The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1911-10-04
LIABILITY LAW
IS BEING DRAWN
PRINCIPAL POINTS OF cOMPEN'
SATION ACT TO BE PRE-
SENTED TO LEGlS-
LATURE.

The commission appointed by Go
Osborn 10 study the question of worl
ingmens compensation has complete
It's public hearing on the question an
win now take up the work of formu
lating to the legislature by the GOV
ernor.
While the repor, is purely tentatiy
as yet, the principal points to be rec
commended are:
The creation of a state depart
mont TO administer the law.
Compulsory contribution to the
componsating fund from which
damages arising from the injury
or death of workingmen are to be
paid.
Making ii elective on the part
of the men as TO whether they wish
To come under the provisions of the
act.
The abolition of the Common law
defense of contributory negligence,
fellow servant doctrine and as
sumption of risk in cases whore
the worker elects To come under
the compensating law.
\ slight modification of the COM
mon law defense, particularly on
the fellow servant doctrine for the
protection of those who decide To
take their chances i'm court.
The fixing of $4,000 as the maxi
mum which may be paid for death
or total disability in the case of
those who come under the pro-
visions Of the law.
Those are the principal points, and
oven they are subject to change. one
point that has not absolutely been
decided is whether the individual en-
ployer viii be compelled to stand alone
and suffer his own losses or whether
all will contribute 20 a general fund
from which claims will be paid.
The commission will prepare with its
report a bin containing the provisions
Il favors, which will be presented 10
HE legislature.
As the commission is framing up
its report, when the employee accepts
n job he will have to declare what
he is going to do in case Of accident.
The question Of whether a man
should be paid if injured while intox-
icated is also a mooted one and it is
likely that on this point the law will
be that he is entitled to damages
only of the employer allows him to
go to work knowing that he is intoxi-
Gated.
The statistics worked out by the
commission show that the average
paid by employers in case Of the
death of a worker is $500. of which
the beneficiary receives but $3.50, the
rest going to the lawyers.
Tho lawyers, or rather those with
big damaging suit practices, are OPP
posed To- the whole scheme. J. Frank
Dohanoy and J. NJ McIlwain, the lat
ter from Port Huron, appeared before
the commission at Detroit on Satur-
day afternoon and opposed particular
~ taking away from workers the right
to sue
Insurance Men Opposed.
The law is also opposed by the liza
bility insurance companies. which now
insure employers against loss through
accident and which fight the cases
brought by the men.
Much interesting argument was pre-
sonted by the various men who at
tended the two sessions of the com
on Saturday afternoon at De-
troit, but the striking fact was the
lack Of knowledge Of what had been
done in other states along the same
lines and Misrepresentation on the
part of those appearing as to the in
tents and purposes Of the law. 1t was
plain that a campaign of education
win he necessary before any act
can be passed by the legislature.
Deputy Labor Commissioner John
Smith spoke in favor Of the plan. ]
u. bort. the Flint carriage maker, i.
for the scheme on general lines, hui
part If the cost. Frederick b. Smith
Of the Wolverine Manufacturing Co.
favored the plan. G. L. Raymond an,
Fred L. Vandevccr Of the Travellers
Insurance Co, opposed the plan OF