Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-03-12
PRESENT PLAN
of COMPENSATION
ACT IsOPP0sED
Attorneys Argument Shows
That Some Big interests Not
for Mirtz's Bill


the senate came representatives o
day afternoon in response to an invi
Itation sent out by the committee. ask
ing all who so desired TO appear be
fore them in the chamber of the sen
tate to discuss the merits or dement's
kof the proposed workmen's eompensa
j ton act.
| Charles r. Hemenway. representing
Legislative committee of the Mer
chants Association and Chamber Of
Commerce. w. o. Smith. George A
Davis, Alfred Castle and Sam Johnson
Ewere present and had some words to
say of the bill.
All those appearing before the com
mittee were opposed to- the measure
or its detailst in one way or another
Though Attorney .Hemenway prefaced
bis address with the remark that what
he had to say. was not strictly for or
against the measure, still the brief
which he read showed strongly that
| the interests he represented were not
| friendly to Wirtz's act as it stands,
and desire it to fall in the senate.
| Mr.. Smith also stated that he was
not opposed to the bill, yet urged upon
! the committee its far-sweeping effect
and the danger it may do if hastily
passed. He favored having the legis;
iature appoint a commission to act
during the coming two. years to the
end that the problem involved in such
an act may be thoroughly studied, and
Il bill suited to the need drafted.
Cavis Raises Point.
The point raised by Attorney Davis.
in an eloquent speech. was that the
benefit calculated to he derived from
passage of the act could be more
easily and adequately reached by re-
Iealing the law relating to contribu-
tory negligence and also doing away
with the fellow servant rule.
abolish these two points and you
will find no need for the present
measure" he declared. 81 am not APP
posed to Senator Writes measure. |.
only believe that it Is q roundabout
way of curing fault which could be
cured simply by doing away with the
statute relating to contributors inegll-
gence and the fellow servant rule. To
my mind that is the simplest solution
of the matter"
Attorney Alfred Castle sras againstt
the bill, basing his opposition princis.
pally on the ground that the territory
Vas not ready for such an act. and
that the labor conditions here were
not in direct need of it.
The joint legislative committee of
the Chamber of Commerce and Mer-
chants, Association had examined the
bill and drafted an argument against
it which Mr.. Hemenway read in the
course of his speech.
Territory Not Ready.
The territory is. not ready for II.
and the labor conditions here do not
warrant it." was the keynote of this
brief, copies of which he has agreed
TO furnish the committee.
Employees in the territory" he said,
"are permanently employed. Here
there is not the shifting about. the
changing from one job TO another. as
is the case on the mainland Here
the employed. working steadily. Law
aside money for sickness or accident,
and when its hour comes he Is not
found unprepared for it. Condition.
here and on the mainland are in many |
ways. Numerically different. and
law which works satisfactorily there
u ay be a great injury here.
voluntary contributions are con-
stantly being made by railroads. suFar
plantations and other large industries
employing many laborers, to care for
those who are injured. and contribu-
tons are also continuallv being made
by these concerns to aid the relatives
Of laborers who have been permanent
y iniurd or killed.
MFR. Hemenway also pointed out that
he money which a contractor. say
Obliged to pay by the terms of
he proposed act to an injured en-
oloye, would ultimately have to he
,houldered by the public. This will |
,e the case. he stated. because the
ost of his Insurance AGAINST snch liza.
,ility must be added to the contract
1rice.
Married men would practically be
lriven out of employment because of
he extra liability they would be sub
ect to under the proposed law" he
ieelared.
Suggested. 4.
Several amendments he suggested
c be incorporated in the law, one OF
which was that all concerns employ .
ne less than forty men SHOULD be ex.
mpt from the provisions of the act, :
another was that visitors or any EN-
Hove whose work did not take hint /,
c the place where an accident &C.
urred were to be given no relief I'M I
er the act. II
Nv the terms Of the measure en- I
loves are liable in DAMAGES for ell
ccidents occurring unless it is shown +
hat the workman was Intoxicated at s
he time. or that the injury WIS the IN
esult of his willfnl act. Mr. Hemen- In
'ay would have the word intoxieation 81
INSTITUTED 10 addicted to an over h
Indulgence in lianor.'' IN
1t was expected that a second pub "
e meeting will be called by the COM n