Mountain advocate. (Barbourville, Ky.) 1904-1935, 1912-04-26

As the result OF the personal interest
of President Taft In all matters ar
feeling the workingmen Of the country
congress- has before It today a COM
prehensive bill on employers liability
and workmens compensation which Is
recognized as one OF the most progress
sive OF the many achievements OF the
Taft administration. The bin was re-
ported by a commission appointed by
President Taft pursuant to joint res
'~6iutie3 Of congress passed on June 20
1910, and II was recently sent to con-
gress by the president, accompanied
with a message recommending its pas
sage. As drafted the measure pro
yides an exclusive remedy and COM
pensation for accidental injuries re-
sulting in disabilities or death to EN-
ployees Of common carriers engaged
in interstate or foreign commerce or
IN the District Of Columbia
This comprehensive legislation Is the
direct outcome OF the general unsatis-
factoriness OF labor legislation passed
by congress in recent years and Is IL
Illustrative OF the Taft method OF reach
ing an admitted evil by a painstaklng
Investigation followed by carefully
considered laws. AS is well known, the
first employers liability law passed In
the last administration was declared
unconstitutional by the courts. a new
law to take its place was passed I'M
der this administration, but it was gen
orally understood at the time that the
comprehensive measure now before
congress was to follow, both as to
liability and compensation, as soon as
the necessary investigation into the
subject could be made The result Is
that the workingmen OF the United
States, 80 far as they can be reached,
by federal law, will soon be working
under one of the most enlightened la
Dor laws on record.
Provision Is made in the bill. as draft
cd tentatively, that every common car
rIer engaged in Interstate or foreign
commerce shall pay compensations In
the amounts specified in the bill to any
Of its employees who sustalns personal
injury by accident arising out OF and
IN the course OF his employment and
resulting in his disability or to his de
pendents In case OF death.
1t is provided In the bill that the In
jured employee shall have medical at
tendance and surgical aid when nee
essary, the last mentioned being limit
ed to 5000. The monthly wages OF an
employee are deemed to be twenty-six
times the established days pay, and
$50 is the minimum monthly wage pay
ment. 1t Is also provided that all com
pensation shall be paid monthly unless
computed to a lump sum.
Death benefits are provided FOR at a
specific percentage OF the mans wages
10 be paid 20 the widow with an IN
crease In the amount when there are
dependent children. and IN case of no
dependents the payment of the burial
expenses Is required. The matter Of
personal injury compensation is also
covered in a fair and equitable pro
vision.
Another feature Of the proposed act
Is a clear definition Of the term de
pendent" as we'll as Of what consti.
tutes an Injury" and an employee"
Legal complications are provided for,
reports OF accidents, payments and
operations under the law 70 the inter.
state commerce commission are re-
qui-ed. and it Is declared that the pro
posed act shall take effect on July /,
1912. and cited as the federal com
pelsation act Of 1912"
IN its Investigations Of this subject
the commission determined at the out
set that IN substance the doctrines OF
the common Law originating under com
paratIvely simple conditions were I'm
Just as applied TO the complex relations
of master and servant. The use OF
complicated machinery, steam and cleo
trl,ity hns had the effect Of Increasing
the deplorable antagonlsm between
employer and employee and often
giving a few injured employees large
HEc frequently eytravagant damages
while the great majority have been left
to hear the entire burden without any
recompense whatever.
At the time Of the adoption Of the
common law rules OF liability indus
trial conditions We're radically differ
pnt from those Of today The number
~ employees was smaller because
ihere we're few big industrial plants
The busine carried on was small IN
extent the appliances used IN the
work consisted LARGELY 81 hand tools
while the power was simple IN char
actcr With little danger 10 the EN-.
plovce Cnder such conditions the
rRles u common law originated
Today there + vast difference.
President Tan. IN the message which
transmitted the report Of the commits.
sion TO congress aptly says. IN speak
ting OF the proposed bin. that II Is one
u the great steps Of progress toward
satisfactory solution Of an important
phase Of the controversies between en-
ployers and employees that have hecn
proposed within the last two or three
decade The old rules Of liability IN.