The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-25
WAY is CREASED.
Employers Bill and Workmen's
Act Pass.
fractional Lines Forgotten in
the Senate Controversy.
LONGER SCHOOL TERN.
Bill Passes Senate and Is Ready
for Signature
School Of Mines and the Normal
School Bills Not Passed.
LONGER SCHOOL TERN.

Both the workmen's compensation
act and the employers liability oil!
went through the senate committee OF
1.-The whole Friday afternoon without Sc
rious opposition. The legal buzz saws
struck several tough knots. but this
didn't stop the machinery and the bill
came from the committee in excellent
condition.
/ In the fight for the measure, the
/ fractional forces were at times greatly
divided. Price and Brewster, the bell
wethers of the standpat faction, divid-
| ed on opinions and Hamilton and
Ganse of the insurgents were several
times on opposite sides OF the renee.
Brewster made the official onslaught
and he attacked the constitutionality
of several dangerous sections and for
a time he puzzled the laymen with his
mountain of legal opinions and court
rulings. But Ganse came back and
added a few points to top the argu-
ment of the clever Troy lawyer. Ganse
defended the measure in all of its pro-
visions and he declared that the SEN
ate would be guilty of a gross neglect
of duty should it defeat the important
measures of the bill and refuse to give
the people the laws demanded by both
the labor unions and the heads of the
| large Kansas corporations.
1t was in the early proceedings that
one of the important provisions OF the
bulky compensation act was removed
and aILeE E1a1nIILOH IldQ NOISQ LOT tLAS
elimination, he felt change of heart
and moved a reconsideration that
| finally replaced the smitten paragraph.
In the fight over this section Brewster
declared that the authors of the bill
| had injected subject matter that would
make the act imperative and render 1t
unconstitutional. He abused the pur-
poses of the trainers in compelling
| employers to elect as to what law they
would choose in the conduct OF their
I =
| for the provision that compelled en-
pIoyes to be bound by the new law un-
| less they had made different selection
even before the accident occurred. He
said that the new act would annul the
fellow servant law in sc far as 1t APP
piled to railroads operating in the
state. He declared that the law was
| in conflict in its original form with
the federal laws and that the compe-
| tence to an employee was mere pit
lance.
These remarks did not pleas Ganse.
| eli said he had no kind words for the
scathing remarks of the senator from
| Doniphan in his abuse of the favorite
| measure. Then he came back in a
! clever defense of the bill. 1t was a
pretty fight throughout. Ganse admit
| ted that he was a railroad attorney,
| but said it was no crime and that the
| committee had endeavored faithfully
! and honestly to prepare a bill that was
/ fair and just to both the employer and
! the employee. He said that in thou
! sands of damage suits tried In the
| courts under the present laws that the
| claimants received nothing and that
| where judgments were awarded that
the attorney fees practically ate up the
! money received from the action. Ganse
urged that the present bill was good,
| modernized legislation and that the la
| Dor organizations said it was the best
bill that had been offered in any leg
islature in the United States. He
pointed to the fact that where an en-
ployee knew just what he was to re-
ceive, he felt a certain protection. The
payment Of this money promptly and
as the law prescribed saved long de-
/ lays, unfavorable compromises and
/ perhaps the utter loss of a just claim
| in the trial of the case in the courts.
| TEis argument continued throughout
| the consideration of the bill, and the
| senate promptly voted down every
| amendment that had an effect to weak
en- the measure. Judge Price did not
speak on the bill, but he voted for the
measure and when the committee rec
commended the measure for passage it
| was that it should be adopted subject
| to amendment and debate.
| The bill provides that if the workman
| leaves any persons dependent upon his
earnings, that in case Of death by &C
| cident, that an amount equal to three
| times the money which he earned in the
be paid the beneflciaries. Provision is
also made for total disability of an
| amount not less than Sc a week and not
more than SIS week for period of ter
years. The bill was before the labor
| committee for a three weeks session
| and the bill presented in the senate was
| the result of a thorough inspection OF
all employers compensation acts ir
| force in this country. Representatives
of labor organizations who have beer
| n, F1-- aIyc Ls%-l,
| ly pleased with the bill and it is not
believed that the measure will find ser
ious difficulty when 1T is called up fol
| consideration in the house.
If no dependents, the bill provides
the employer shall pay for medical at
tention and burial not more than 500
Where total incapacity for work i:
result of injury:
Fifty per cent of his regular wages
in no case less than 81 per day mol
more than $3.50.
Where partial incapacity results
From rs per cent to so per cent o.
former wages during. such injury Oh
not more than 20 nor less than 81
cents per day.
The employers liability bill which
was adopted in the senate committe,
of the whole, provides in part as fol
lows:
Section L That every company, cor
| poTation, receiver or other person oD
Grating any railroad in this state shall
be liable in damage to any person
suffering injury while he is employed
by such carrier operating such rail
road, or in case of the death of sucl
employee, to his or her personal repre-
sentative for the benefit of the surviv
ing widow and children, or husband ant
children, or children, or mother or faith
er of the deceased, and If none, thei
next of kin ondent upon such EN-
ployee, for such injury or death re
sulting in whole or in part from tn,
negligence of any of the officers, agent
or employees of such carrier. or by rea
son of any insufficiency of clearance o
: Instructions, of strength of roadbed ant
tracks or structures of machinery ant
equipment of lights and signals, o.
7 rules and regulations and of number o
employees to perform the particular du
ties with safety to themselves and thei
co-employees. or of any other INSULT