Daily Kennebec journal., 1912-02-21

state Commerce Commission to recog-
nize and give effect to this policy.
The bill would provide that every
common carrier engaged in interstate
or foreign commerce by railroad shall
pay compensa ton to any employe who
sustains personal injury in line of
duty or to his dependents in case of
his death. Ii makes the remedy ex-
elusive by reason of the compensation
being complete satisfaction. 1t aboI-
ishes all existing common law and sta
tutory remedies, and applies to all
railroads in the District of Columbus
as well.
It would exclude from compensation
the first fourteen calendar DAYS, ex-
cept that the employer is to furnish all
necessary medical and surgical aid. in
Guiding hospital services and is to
continue after the fourteen days un-
der specific provisions.
The employe or his dependent must
notify the employer of the accident
within thirty days, except under cer-
tain contingencies which extend the
limit to ninety days. After the four
teen day period following the injury
employer and emploYe are to agree iii
writing on a settlement; arbitrat tion
committees may be organized by them
TO settle disputes and award compen-
sation. subject TO review within two
years an "adjuster of accident insur-
ance" to be appointed by each United
States District Court for four year
terms at from 81 500 to SO 900 annually.
Either party may petition the adjuster
10 proceed. The adjuster is to report
his findings to the court. Right TO
compensation is forfeited by an en-
ploye as long as he refuses physical
examination by the employers physi-
elan.
jury trial rights are preserved but
are to be deemed waived except on de-
mand. The adjuster or the court will
fix the compensation of counsel for the
empioye. Provision is made for ap-
peaIs to the Circuit Court of Appeals
and to the Supreme Court. and for
guardians 10 act on behalf of infants
under eighteen or the mental incom
petent.
The measure would prohibit assign
ments Of ans cause of action or pay
ments due or 10 become due and ex-
empts all such liability and payments
from levy or sale.
The compensation is a first lien on
the employers property in case of in
solNeneY.
The government right to enforce
penalty is not TO be affected by the
act. II any injury or death is caused
under circumstances creating a legal
liability for damages by any other
carrier the employer lis subrogated TO
the rights Of the employe and may
maintain an action to recover damage
not exceeding the compensation paya-
BILE to the employe. No contract, or
device of any kind is to operate 20 re-
liexe the employer from any liability
under the act. The monthly wages are
to he considered as not more than
Sl01 nor less than $50 month, with
certain exceptions.
Monthly payments of death benefits
are Ia BE- made for eight years thus.
\ widow alone, forty per cent. of the
month hly wages; widow and child un
der sixteen or otherwise dependent
fifty per cent: any child under six
teen or dependent p per cent. and 10
per cent for each additional child.
payments if the widow dies or remaf
les within eight Years TO be continued
20 the children. ii any, for the unex-
pired period. II no widow or children
fifteen per cent. to partially depen-
dents and twenty per cent to one
wholly dependent parent. and forty
per cent. if both parents are depend
ent. In the absence of these depen
dents. provisions are made for broth
er, sister. grandparent, or grandchild
as dependents.
Personal injury compensation is
made on the basis Of fifty per cent of
monthly wages for life for permanent
total disability and fifty per cent dur
ing temporary total disability. For
loss of an arm payments are to con-
tinue seVenty-two months. a leg sixty
six months. an eye thirty months, 4
thumb thirteen months. No payments
are to be made While the employe is
AT work at wages ninety per cent. of
those he received at the time of his in
jury. The commission made provision
for contribution of payments by joint
employers for defining the different
beneficiaries under the act, for modes
of payment of compensation.
Among the points contended and
discussed by the commission in its re-
port ara these:
Congress has the constitutional pow
er to pass this proposed legislation. 1t
is a regulation of interstate and for
eign commerce. 1t does not constitute
a denial of due process. The common
law system of employers liability
based upon negligence, is filled with
evils and ineengruities and wasteful
and 'the greater proportion of the
money paid in satisfaction goes into
the pockets of counsel who exact their
compensation in the form of eXorbi-
tant contingent fees and in various
ways is consumed in passing from the
companY's treasury TO the hands of
the employe or dependent" The pro-
posed statute is not Objectionable be-
cause it includes employees not en-
gagged in the hazardous part of em-
ployment. The law would be compul-
sorry, going into operation irrespective
of the consent of the employers and
employees covered by it.