The Bridgeport evening farmer., 1911-02-25
CHANGING EMPLOYERS
 LIABILITY

Example Set by the Nation
 al Government = Many
 States Have Workmen' s
 Compensation Commis- sions = Accident Relief
 Systems of Private Com
 panies.
 Exclusive Service The Survey Press
 Bureau.
 The last half decade in this country has seen an increase of interest in the problem of adjusting the burdens that come from industrial accidents. The doctrine of compensation as dis tinguished from that of liability is gaining adherents. The fact that this question is one to which our legisla- lures must give their best attention has been very evident since President Roosevelt in his address at James town said: "As matter of fact there is no sound economic reason for dis tinction between accidents caused by negligence and those which are un- avoidable, and the law should be such that the payment of those acci- dents will become automatic instead of being a matter for a lawsuit. It is neither just, expedient nor humane. it is revolting to judgment and senti- ment alike, that the financial burden of accidents occurring because of the exigenc.es of their daily occupation should be thrust upon the sufferers who are least able to bear it.''
 Practically every civilized commer- cial nation has abandoned the old sys- tenn of liability based on fault for one by which each industry bears the cost of relieving it's injured workers without litigation. To effect as far as possible the same result Federal Leg islation has been passed which ap- plies to employees of common car riers engaged in interstate commerce. law was passed in 1909 which pro vides compensation to artisans and la borers employed by the Federal Gov ernment in any of it's manufacturing establishments, arSenalS, or navy yards or in the construction of river and harbor or fortification work, Or in hazardous employment or construc tion work in the reclamation of arid lands or the management and con- trol of the same Or in hazardous em- plOym0QC uIlueT IHG 1SluIIlldu Odudl Commission. There is also a statute applicable to the employees including laborers of the insular government in the Philippines. United States Workmen's Compensation Commission has been appointed to make thor ough investigation of the subject of employers liability and workmen's compensation.
 The first absolute departure in the United States from the doctrine of liability and proved fault was CO., operative insurance law passed in 1902 in Maryland. It applied only to Hfreet mea raMayy on deatS was absolute and the law was admin istered by the state insurance com missioner. After two years it was declared unconstitutional as depriv- ing parties of the right of trial by jury. It was also declared defective judicial functions. A second law passed in 1910 applying to miners in Allegheny and Garret Counties pro- vides that suit may be brought. This however, bars compensation rights and conversely the acceptance of ben ef1ts bars the right to sue. Under both laws employers and employees made equal contributions to the fund from which the benefits were payable.
 A cooperative insurance fund for miners and mine labOrerS is provided by statute in Montana under which payments by employers are comput- ed on the basis of the tonnage mined and shipped, held for shipment or sold locally and by the employee on the basis of gross monthly earnings In- surance is compulsory and the funds are administered by the state officials.
 State legislatures throughout the country are apparently in at least a receptive mood since not less than eight have passed laws Or resolutions providing for commissions to make investigations and proposing legisla- tion intended to meet more adequately the conditions of industrial opera tions than does the present system. In addition the governors of Montana and Washington appointed commis- l sions apparently without special leg islative authorization.
 In Massachusetts in 1908 the legsla- ployers to submit to the State Board of Cancellation and Arbitration schemes of compensation which, if approved by the board, might form a basis of contract between such em- ployers and their employees by vir- compensation scheme should be sub stituted for the liability of the em- ployer under the common law or the employers liability act. This tenta- tive and permissive legislation has not satisfied the demands of the parties interested in Massachusetts and the governor was therefore authorized to appoint a commission of five persons to draft an act for the compensation of employees for industrial accidents
 Commissions in Illinois, Wisconsin and Minnesota have reported drafts of proposed Workmen's Compensation laws. More recently commissions have also been appointed in New Jersey and Ohio.
 In New York a commission recom- mended legislation along two lines: compulsory compensation act applica- ble to specified dangerous employ ments and an elective compensation plan of general availability coupled with the amendment of the present laws governing liability. In accord ance with these views, bills were drafted and introduced into the Iegis- lature and were enacted. Oregon by a referendum vote has decided in fla vor of workmen's compensation law
 Last November a national confer ence upon compensation for industrial accidents was held at which the com missions of eight states and the Unit ed States Employers Commiss on and the United States Bureau of Labor were represented, and it is evidence of progress toward a common under standing of the principles underlying the system of compensation for indus.