Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1912-02-22

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I Provisions Of Proposed Bill.
The proposed bill declares that it is
the policy Of congress to consider the
burden of payments for personal in
juries as an element of the cost of
transportation and directs the inter
state commerce commission to recog-
Enize and give effect to this policy.
The bill would provide that every
common carrier engaged in Interstate
or foreign commerce by railroad shall
pay compensation to any employe who
sustains personal injury in line Of
duty. or to his dependents in case of
his death. 1t makes the remedy ex-
elusive by reason OF the compensa-
ton being complete satisfaction. 1t
abolishes all existing common law aud
statutory remedies, and applies to all
railroads in the District OF Columbia as
we'll.
1t would exclude from compensation
the first fourteen calendar days. ex.
cept that the employer is to furnish all
necessary medical and surgical aid,
including hospital services, and IS to
continue to SO furnish after the Tour
teen days under specific provisions.
The employee or his dependent must
notify the employer Of the accident
within thirty days, except under GER
tain contingencies which extend the
limit to ninety days. After the four
teen day period following the injury
employers and employee are to agree.
in writing on settlement ;arbitra-
ton committees may be organized by
them to settle disputes and award
compensation. subject to review with,
in two years by an "adjuster of accident
insurance" to be appointed by each
United States district court for four
year terms at from $1,000 to $4,000 an
nually. Either partysmay petition the
adjuster to proceed. The adjuster Is
to report his finding to the court.
Right to compensation is forfeited by
an employee as long as he refuses
physical examination by the employ.
er's physician. &
Jury Trials on Demand.
, Jury trial rights are preserved but
are to be deemed waived except on
demand. The adjuster or the court
will fix the compensation Of counsel
for the employee. Provision Is made
for appeals to the circuit court of ap-
peals and to the supreme court, and
for& guardians to act on behalf of in.
fants, under eighteen, or the mentally
incompetent.
The measure would prohibit assign
ments of any cause of action or pay
ments due or to become due and ex-
empts all such liability and payments
from levy or sale. The compensation
is first lien on the employers prop
erty in case Of Insolvency.
The governments right to enforce
penalty is not to be affected by the
actI If any injury or death is caused
under circumstance creating legal
liability for damages by any other
carrier the employer sis subrogated to
the rights of the employe and may
maintain an action to recover dam.
ages not exceeding the compensation.
payable to the employe. No contract,
or device of any kind is to operate to
relieve the employer from any liabil-
ity under the act. The monthly wages
are to be considered as not more than
800 nor less than $50 a. month, with
certain exceptions. s
Monthly Payments of Death Benefits.
Monthly payments Of death benefits
are to be made for eight years thus:
A widow alone, forty per cent OF
the monthly wages; widow and child
under sixteen or otherwise dependent,
so per cent; any child under sixteen
or dependent. rs per cent, and 10 per
cent for each additional child; pay
ments, if the widow dies or remarries
within eight years to be continued to
the children, if any. for the unexplred
period. II no widow or CHILDREN is
per cent to partially dependents, and
20 per cent to one wholly. dependent
parent, and 40 per cent If both par
ents are dependent. In the absence OF
these dependents, provisions are
made for brother, sister, grandparent,
or grandchild as dependents.
+. Payments For injuries. !.
Personal injury compensation is
made on the basis of SO per cent OF
monthly wages for life for permanent
total disability and so per cent during
temporary total disability. For loss Of
an arm payments are to continue sew.
enty-two months, leg sixty-six
months, an eye thirty months, q
thumb thirteen months. No payments
are to be made while the employee is
at work at wages 80 per cent OF those
he received at the time Of his injury.
The commission made provision for
contribution of payments by joint en-
ployers for defining the different bene-
flciaries under the act for modes Of
payment of compensation.
Among the points contended and
discussed by the commission In Its re-
port are these:
|, Congress has the constitutional
power to pass this proposed legisla-
ton 1t is regulation of interstate
and foreign commerce. 1t does not
constitute a denial of due process.
The common law system of employers
liability based upon negligence, is fill
ed with evils and incongruities and
wasteful and 1.-The greater proportion
of the money paid in satisfaction goes
into the pockets of counsel who exact
their compensation in the form Of ex.
orbitant contingent fees and in vari-
GUS ways is consumed in passing
from the company's treasury to the
hands Of the employee or dependent"
The proposed statute is not objection
able because it includes employees not
engaged in the hazardous part of en-
4 Il