The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-02-23
TAI ON WORKMEN.S
CONVERSATIONAL
TRANSMITS A MESSAGE TO CON-
GREss WITH REPORT OF
THE COMMISSION. t
DISCUSSES THE REPORT
Believes Adoption of Proposed Law
VIII Relieve tire Courts Of
Thousands Of Personal
: Injury Suits.

Taft sent the following message to
congress:
j have the honor to transmit here
with the report of the employers liza
bility and workmen's compensation
commission, authorized by joint resolu-
ton Nc. Al, approved June 25, 1910,
to make thorough investigation of
the subject Of employers liability and
workinen's compensation, and to sub
init q report through the president to
the congress of the United States"
The commission recommends care
fully drawn bill, entitled, "a bill to
provide an exclusive remedy and CON-
pensation for accidental injuries re-
sulting in disability or death to en-
ployees of common carriers by rail
roads engaged in interstate or for
eign commerce, or in the District Of
Columbia and for other purposes"
This bill works out in detail compen-
sation for accidental injuries to en-
ployees of common carriers in inter-
state railroad business, on the theory
of insuring each employee against the
results of injury received in the
course of the employment, without
reference to his contributory negli-
tsence, and without any of the rules OBJ
tanning in the common law limiting the
liability of the employer in such cases.
The only case in which no compen-
sation is to be allowed by the act =
where the injury or death of the en-
ployee is occasioned by his wilful in
tention to bring about the injury or
death of himself or of another, or
when the injury results from his in
toxication while on duty.
1t is unnecessary to go into the de-
tails CT theabill. They are, however,
most admirably worked out. They
provide for a medical and hospital
service for the injured man, for a no.
tice of the injury to the employer,
where such notice is not obviously
ing of the recovery by agreement. if
not by agreement, by an official ad-
justor, to be confirmed by che court,
and, if jury is demanded, to be
passed on by jury. The amount of
recovery is regulated in proportion to
the wages received, and the more or
less serious chara cter of the injury
where death does not ensue, specific
provision being made for particular
injuries, in so far az they can be specf-
fed. 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 investi-
CATION seems to show that under this
act the cost to the railroads would be
perhaps % per cent more than the
total cost which they now incur. The
report of the commission has been
very able and satisfactory, the inves-
LEGATIONS have been most thorough,
and the discussion of the constitution
al questions which have arisen in re-
spect to 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 under the provisions
of the commerce clause, the bill could
be considered to be regulation of
interstate and foreign commerce
That seems to be already settled b.
the decision of the supreme court in
the employers liability case.
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 enjcined upon congress
by the fifth amendment to the consti-
tuition in dealing with the property
rights. This question the report takes
up, and in an exhaustive review of the
authorities makes 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 compensation act adopted by the
legislature of that state. How far that
act and the one here proposed differ
it is unnecessary to state. 1t is suf-
ficient to say that the argument of
the commission is most convincing to
show that the police power of the
government exercised in the regula-
ton of interstate commerce is quite
sufficient to justify the imposition
upon the interstate railroad companies