The Bridgeport evening farmer., 1911-10-16
STATE VS. NATIONAL
 INDUSTRIAL INSURANCE
Proposed Substitutes for Compensation Laws-In- surance Cheapest Method If Legal-Recent Opin- ions on This Problem.
Mary Brown Sumner

Mary 6rOWn sumner
 (Exclusive Service The Survey Press Bureau3
 Since the New York Compensation Law was declared unconstitutional there have come into prominence two movements, for state and for nation al insurance respectively, against in dustrial accidents. Both have back of them the strong argument that such insurance, which has been in opera tion for thirty years in Germany, cost ing the worker nothing the employer only an incOnsiderable state inSur- ance premium in place of the heavy in America, and, in consequence of the cheapness, putting only light burden on industry, would yet give the worker payment on generous scale during the whole of his incapa- city, and in case of death, would give his children support during the whole of childhood and his widow during the whole of widowhood. In contrast to these awards compensation laws of the New York type provide for only a limited period and may be regarded more in the nature of measures for "tiding over" a short period, than for providing adequate compensation for loss. By common consent the insur- ance system is acknowledged to be the best, and the question has been sim- ply whether the best system is, for constitutional reason, too good for America Since the check on the ground of unconstitutionality given to compensation legislation by Judge Werner's decision on the New york law several learned lawyers have gone deeply into the constitutional question as applied to insurance. They feel as result of this study, that state in- surance has a better constitutional systems, and that nationalal insur- ance has firmer basis still. Two states Montana and Maryland have for over a year had state insurance systems in the mining industry, and within the last few months Ohio and Washington have passed state insur- ance laws covering most occupations These laws are based like the compen- sation laws on the police power but they are furthermore backed by the Supreme Court decision in the recent Oklahoma bank insurance case that the seizure of property in an incon- siderable amount for the public good is constitutional. This backing for the small compulsory insurance premium is, of course, entirely lacking for the large seizure of property under com pensation law. A test case has been DTOuRul lIl6 w dS1lluS lOI1 dCl anu a few months will prove how strong the police power, thus modified will be in proving the cOnstitutionality of State Insurance.
 The case for national insurance does not as does state insurance, depend on the police power alone It's basis was discussed by Miles M. Dawson in a brief recently read before the Fed eral house committee. This basis is the statement in the preamble to the federal constitution that the people of the United States ordain his consi- tuion among other purposes to pro mote the general welfare.'' Act l, Section g. specifically gives the gov ernment power to lay taxes for this purpose, and example of federal taxes not for revenue but for the general welfare are the tax on oleomargarine and the tax levied on seamen for the support of marine hospitals in force from 17ss till 1884. This taxing pow CT has carried with it the power to egSsn4 the funds collected on any pur- poses conducive to the general welfare, such uses, for instance, as the sea- mems hospital before referred to, the tax collected constituting this case an insurance fund whose burden was borne uniformly by all American sea- men for the common welfare of the whole body of seamen. This Seamen'S s tax indeed forms an excellent prece- dent for a federal insurance system.
 The American Federation of Labor has already appointed a committee to consider the question of national in- surance, and it is the avowed purpose of the adherents of national insur- ance to make accidental insurance but the first step toward a system of so- cial insurance for old age invalidity and sickness, such as that now in force in Germany and in part in Eng land.