New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-04-09
URGES LIABILITY BILL
Chamberlain Opens Debate for
Workmen's Compensation.
PRESENT LAWS UNCERTAIN
Oregon Senator Points Out Lack
of Harmony in Existing
State Statutes.
Hmm The Tribune Bnrean.'

Washington, April S-The difficulties Gu
oountered by employees in securing COM
pensation for injuries by the ordinary
methods of law now prevailing were point
ed out to-day by Senator Chamberlain In d
speech opening the debate on the employers
liability bill.
Senator Chamberlain, who was one OF
the members of the commission which pre-
pared the bill, the passage Of which mas
been urged by the President in special
message to Congress. after tracing the de-
vclopment OF the common law rules which
are followed in personal injury cases, said.
The result in practice of the application
of these rules as enunciatcd by the courts,
with the burden of proof upon the EN-
ploye, who in the very nature OF tiIhs
has not the facilities for obtaining the eYi-
dence necessary TO sustain his case. mas
made recovery impossible In the great ma
jority OF cases involving claims Of en-
ployes for damages for injuries received IN
the course of their employment
Nor Is that the only result. Inc Heen
gence basis for cOmpensating for industrial
injuries engenders hostility and bitter an
tagonism between employer ana employ
II renders uncertain the claims OF those III
iured, where uncertainty, above all Things,
should be eliminated. and entails litigation
which is both tedious. sometimes endless
and always expensive, II makes possIpIe
the ambulance chasing lawyer VINO
whether the injured efnployc has just
claim or not. induces the execution OF a
contract, under the terms Of when ne u
to receive for his services from - per cent
To- 80 per cent OF any amount That may oe
recovered, N causes great economic NhSte
and a large part or the money when ought
to be paid 10 the injured employe II dlssl-
patcd In veXatious litigation. with an llh
corcomitant evils; and, finally ~ IN enc
shifts the burdens OF industrial aCciusht
from the employer, or In the maj aHaiy 80
from the business. where II should ran, 10
tie employe, who Is least able 10 bear II;
only within very recent years mas tuF
subject been brought 10 general attention.
and discussion. although for Eore thdn !"
quarter 81 century compensatory lt-,H'd
ton has been I'm force on ne Coll.I'i,,' ,,,'
Europe ana elsewhere. Changes III VI'
form Of this legislation arc gradually tdN-
Ing place everywhere as experience SuS
gests them. II Is not possible thai a" 80
condition can ever be attained nu' ~
is certainly reason to hope, JVdEIh- II
future Ey the past that the time l. NOT idr
distant when employer and employ VII ne
brought closer together. ana me 'ouuI IN
o. both De very much improved Dy WhC'o-
some legislation for CompeuhatHE 'IHP'oS' -
for industrial accidents. .,..r.
II VIII he noticed that ther" Is M rnIltt
lack Of harmony I'm the character 81 ti''
IcgisIatiop as well as I'M judicial CoNsUIc-
ton on tho subject of Workneu Compoh-
sation the statutes of Montana, NlscohSlh
and New Jersey giving 60 the "mplo!c lu'
right 10 elect whether De- VIII sue ~ dam
ages or come within tho provisions OF TIE
acts. while tnus" of Wash
iugton and New York. Ike tho on" under
cons Iteration. are compulsory. dong away
entirely with the proSeut-daN rights anu
r.medies for recovery NJ damage m -
If d. iury In some cases tho COmmon-la"
aefencos are taken away from an employer
who falls 90 submit 80 the provisions OF
the law. and I'm others. Wh"r" the t.np".
fails So 20 do the employer ls prrmltic' 10
ul,l himself ~ these Same defenc'S.