The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1912-02-22
TAFT WANTS FAIR
PLAY FOR WORKNEN
Transmits Report OF Liability
Commission to Congress.
OUTLINE OF BILL is MADE
President Recommends the Enact
ment Of Law Which He Believes
viii End Contention Between
Employers and Employees.

Washington, Feb. 20.-President
Taft today sent to the senate the re.
port OF the employers liability and
| workmen's compensation commission
| and in the message accompanying II
the president expresses the hope that
| the bill recommended by the commits
sion will become a law.
The message follows:
TO the Senate and House of Repre-
sentatives:
| have the honor to transmit here
! with the report of the employers liza
| bility and workmen's compensation
commission, authorized by joint reso-
luton No. Al, approved June 20, 1917
Ito make thorough investigation OF
the subject of employers liability and
workmen's compensation, and to sub
nit report through the president to
the congress of the United States"
Bill Carefully Drawn.
The commission recommends care
fully-drawn bill, entitled, "A bill pro-
vidng for an exclusive remedy and
compensation for accidental injuries
resulting in disability or death to EN-
ployes of common carriers by rail
roads engaged in interstate or foreign
commerce, or in the District OF Column
bia, and for other purposes ms
bill works out in detail compensa-
ton for accidental injuries to EN-
ployes Of common carriers in inter-
state railroad business, on the theory
Of insuring each employe against the
results of injury received in the
course of the employment, without ref
erence to his contributory negligence,
and without any of the rules obtaining
in the common law limiting the liabil-
ity of the employer in such cases. The
only case in which no compensation is
to. be allowed by the act is where the
injury or death Of the employe is oc-
casioned by his wilful intention TO
bring about the injury or death OF him
self or of another, or when the injury
results from bis intoxication while on
duty.
Provisions Of Bill.
They provide for medical and hos
pital service for the injured man, fer
q notice OF the injury to the employer
where such notice is not obviously
giyeH by the accident itself; for the
fixing of the recovery by agreement;
if not by agreement, by an official ad
iuster, to be confirmed by the court
and. If a jury is demanded, to be
passed on by Jury. The amount OF
recovery 10 regulated in proportion to
the wages received, and the more or
less serious character Of the injury
where death does not ensue, specific
provision being made for particular IN
juries, insofar as they can be speci-
fed. The compensation Is to be made
in the form of annual payments for
number of years or for life. The fees
to be paid to attorneys are specifically
limited by the act. The remedies of
fered are exclusive of any other RENE
dies. The statistical Investigation
efems to show that under this act the
cost to the railroads would be per
haps Is per cent more than the total
cost which they now incur.
The report of the commission has
been very able and satisfactory, the
Investigations have been most
thorough, and the discussion of the
constitutional questions which have
arisen in respect to the validity of the
bill is Of the highest merit.
Three Objections to Bill.
Three objections to the validity OF
the bill OF course occur: In the first
place. the question arises whether un-
der the provisions of the commerce
clause, the bill could be considered to
be a regulation of interstate and for
eign commerce. That seems to be
already settled by the decision OF the
Supreme court in the employers la
bllity 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 a denial of the due process Of
law which is enjoined upon congress
by the Fifth amendment to the Con-
stitution 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
The third objection Is that the right
of trial by jury, guaranteed by the
Seventh amendment is denied. AS a
matter of fact, the right is preserved
in this act by permitting jury to
pass on the issue when duly demand
ed, in accordance with the limitation
Of the act.
Hopes Measure Will Pass.
sincerely hope that this act viii
pass. ! deem 1t one of the great steps