The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-07-13
.WORKINGMEN'S
COMP PENSATION
Discussed by James Har-
rington Boyd Before the
State Bar Association.
by unlted Press wire.


fore the bar association on legal prln-
ciples involved in worlingmens COM
pensatlon act.
James Harrington Boyd's paper
Wednesday afternoon was the third Of
series on the workingmens com
pcnsation act framed by the state
commission OF which he was chair
man. and, after amendment, passed
by the last legislature. The first pa
per was a historical review OF legisla-
tion Of this character, the second
dealt with statistics on the subject
collected by the commission and third
was an argument for the legality and
constitutionallty of the bill. He argued
that as statistics show that while
hfty to ffty-fve per cent. OF accidents
are due to natural hazards of the
business, eighteen 60 twenty per cent
To the negligence OF the employer
and twenty five to thirty per cent.
60 negligence OF the workingmcn while
In fact compensation is paid on only
about twelve per cent. of the cases in
the United States the old jaw was
failure from thestandpolnt of tho
workngman. The great question was
whether obligatory Industrial insur-
nnce as. provided in the bill Is within
the legislative powers of the state. 1t
had been argued that It contravencd
the limitations of the constitution of
the United states. He contended that
the state has clearly the right to pass
proper police measures to regulate the
conduct of business Of employments,
quoting the supreme court OF the Uni
ted states i'm q decision upholding the
right Of the state to regulate the rates
to be charged by grain elevators.
Reciting the provisions Of the act he
argued that no constitutional llmita-
tlons are contravened, quoting a Uni
ted states supreme court decision that
the state has the right to collect an
assessment from a. bank for a depos-
itors' guaranty fund as showing the
right TO collect from the employer Tor
a workmen's compensation fund. inc
court said: ct is established by "a
series of cases that an anterior public
advantage may justify a comparative
ly insignificant taking of public prop
erty for what in its immediate pur-
pose. Is private use"
The police power may be put forth
in aid OF what is sanctioned by
usage or held by the prevailing moral
1v or strong and preponderant opin-
ion to.be greatly and Immediately
necessary To the public welfare. ii
the the legislature of the state thinks
that the public welfare requires the
measure under considerations analogy
aud principle are I'm favor of the right
to enact 1t.
Against the claim that lovying an
assessment on employer and employe
is taking private property without aue
process of law, Mr.. Boyd urged that
the collection and disbursement o,
taxes are legislative functions ahu
that the legislative act is IN its'll
due process OF law. He quoted inc
supreme court taxes have not as
a general rule in this country since
its independence nor I'm England ne
fore that time, been collected py reg
Mar judicial proceedings In court OF
iustice The necessities of govern
ment. the nature of the duty oil the
neople. have established different
nrocedure, which in regard to thal
matter, is and always has been uue
process Of law
Ana again "the phrase due process
of law does not necessarily mean
judicial proceeding" "The power 10
tax belongs exclusively to the lesiS'"-
tive branch of the government
The bill, he argued, In denying tno
employe the right to sue, except III
certain Instances, does not take away
81 vested right because authorizes ho'u
that n right cannot he cons dered Il
.vssted right unless it is something
more than such a mere expectation
AZ may be based upon the ahtlc'p"
tad continuance of the present seneral
laws He quoted the supreme court
,,hut n mere common law regulation
80 trade or business may be changed
hv statute. A person has no properly
Vested interest, in any rule OF the
common law 1-onl,
He explained that the New 'l,' olM
,,orlk,namen's compensation law which
hos hoen held unconstitutional placed
a double liability ON employers py re-
,s,o,,ng the common law detenses'
,"bilo the ohio law discharges the EN-
.nIover from a suit at law In con-
stdoratiou of his assessment Tor 'he
compensation fund which Is adnl'''s-
tered by the state