The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1912-02-22
TAFT WANTS FAIR
PLAY FOR WORKMEN
Transmits Report of Liability
Commission to Congress.
OUTLINE OF BILL is MADE
President Recommends the Enact
ment Of Law Which He Believes
win 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 IL
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 Ia
bility and workmen's compensation
commission, authorized by joint reso-
luton No. Al, approved June rs. 1910,
"to 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 a care
fully-dtawn bill, entitled, "A bill pro-
yiding FOR an exclusive remedy ana
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. lhls
bill works cut in detail a 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
erenc4 to his contributory negligence,
and without any of the rules obtaining
in the common law limiting the llaDll'
ity of the employer in such cases. Inc
only case in which no compensation Is
to be allowed by the act is where the
injury or death Of the employe Is &C.
casioned by his wilful intention to
bring about the injury or death OF him
self or of another or when the injury
results from his ntoxication while ON
duty.
Provisions of Bill.
They provide for a medical and hos
pital service for the injured man, FOR
a notice of the injury to the employer,
where such notice Is not obviously
given by the accident itself; for the
fixing of the recovery by agreement;
IL not by agreement, by an official adj
ulster. to be confirmed by the court,
and, II a 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 character OF the injury
where death does not ensue, specihc
provision being made for particular In
iuries, insofar as they can be specl-
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
seems to show that under this act the
cost to the railroads would be per
haps 25 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 UNI
der the provisions Of the commerce
clause, the bill could be considered to
be regulation of interstate and for
eign commerce. That seems to be
already settled by the decision of the
Supreme court In the employers la
bility 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-
stltution in dealing with the property
rights. This question the report takes
up. and N an exhaustive review OF the
authorities makes clear. as 1t 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 a jury to
pass on the issue when duly demand
ed. In accordance with the Limitation
Of the act.
Hopes Measure VIII Pass.
| sincerely hope that this act will
pass. | deem 1t one OF the great steps
Of progress toward satisfactory So
luton of an important phase OF the
controversies between employer and
employe that has been proposed with.
in the last two or three decades.
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Woman Wants TO Be Scion.
Los Angeles, Cal, Feb. 20.--Mrs
Clara Shortridge Foltz. lawyer and
equal suffrage leader, will be can