Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-03-12
Plan
OF COMPENSATION
ACT ISOPPOSED
Attorneys Argument Shows
That Some Big interests Not
for Wirtz'S Bill

ing all who so desired to appear be
i fore them in the chamber of the sen
i ate to discuss the merits or dement's
OF the proposed workmen's compensa
ton act.
| Charles R. Hemenway. representing
Legislative committee of the Mer
chants Association and Chamber Of
iCommerce, w. o. Smith. George A
Davis, Alfred Castle and Sam johnson
Iwere present and had some words to
say of the bill.
All those appearing before the com
lmittee were opposed to the measure
or its details in one way or another
Though Attorney Hemenwag prefaced
4 his address with the remark that what
he had to say was not strictly for OF
against the measure. still the briei
which he read showed strongly thai
the interests he represented we're not
friendly to Wirtz's act as 1t stands
and desire ii to fall in the senate.
Mr.. Smith also stated that he was
not opposed to the bill. yet urged upon
1.-THE committee its far-sweeping effect
and the danger it may do if hastily
passed. He favored having the legis.
Nature 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
n bill suited to the need drafted.
Eavis Raises Point.
The point raised by Attorney Davis,
/ in an eloquent speech, was that the
benefit calculated to be derived from
passage of the act could be more
easily and adequately reached by re-
Lealing 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
I.measure," he declared. Il am not APP
posed to Senator Writes measure.
only believe that it is roundabout
way of curing a fault which could be
cured simply by doing away with the
statute relating to contributors negll-
gence and the fellow servant rule. To
my mind that is the simplest solution
of the matter.
Attorney Alfred Castle vas against
The bill, basing his opposition pripcis
seslly. on the gsoaAd that the TERRITORY,
was not ready for such an act, and
that the labor conditions here were
not in direct need of 1t.
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.
sThe territory is not ready for It.
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.
aare 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 lay
aside money for sickness or accident,
and when its hour comes he is not
found unprepared for IL. CONDITION
here and on the mainland are in MANY
WAYS diametriealIy different and a
law which works satisfactorily there
u ay he a great injury here.
voluntary contributions are con-
stantly being made by railroads. sugar
plantations and other large industries
many 1aborers, to care for
those who are injured. and contribu-
tons are also contiaually being made
by these concerns to aid the relatives
of Iaborers who have been permanent
~ injurd or killed
Mr.. Hemenway also pointed out that
the money which a contractor. say
was obliged to pay by the terms OF
the proposed act to an injured en-
ploye would ultimately have to he
shouldered by the public This VIII
he the case, he stated. because the
cost OF his insurance against sach liza |
rifity must be added to the contract
price. n
Married men would practically be
driven out of employment because OF |
the extra liability they would be sub |
lect to under the proposed law he
declared.
Suggested.
Several amendments he suggested
to be incorporated in the law, one OF t
which was that all concerns employ
ing less than forty men saould be eX-
enipt from the provisions of the act.
was that visitors or any en-
nfeye whose work did not take him
to the place where an accident oc-
Cured were To- be given no relief ltn-E
der the act.
Bv the terms Of the measure en-
ployes are liable in damages for a1fE
accidents occurring unless it is shown
that the workman was Intoxicated at
the time, or that the, fnjurv was the
result of his willfnl act. Mr. Hemen-
way would have the word intoxication
TO addicted to an over
in liquor.
1t was expected that a second pub
lie meeting will be called by the COM
mittee before reporting on the meas
IRE, but. Senator. Writ said today {
there might not be another hearing.
xf ~ ~