The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1911-01-12

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pursuits can be attributed TO our ar
Chaic and ineffective system for the
compensation OF those injured in in
dustrial occupations. Tho United
States is the only civilized nation in
the world that gives to the man in
jured in the course Of his employment
no action for damages and no com
pensatlon therefor unless II can be
shown that he was injured through
the fault of his employer. Changes In
the law Of employers liability and
workmen's compensation laws have
leen adopted by the national govern
ment and some OF the leading states,
and a large number OF states have
commissions investigating this sub
Ject. The great economic loss by ren.
son OF these deaths and injuries, az
we'll as the distress and suffering in
Cident thereto. makes the question
one of paramount Importance.
In order that Missouri might not
lag behind other states In the Consid-
Grafton of this subject, | have asked
number of those interested In this
question by reason OF their official
positions or through membership In
organizations which have given II
consideration to investigate the sub
joct and report their recommends
items TO the general assembly. There
ID some question as 70 how far va
can 20 under our constitutional limi-
t,t 10, nj ~ n La NJ
l'ding for compulsory compensl tia
for worlmen injured in industrial puE
suits. II is clear, however, that tLlrN
IL no constitutional inhibition agubIst
abClshing the defense Of assumytIou
OF risk and the negligence Of flAow-
servants, two archaic defcnses StaS-
n,hcd under conditions that no loNg@
obtain in Industrial occupations, and
#hich contribute more often to un-
just than to just results in litigation
tor compensation for personal inJu-
rics
If it Is the opinion Of the members
OF this general assembly that there IL
not sufficient time to give TO the diff.
f,rent phases of this subject, the con-
yldcration and investigation necessary
Tor such an important change In our
system OF litigation and in the con-
duct Of our industrial and commercial
occupations, earnestly recommend
rat you provide for q commission
which shall further investigate this
subject and make its report to tho
next general assembly.
judicial Procedure.
In connection with the suggested
notifications in the law fixing the
liability of the employer, there is tho
question Of the smpliheaiiun of our
Judicial procedure by adopting such
changes as will bring about a speed
Ter administration Of justice ard few
rr reyersals ON account Of tcchnicali-
! lies not affecting the merits Of tho
| litigation. while II is true shat any
system of judicial procedure can bo
| abused by those who administer It
| and that an efficient and vigorous per.
Torrance Of judicial duties can do
much, even under our present system,
to correct existing abuses and defects,
set II Is also true that further legis-
| latipu can. with profit be enacted IL
the legislature would pass II law pro-
yidinE that no Judgment in civil
orr criminal case should be reversed
unlasa the court could aflrmativcly
-ay, after an examination Of the en-
IRE record, that the judgment WAS
for the wrong party and that but for
the errors complained of a different
| Judgment would have been rendered,
our appellate courts would then have
~ excuse or justification for the re-
vcrsal Of judgments upon tcChuicali-
ties not eTcctmg the merits of the
| litigation.
Jurisdiction Of Court Of Appeals.
The present condition OF the SUI
IRENE court docket, which results in
., delay Of three years Ia the dcCi-
| sion of cases appealed to that court,
Is a direct denial Of the mandate OF
| the constitution that Justice shall
| neither be delayed nor denied
The correction of this condition
mist rest. TO n large extent with tho
| Judges themselves. but something can
be done by the legislature toward this
end. II the Legislature would increase
| the jurisdiction OF the three courts OF
appeals from $500 to $4,000. 1t
would bring about substantial de-
crease In the number Of cases APP
pCalcd to the supreme court and IL
corresponding increase in the number
Of cases within the jurisdiction OF
The courts of appeals, with some cor
rcctlun at least, Of the delay in tho
| decision of eases on appeal.
Primary Election Law.
| In 1907 the 44th general assembly
enacted a general primary election
law and senatorial primary election
| law. Both of these statutes have now
heen tested by experience in two cleo
| tons and the results have been ncith-
or entirely satisfactory nor corrective
| of the evils and abuses incident to
the old convention system that they
we're intended TO correct
| While It Is unq Iestionably the de-
|