Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-01-09

ed against la Tor ACClOentS the eW
Iloyer has AIS own claim agents who,
Immediately upon the happening OF nm
accident. proceed to procure q signed
statement from the injured. il living, and
II dead from the relatives, which 10 ,us.
ually colorel IN favor OF the employer and
| signed at q time when the injured IL
suffering from pain. or the relative over
whelmed with grief. The employer is
| practically compelled to have his claim
agents, or insure in a casualty company
against Industrial acidents,i to protect
himself from false and fictitious claims
presented or instituted by claim attor-
neys, sometimes called ambulance chas.
ers." who often in the race to the injured
workingman beat the claim agent or the
representative or the casualty company,
rand sometimes recover upon Il manufac.
tured case. One Is just as reprehensible
as the ohen nut while the employer is
sometimes held liable in damages IN
large amounts when there Is no real liza
bility. 1t frequently happens that there is
no recovery when there should be and
! that In only a small percentage Of the
cases is the compensation adequate. The
law governing the right to recover has
moi kept pace with our Industrial devel-
Opment. sEs
The employe in a large industrial in.
%stitution cannot possibly know the risks
that he assumes. He may thoroughly I'M
derstand mis- own duties and the risks
Immediately incident to such duties
which may be only a small part Of the
risk assumed In an institution where
there are thousands employed. Only q
week ago l visited a manufactury in Bev.
erly. Massachusetts, which has a floor
space of twenty-one acres. In this in.
stitution one hundred n fifty thousand
pounds of steel are used per week; eight.
cen hundred tons OF steel are carried In
the stock supply room for use inmanu-
featuring; over nineteen million parts Of
machines are sent out from the stock
room annually n over t~wenty-four
thousand complete machines. To do ur
and ship nineteen million parts of ma
I chimes takes al army OF men. and yet
every piece is manufactured In this in
stitution from the moulding tc the fin.
ished product: and in addition to the
nineteen million parts, twenty-four thOus-
and complete machines for the manufac-
ture of shoes are shipped annually from
this one institution.
II an injury results from negligence
that is wilfull or intentional there Is no
reason in justice why the rule should
| not be enforced. but there are so many
cases where through mnmentary dis
traction or i%nadvertent characterization,
probably induced by mental or physical
! fatigue, resulting in accidental injury ia
the ~workingman without any intention
or moral fault Of his own Such cases
are now everywhere recognized as In
evitnble, a necessary hazard to the work,
as certain to happen as machinery Is to
break. Nearly all accidents are the re-
suit of such conditions, whether it be
through the negligence Of the fellow ser
want or the co%ntributary negligence OF
the injured party. The fellow servant
has no object in injuring his fellow work
Iingman, and the workingman certainly
| would not injure himself intentionally fol
| self preservation is the first law of ma
ture. Both are unavoidable accidents,
occurring with surprising regularity.
Every industry must OF necessity en-
| ploy the most modern appliances and
/ use all the mechanical powers usually
| employed in such industry. Competition
l demands this: success depends upon 1t,
and as a result the risk of the working
man daily increases with modern meth
| DDS of production. Risks that increase
l with our growth and development, and
conditions which lead to the conclusion
that with every reasonable nrecautio,
we will sui rave injuries from unavoid-
fable. accidents. The employer is bene.
fitted with modern machinery with in.
creased production. greater profits and
greater opportunities to enrich himself
the public is benefited for the reason
Ithat modern machinery has cheapcned
the cost Of production and given to II
cheapcr commodities; and while the
w~orlsingnnan's pay may have increased
1t has not increased in accordance with
the Increased risk. This has lead to the
theory Of compensation to the working.
man, paid by the employer in the first
instance an distributed upon the public
| generally that consumes the commodity
This principle has been recognized in all
European countries, all of which eithel
have some form of compulsory insur.
ance or a direct law fixing the respons-
Utility directly upon the employer.
! submit the subject to YOU consider
alton and recommend the enactment OF
an employers liability and w~orkingmen's
compensation law. .
Executive.
Each platform upon which l vas elect.
ed governor, in 1908 and in 1910, contain
Led d plank in favor of the enactment OF
! a law giving the governor power to re-
move officers not subject to impeach-
ment, for willful neglect of duty. Such
q bin was introduced in the Legislative
Assembly in 1907; 1909 n 1911, and
while at each time it had many adher-
ents it did not receive the support nee
essary to become a law.
Many of the states have passed avs
giving to the governor the power Of re-
moval, n the people generally believe
that such power Is vested in the execut-
i've by law. Almost every mail brings ia
the governors office an appeal to the ex-
ecutice Off the enforcement o fthe law
in some part Of the state. The fact that
the appeal Is made to the governor, shows
that the people generally believe that
he Is vested with authority. and that all
of the laws are not enforced in all parts
Of the state. Officers are always vigil
ant in the enforcement of popular laws,
hut a law popular in the state generally
may be very unpopular in certain local.
tiles, and in such communities officers
are sometimes elected upon the issue 3of
reinforcement as against enforcement
Of such laws. and prosecuting officers
are not active for the reason that their
activity, might prevent their reelection.
This is not always true, of curse, for in
such communities there are man officers
| who are faithful and active but fail thru
lack of cooperation of the people. If
there were a power Of removal in the
governor, the officer would no longer
need fear public sentiment; he could
say to the people: II have no choice In