The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-12-19
woRkMEN,s COMPENSATION.

Roosevelt made speeches advocating
the enactment of a federal workmen's
compensation law applicable to rail
ways, probably most railway managers
were opposed to the plan The change
that has taken place in their attitude
toward public regulation is illustrated
by the fact that good many, If not
most of them are not now oppos-
ed to such legislation, provided 1T be
fairly and wisely drafted. A federal
Employers Liability and Workmen's
Compensation Commission has been
studying this subject, and must by
January 1, 1912, report to congress
what, il any, legislation 1t considers
desirable. The commission is com.
posed of Senator George Sutherland
of Utah, chairman. Senator George E.
Chamberlain of Washington, Repre-
sentative William G. Brantley OF
Georgia, Representative Reuben o..
Moon of Pennsylvania, w. c. Brown,
president of the New York Central,
and D. L. Cease editor of the Railroad
Trainman Launcelot Packer is sec
rotary. The commission few weeks
! ago sent out a statement, in which 1t
said that 1t had tentatively agreed to
recommend legislation along the fol-
| lowing lines:
| Cd The law to provide for pay
| ment of compensation by interstate
carriers engaged in interstate trans
portation to employees sustaining in
I i1irU hu Uhf;n QnOQQQ6 in
such transportation, except in cases
of willful misconduct to be hereafter
specified. ~ The compensation to
be paid by the employer directly. and
not out of general fund createl by
any form of taxation. go That the
| law shall be in form compulsory, and
not subject to election by either en-
ployer or employee {4) The remedy
provided by such law to be exclusive
of any common law or other statutory
remedy. f5) To apply to all accidents
resulting to the employee while in
the course of his employment, except
those where the disability continues
1 for period OF two weeks or less, the
employer, however, to furnish medi.
cal and surgical assistance to an
amount not exceeding 5000 f6) Pay
ments of compensation TO be made
under the Law shall be made period
Ideally, and not in lump sums, with,
however, appropriate provision for
Communication at any time after the
lapse of six months on the applica-
ton of either party % The amount
of payments to be limited to a mini
mum and maximum sum, and not to
continue beyond a specified term of
years, TO be hereafter fixed The ques-
ton as to whether or no, this limita-
tion shall apply TO permanent total
disability is left open. fS) The
! amount of all payments to be based
upon percentage OF the wages re.
ceived by the injured employee at the
time of his injury TO be hereafter
/. fixed. go All claims arising under the
law shall be nonassignable and ex.
empt from law. (l0) In case of death,
g payments to be made TO dependents
including alien dependents d1) All
: claims under the law to be made pre-
: ferred lien. (12) Whenever any rail.
II way company and its employees have
agreed or shall hereafter agree upon a
plan OF compensation which is as fay-
orable to the employees as the provi.
6lCiiD VI LHiS Id BuCH DidH may DE
substituted for the law, provided that
wherever in any such plan the EN-
ployees contribute to the compensa
ton fund, the plan shall contain bene
" fetal provisions in addition to the
? schedule OF payments, equivalent tt
= such contribution.
Q 1t is understood that the commits
q sion will coon report in completed
form the bill 1t fayors, and that 1t viii
!, stipulate what proportion the amount!
. paid in case of injury or death shall
a bear to the employees wages.
There are two principal points in
yolved in the question of workmen'
compensation, that OF expediency an.
that Of constitutionality AS broa,
proposition the Railway Age Gazett
. in It's latest issue declares It believe
: that legislation Of this character is
!, under modern conditions, economical
= " safe and socially Just and desil
2 able II comedies that the theories o
which the old fellow servant" an
= assumption of risk. defenses ar
based is not consonant with moder
. industrial conditions. It instances
. case as follows:
ITO say that locomotive enginee
:. who has been injured In an accider
y because some dispatcher whom h
AZ never saw made mistake in a trai
8. order sent from miles away, shoul
not be compensated by his employs
s. for his injury because the dispatcht
is. Is fellow employe and the enginet
"a. assumed the risk OF working wit
ga such negligent fellow, is nonsens
or The fellow servant and assumption
risk defenses grew up under cond
nc tong of small industry This is II
iis day OF large industry, and the Law
ps, ought to be made to lit the change
he conditions"
up Legislation which determines In a
zen vance how much the employer shs
On. pay an employee, or his heirs II Il
SEQ employee be injured or killed, pro
me ably will not tend to increase ac,
den's' IN the judgment Of the A,
10 Gazette 1t argues that very few m,
Reo viii deliberately incur the risk of
on jury or death because they know