Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-05-20
TOWNSEND CONFIDENT coMPEN.
sATioN MEASURE WILL PASS
HOUSE.
MEANS END OF LITIGATION
BETWEEN EMPLOYER AND EMPL
Old Law Deemed Unfair to Both Labor
and EMBELLISHMENTS Cities Re-
markabis Act of Voluntary Justice
After Labersr Lost Suit in Court =
Details Of the Incident.
Especial Correspondence.l

Especial Correspondence
Washington, May 20.-"The work.
mems compensation bill recently passed
by the house, is a measure that fill:
me with satisfaction" said Senator
Townsend Of Michigan today. Il have
had experience with the old law and
realize how totally inadequate and un.
fair it has been in its operation under
the existing circumstances in thi.
country
zone case at Jackson, Mich, always
will remain in my mind as illustrating
with graphic force the inadequate
nature Of the present law. Of course
the bill now before congress applies
only to railroads engaged In interstate
commerce and their employees. but
submit that state laws along the same
lines to cover all kinds of employment
must logically result in time. You know
under the present law if man is hurt
while In the employ Of another he can
recover only if there has been negli-
gnce on the part of the employed. II
the employe has been negligent or II
the accident was caused by the negli-
gnce Of fellow employee. then the en-
ployer can not be held.
A Case in Point.
I'm one suit more or less frequently
quoted in cases of this kind. the cir
cun,stances were that an employe was
ordered by the general superintendent
Of the factory to climb up on a high
ladder for the purpose Of making GER
tain repairs. The general superintend-
ent said he would hold the ladder. and
he did hold 1t. But during the work ne
temporarily let go Of the ladder ana
the employee fell and was disabled. he
brought suit on the ground that the
general superintendent was the dlrect
representative of the employer. ana
tina, 1t was therefore by the employer S
order that the. employe climbed the
la oder and by the employers negll-
gence that he was caused to fall.
"The defense was that it was the
employers order for the man TO mount
the ladder. but that in volunteering 70
hold the ladder the general superin-
tendent temporarily gave up his posi-
tor as representative Of the employer
since holding the ladder was no part
of the general superintendents duties
and temporarily became the 1ello"
servant Of the employe who was IN
iured. Therefore his negligence was
that Of a fellow employe. and lot thh'
the employer could not be held re-
snonsible, You can perceive Wha1 an
opportunity such case gave the law.
vers TO en,angle the situation. anu
csuse long and expensive litigation
unti the injured employe was worn
out.
Act Of Voluntary Justice
"Ru+ the case in Jackson to which
referrad illustrated not only the man
nor IN which the present law WORKS
hr+ tho wav the law we are now about
N annly TO the railroads of the uniteo
states would work II enacted in the
yarious states, for It included one OF
the most magnificent acts OF Voiuli'ai
Justice T ever knew a man to perform
man employed by the Wilmington
Cooley Company was hurt WINE run.
ring an emery belt. Some time oe.ofe
the accident he happened to "eakei
the belt in one place by cutting IL. IN.
stead Of procuring a new peH' as he
was authorized to do the man con
tinued to work with the weakened one
lone day it broke at the spot "here
IL had been cut and the article the MAJ
was polishing was thrown against on.
Of hi. eyes with such force as 10 preaf
the eye ball and destroy the sisnt. n.
was taken to hospital ana g1VeI
every attention but the inhamatiof
nassed to the other eye and the maj
became totally blind. 1t was the IN
tention Of General wilmington. tns
head of the company, to take aaequat'
care of the unfortunate man, put th'
LAWYERS he consulted advised the maj
to demand $4,000 and to be satlsi1ee
With nothing less. He did so, ana II
spite Of the fact that General whining
tom had taken the best care OF MN
nossible under the distressing clrcum
stances and had continued his pa!
right along, the first thing the genera
Knew suit was brought in behalf o
the man for the exact sum demanded
$50, 900.
"'rhe case came to trial and l wal
retained by the company to defend II
n was one of the hardest tasks 1 eve
have been called upon to perform Tn
ATTORNEYS for the plaintiff made mucl
~ all the distressing details, and cal
at this moment still hear the quaverint
voice Of one of the opposing lawyer
telling the jury about the children still
to he born to the plaintiff and whom
he would, never see. The rich corpo
ration defending the action also cam
in for the usual scoring in suits o
that kind. and altho the mans pay wa
still continued in full the jury CAV
him a verdict for damages in the sun
Of $4,000. My own possible defense
Of course. had been that the man ha'
beer hurt solely thru his own negli
gence, and that therefore under tn
law he could not recover.
Reversed by Supreme Court.
1--WE appealed the case and the su
preme court was compelled to take tni
view Of it. There was nothing else t
do under the law. The man had beel
hurt by his own negligence alone, an
! the verdict was annulled. When thi
occurred General wilmington said t
| me, now, is this the last Of 1t. or !
There to be more Of this lawsuit?' re
piled that 1t was still possible for tn
/ plaintiff to move for rehearing, TO
which the law gave him sixty days
l'Then we will wait sixty days. said tn
general. At the end Of that time n
bmotion for rehearing having bee
filed, General wilmington said to me
II have found a good brick buildin
down where this man and his wifi
came from. 1t has 4 store on tn