Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1912-02-28
TAFT WANTS FAIR
PLAY FOR WORKMEN .
Transmits Report Of Liability
Commission to Congress.
OUTLINE OF BILL is MADE 0

President Recommends the Enact
ment of Law Which He Believes
Will End Contention Between
Employers and Employee.
Washington.-Presid Taft sent to
the senate the report OF the employ
ers' liability and workmen's compensa-
ton commission and in the message
accompanying it the president ex-
presses the hope that the bill recon-
mended by the commission will BE-
come law. s;tsg.
The message follows:
To the Senate and House Of Repre-
sentatives:
I have the honor to transmit here
with the report OF the employers liza
bility and workmen's compensation
commission. authorized by joint reso-
ton No. II. approved June 25. 1910,
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.
The commission recommends care
.fully.drawn bill. entitled. "A bill pro
viding 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" This
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 insurfng each employe against the
results of injury received in the course
Of the employment, without reference
to his contributory negligence, and
without any Of the rules obtaining in
the common law limiting the liability
Of the employer in such cases. The
only case in which no compensation is
to be allowed is where the injury or
death of the employe Is occasioned
by his wilful intention to bring about
the injury or death of himself or Of
another, or when the injury results
from his fntoxication while on duty.
81 They provide for medical and hos
pital service for the injured man, for
70 notice Of the injury to the employer,
where such notice Is not obviously
given by the accident itself: for the
liking of the recovery by agreement;
! II not by agreement. by an official ad-
juster, to be confirmed by the court,
and. If jury is demanded, to be
passed on by q 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. specific
provision being made for particular in
juries, insofar as they san be speci-
ned. The compensation is to be made
in the form of annual payments for a
number OF years or for life. The rem
edies offered are exclusive OF any
other remedies The statistical inves-
tigation seems to show that under this
act the cost to the railroads would
be perhaps 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 thor
ough. and the discussion of the con-.
stitutional questions which have
arisen in respect to the validity of the
bill is OF the highest merit.
Three objections to the validity Of
the bill Of course occur: In the nrst
place, the question arises whether un-
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 liza
bility case. II,
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 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
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.
l sincerely hope that this act will
pass. deem it one Of the great steps
Of progress toward satisfactory So
luton Of an important phase Of the
controversies between employer and
employee that has been proposed with
in the last two or three decades.