limited measure of the amount
OF tho liability.
Liability for Employer.
"lne compensation law treats all
the necessary risks Of employment as
Joint RISKS. of which the consequence
should Dee shared between the employ
or and his injured workmen; and IL
accordingly imposes upon the employ
cr legai lnbnty to pay to his in
jurod Worlm6n on their dependents,
Hs Stare GENERALLY one-half) of their
wage losses resulting from such risks.
I'm contrast with tho compensation
law, our negligence law gives univer-
sal saausfacuon Not only It is in
maIy respects absolutely unjust, but
even So far as its theories are just it
fails to carry out those theories in
practice, but results in q medley Of
O. q wrong oppressive waste and de-
layed or compromised justice.
Fault With Present Laws.
The fault lies not SO much with
The machinery of our courts as with
the lazy Itself For the law starts
from an unfair basis, by imposing the
Burden of proof entirely upon the in
jueJ wockmen, and thereby insures
injustice TO them where. as happens
i'm large proportion Of cases, from
the very nature of the accidents. there
can oe no real proof. And, where
there is a scintill of proof, our law is
wrong, not as. much in making jurors
judges Of the facts, as in making them
judges Of all possible infcrcnces from
distorted versions Of part of the
facts, without scientific rule or reason
20 suide them. The result only is
but must be a pure gamble, ore eX-
Ten.ive wasteful. distressing ald cor
iuptins Than am form OF gambling
prohibited by the penal law.
In my opinion It is altogether a
mistake to seek to remedy the exist
ing evils along the lines of our en-
ploEcrs' liability statutes. These laws
are i'm too many respects grossly un-
Just TO employers. increase litigation.
are expensive and wasteful, are slow
ana uncertain in results and furnish
small additional relief to the victims
OF Industrial accidents in the mass.
III is principal merit of the COM
pensation law that under it questions
oil indu7trial safety would cease al
most altogether TO be subject for u-
uie''l determination. and that the in
leiIigence and efforts of employers
would then be directed towards the
prevention Of accidents instead of to-
wards The malntainance of arbitrary
conditions which will merely prevent
Inability for accidents.
Miles w. Dawson Talks.
IN discussing the best system Of
"orNmen's compensation for the Unit
"a states Miles w Dawson. Actuary
VI tue Russell Sage Foundation. said,
me subject must be considered I'm
connection with the effect of diToron,
'sS'ems upon the interests of employ
vs. 'he employees and the general pub
u 's' therefore, necessary to in
e winch method will impose the
.'"'s' ana best equltably distributed
'St upon the employers. ana tberoo,
-, - 'ne industries, which system viii
,,., "u'r the most effective. reliable and
o,'., 'S''ly realized aid to injured
soa','sS pl'seS whose deaths are caused by
~. ''"'s' and which system win be of
q, ~ sreatcst service to the public. taxi
t,s '"'o account the cost the relief of
chr. pressure upon public and private
~ @l,'S' The diminution Of pauperlsm.
os re'"aturc eompulsion to labor and
Like Industrial Insurance.
lho "e present time we are facine