The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1912-11-13
COMPENSATION
ACT IS A MODEL
How the Federal Governments
Plan Works.
THE INJURED GOT s7O4814
Relatives of Those Killed Received
Sll2,S7s-Solicitor Earl Gives Fio-
ures From Aug. I, 1908, to Dec. 1,
191f-$3oo,00o More Since.

III 80 SNNSs tS0of 10 bGC.
| 1s1f-$3oo,oo0 More Since.
Charles Earl, solicitor of the depart
ment OF commerce and labor, has sub
mitted to Secretary Nagel of that de
partment compilation of his opinion.
dealing with the government work
mems compensation act, under which
compensation Is granted for injuries to
artisans or laborers employed by the
united States. This is the pioneer
among compensation acts in this coun.
try, Since its enactment sixteen states
nave passed laws of similar charac-
ter, and the number is likely to be in
| creased during the coming sessions of
l state legislatures.
The money benefits paid under this
act between Aug. 1, 1908, when 1t be-
came effective, and Dec. /, 1911, aggre-
gated $To4,S14.GO paid to injured per
sons on account of nonfatal injuries
and $l12,S79.02 paid to surviving de-
pendents on account of fatal INJURIES
Since December, 1911, additional bene-
fits amounting to nearly 100000 have
been paid. During the first year after
the passage Of the act 1906 claims
were submitted, of which 1850 were
allowed. During the second year 2.624
claims were submitted and 2,499 al
lowed.
How Statute Applies.
The present statute applies only to
artisans or laborers employed In GER
tain specified branches of the public
service or In certain hazardous occu-
pations under the government. ANY
workman covered by the act who is in
Jured in the course of his employment
Is entitled to receive for one year there
after. unless sooner shla. tn roSnpao
to be employed, except where the In
jury was due to his own negligence or
misconduct. II the injury results In
death during the year the compensa-
ton allowed is payable to the widow
or children or dependent parent.
Nj. Earl emphasizes that feature OF
the act which permits Of the establish
ment of simple and direct mode OF
procedure, whereby the technicalities
and delays are avoided and the relief
provided can speedily be given, and the
further feature whereby the govern
ment is forbidden to exempt itself
from liability by any contract. agree
ment, rule or regulation.
Solicitors Statement.
In this connection he says:
''The prompt payment Of compensa.
ton at time when the breadwinner
is stricken and money is most needed,
without forcing the claimant to pur-
sue an elaborate, expensive and dila-
tory process Of proof, is one Of the
striking benefits Of the act. Being In
Its nature a remedial statute, 1t Is
rightly susceptible Of a liberal inter
probation, as contrasted with a strict
| Interpretation, In order to bring home
| the benefits intended. Such has been
the Interpretation regularly applied by
the secretary Of commerce and labor
without, of course, disregarding any
of the limitations Of the statute or ex-
tending It beyond its term"
In speaking further OF the nature
and benefits of the act the solicitor
states that 1t marks distinct step in
advance and substitutes an enlightened
modern view for certain obsolete doc
trines Of the common law since 1t moi
only gives a remedy where none ex
listed before, but 1t valves the right oi
the government to exemption from lia
bility and dispenses with the necessity
OF appeals to congress In individua
cases. ~.
| The solicitor nou.- -, y ~ ,aI
1900 accidents were reported uA., .
the act during the first three years o
fits operation. whereas only aboaS S,G0
claims were filed, due to the nmitet
scope OF the law, and strongly urge
this as I'm indication of the need Of ex
tending the benefits Of the act by sup
Elementary legislation. Such Iegisla
ton, In fact. has been recommends
by the secretary of commerce and Ia
Dor, and measures designed to enlarg
the scope Of the act are now pendin
In congress.