The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-02-29
PRESIDENT TAFT
URGES PASSAGE
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Continued from Page Nlne)
cases by this system will serve to re-
duce the burden of our courts one.half
by taking the cases out Of court and
disposing of them by this short cut"
The message concludes with the re-
iterated hope that the bill may be
passed before the adjournment Of the
present session of Congress. Appended
Is the report Of the liability commits
sion.
The report is accompanied by the
draft Of a bill i'm which the commits
sion eliminates the common law doc
trine of negligence with what it char
acterizes as the unjust defenses of as.
sumption of risk, fellow servants
fault and contributory negligence.
Compensation with a General basis of
an equivalent to one-half wages is to
be paid in every case except where
the injury or death is caused by the
willful intention of the employe to in
jure himself or another or in case OF
intoxication on duty.
The combined railroad companies of
the country are paying out to their
employees for accidents in settlements
and judgments approximately S1O,OS5,-
600, and the proposed law, as nearly
as the commission can estimate it, will
raise this by % per cent. Figuring on
the periodical payments extending
over a term Of years and capitalized
at per cent, the commission points
out that the total received by the ben
eficiaries would reach an aggregate of
sl5,QO0,00O annually.
Compensation for Injuries.
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-
nize and give effect to this policy. The
bill would provide that every common
carrier engaged in interstate or for
eign commerce by railroad shall pay
compensation to any employe who sus-
tains personal injury in the line OF
duty, or to his dependents in case OF
his death. 1t makes the remedy eX
elusive by reason of the compensation
being complete satisfaction. 1t abol
ishes all existing common law anC
statutory remedies and applies to al
railroads in the District of ColumbiS
as well.
The employee or his dependent mus
notify the employer of the acciden
within thirty days, except under Gel
tain contingencies which extend tn
limit to ninety days. After fourtee
DAYS following the injury employe
and employee are to agree in writin
on a settlement Arbitration comm
! tees may be organized by them to Sc
= tie disputes and award compensated
: subject to review within two years D
an "adjuster of accident insurance"
be appointed by each United State
district court for four-year terms
from $500 to $4,000 annually, Eith'
party may petition the adjuster to pr
q ceed The adjuster is to report h
finding to the court.
q Monthly Payments Provided.
Monthly payments of death bench
: are to be made for eight years, thu
A widow alone, 40 per cent of Il
monthly wages; widow and child u
der 16 or otherwise dependent, so p
cent; any child under or dependel
25 per cent, and 10 per cent for ca
additional child; payments, II I
= widow dies or remarries within Gig
years, to be continued to the childrt
, if any, for the unexpired period. If
widow or children, Is per cent to p
= TALLY dependents and 20 per cent
the wholly dependent parent, and
per cent if both parents are
pendent.
a Personal injury compensation
q made on the basis of SO per cent
monthly wages for life for perman'
" total disability and so per cent dur
= temporary total disability. For loss
an arm, payments are to continue
. enty-two months; a leg, sixty
months; an eye, thirty months, AM
thumb, thirteen months. No payne
are to be made while the employe Is
work at wages 80 per cent of those
received at the time of his injury.
commission made provision for
i9l tribution of payments by joint
- ployers, for defining the different
AS eficiaries under the act and for me
4 of payment of compensation,
8 RLRnDI ANEC'