Morgan County republican. (Versailles, Mo.) 1906-1914, 1912-02-29
URGES JUSTICE
FOR EMPLOYEES
President Favors Passage Of Work
mems Compensation Act
SUBJECT or SPECIAL MESSAGE
Calls Attention to Great :njustice Of
Present System and Heavy En-
pense of Litigation Which
Bill Eliminates.

Washington.-President Taft sent
the following message to congress-:
To the Senate and House of Repre-
sentatives:
have the honor to transmit here.
with the report of the employers liza.
bility ana workmen's compensation
commission, authorized by Joint Reso.
luton No. Al. approved June 20, 1910,
ito make 4 thorough investigation Of
the subject of employers liability and
workmen's compensation and to sub
nit q report through the president to
the congress of the United States"
The commission recommends u care
fully drawn bill, entitled "a bill to
provide an exclusive rem dy and com.
pensation for accidental injuries re-
aulting in disability or death, to EN-.
ployes of common carriers by rail.
roads engaged in interstate or foreign
commerce or in the District of Colum.
bia and for other purposes"
This bill works out in detail a COM
pensation for accidental injuries to
employees OF common carriers in in.
terstate railroad business, on the
theory of insuring each employe
against the resulst of injury received
In the course of the employment with
out reference to his cOntributory neg
ligence 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 no
compensation is to be allowed by
the act is where the injury or death
Of the employe is occasioned by
his wilful intention to bring about the
injury or death of himself or of an.
other, or when the injury results from
his intoxication while on duty.
1t is unnecessary to go into the de.
tails of the bill. They are, however,
most admirably worked out. They
provide for a medical and hospital
service for the injured man, for a
notice of the injury to the employer,
where such notice is not obviously
given by the accident itself; for the
fixing of the recovery by agreement;
II not by agreement by an official ad.
juster, to be confirmed by the court,
and, If a jury is demanded, to be
passed on by a jury.
The amount Of recovery Is regu.
lated in proportion to the wages re.
ceived and the more or less serious
character of the injury where death
does not ensue, specific provision be.
ing made, for particular injuries, in
so far as they can be specified. The
compensation is to be made in the
form of annual payments for n num-
Der 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 investiga.
ton seems to show hat under this
act the cost to the railroads would be
perhaps % per cen more than the
total cost which they now incur.
The report of the commission has
been very able and satisfactory, the
Investigations have been most thor
ough, and the discussion of the con
stitutional questions which have
arisen in respect 10 the validity 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 un,
der the provisions of the commerce
clause, the bill could be considered
TO be a regulation of interstate and
foreign That seems to be
already settled by the decision of the
supreme court in the employers liza
bility case.
The second question is whether the
making of those remedies exclusive
and the compelling railroad compa
MES to meet obligations arising from
Injuries for which the railroad woult
not be liable under the common law
IS o denial OF the process of Law
which is enjoined upon congress by
the fifth amendment to the constitu
ton I'm dealing with 'he property
rights. This question the report takel
up and in an exhaustive review o.
the authorities makes clear, rs (.
seems to me, the validity OF the act
This Is the question which in thu
court of appeals Of the state of New
York was decided adversely to tn,
validity OF the compensation &C
adopted by the Legislature OF tina
state. How far that act and the on,
here proposed differ. it is u%nnecessar.
to state. 1t is sufficient to say tina
the argument OF the commission II
most convincing To- show that the DO
lice power of the government exer
cised In the regulation Of interstat,
commerce is quite sufficient to 1ustif!