Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1912-02-23
SUBMITS FINDINGS
TO TOC0NGRESSMEN
SENATOR SUTHERLAND GIVES
REPORT OF WoRMEN's CON-
PENSATIoN COMMISSION.
URGES MEASURE BE DRAWN
Men Appointed to Investigate Injuries
to Employees on Railroads Rec
ommend Bill Be Framed
to Aid Unfortunates.

Washington, d. C.-Senator Suther-
land has just sent to congress, through
the president, the following report of
the employers liability and work
mems compensation commission au-
thorized by joint resolution No. Al
and approved June 25, 1910:
To the Senate and House of Representa-
tives:
I have the honor to transmit herewith
the report of the employers liability and
workmens compensation commission, au-
thorized by joint resolution No. Al, ap-
proved June 25, 1910, ito make a thor
ough investigation of the subject Of en-
ployers' liability and workmen's compen-
sation and to submit a report through the
president to the congress of the United
States"
y The commission recommends a care
fully drawn bill entitled, "a bill to pro-
vide an exclusive remedy and compensa-
ton for accidental injuries resulting In
disability or death to employees of COM
mon carriers by railroads engaged in in
terstate or foreign commerce or in the
District of Columbia and for other pur-
poses" This bill works out in detail
employees of common carriers in interstate
railroad business, on the theory Of in
suring each employee against the results Of
injury received in the course of the en-
ployment, without reference to his con-
tributory negligence and without any of
the rules obtaining in the common law
limiting the liability of the employer in
such cases. The only case in which COM
pensation is not to be allowed by the act
is where the injury or death of the en-
ploye is occasioned by the wilful intention
to bring about the injury or death of
himself or of another or when the injury
results from his intoxication while on
duty.
Details Worked Out.
1t is unnecessary to go into the details
of the bill They are, however, most ad-
mirably worked out. They provide for
medicals and hospital service for the in
jured man; for a notice of the injury to
the employer, where such notice is not
obviously given by the accident itself;
fer the fixing of the recovery by agree
ment; If not by agreement, by an official
adjuster, to be confirmed by the court,
and If jury is demanded, to be passed
on by a jury. The amount of recovery
is regulated in proportion to the wages
received, and the more or less serious
character Of the injury where death does
not ensue, specific provision being made
for particular injuries, insofar as they can
be specified. The compensation is to be
made in the form of annual payments for
a number of years or for life. The fees
to be paid to. attorneys are specifically
limited by the act. The remedies offered
are exclusive of any other remedies. The
statistical investigation seems to show
that under the act the cost to the rail-
roads would be perhaps 25 per cent more
than the total cost which they now incur.
The report of the commission has been
very able and satisfactory, the investiga-
tons ahve been most thorough and the
discussion of the constitutional questions
which have arisen In respect to the va
lidity of the bill is Of the highest merit
Three objections to the validity of the
bill, of course. occur:
In the first place, the question arises
whether under the provisions of the COM
merce clause, the bill could be consid-
cred to be regulation of interstate and
foreign commerce.
That seems to be already settled by the
decision of the supreme court in the en-
| ployers' liability case.
Property Rights.
| The second question is whether the
making of those remedies exclusive and
the compelling of the railroad companies
to meet obligations arising from injuries
for which the railroad would not be liable,
under the common law. is denial of the
due process of law which is enjoined upon
congress by the Fifth amendment to the
constitution in dealing with the property
rights. This question the report takes
authorities make clear. as it seems to
me, the validity of the act. This is the
question which In the court OF appeals
of the state of New York was decided
adversely to the validity of the compen-
sation act adopted by the legislature OF
that state. How far that act and the one
here proposed differ 1t is unnecessary tc
state. 1t is sufficient to say that the
argument OF the commission is most con-
vincing to show that the police power Of
government exercised in the regula tior
of interstate commerce is quite sufficient
to justify the imposition upon the inter.
state railroad companies of the liability
for the injuries to its employees on an In
surance basis.
The third objection is that the right o.
trial by jury, guaranteed by the Seventh
amendment, is denied. AS a matter o
fact the right is preserved In this ac
by permitting a jury to pass on the issu,
when duly demanded In accordance will
the Limitation OF the act. sincerely hop'
that this act will pass. deem 1t ont
of the great steps OF progress, towart
a satisfactory solution of an importan
phase of the controversy between EN-
ployer and employe that has been pro
posed within the last two or three dec
ola .t,1n af nnnt tfN 1at.t
common law were adapted to differen