Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-02


ate should endeavor if possible to get
together and reconcile their differ
erces.
The SPEAKER: This resolve passed
the Senate and in the House was
amended by House Amendment \. In
the Senate House Amendment A was
Indefinitely postponed in non concur
renee.
The question being on the motion
that The House insist upon its action
and ask for a committee OF confer
cnce.
a viva voce vote being taken,
The motion WIS agreed to.
The Chair thereupon appointed as
members of such committee OF confer
ence Messls. Scates of Westbrook,
Smith OF Pattcn and NeWbert of Au-
gGsta.
Mr.. SCATES; Mr.. Speaker. also
move that all other matters in this
same connection and specially assign
ed for consideration, today, be laid up
on tie table until Il report has been
received from the committee Of con-
ference.
The motion was agreed to,
=
The. SPEAKER The first matter as
signed for today is bill, An Act rela
tive to compensation to employees for
rersonal injuries received in the course
OF Their employment and to the pre-
vention of such injuries, with. the
amendments thereto.
Mr.. Smith of Auburn moved that tho
Rouse resolve itself into a committee
of the whole for the consideration Of
the bill and the amendments thereto.
The motion was agreed to.
The Speaker thereHpon appointed as
chairman OF the committee of the whole
Mr.. Sanborn Of South Portland.
.tMr San6orn at this point assumed
the Chair)
>. In Committee of the Whole.
on, motion by Mr. Dunton Of Belfast.
Gardner K. Heath was appointed To
act ds sccrctarY of the committee of
the whole.
The cHAIRMAN: The Chair will lay
before the committee the bill in ques-
lion With the several House amend
ments.
MI. SMITH of Auburn: NJ. Chair
mGn, before starting in to consider
The various amendments II might be
well Ter US to consider the history OF
this proposed legislation. The first law
Of this kind in relation to a W9rkmen, S
compensation was enacted in Germany
or in Prussia, in 1S3S. Then III 1871 the
law vas amended and in 1881 practi-
eaiiY the same form of law WIS enact
e. which was in force III Germany.
This question since that time has
spreGd all over the world. England
adopted practically tie same form we
arc presenting to You. today; every
other country in Europe practically
mas adopted it, and | think. today, that
practically all of Europe has q work
mems compensation law similar 10
what VIC are Offering you today. A few
ears ago a Workmen's compensation
law commenced To be adopted in this
country. and now Workmen's compen-
safion acts have been adopted in the
states Of Michigan. Massachusetts,
New Jersey, Washington, New York.
Arizona, New Hampshire and several
other states; 50 that | think there are
at the present time . states of this
Union in which 4 workmen's compen-
SO ton law is in force. today.
President Taft in a special message
To Congress. upon Feb %. 1872. said:
u sincerely hope that this act will
pass. I deem il one Of the great steps
of progress toward a satisfactory solu-
ton of an important phase of the con-
troyerSies between employer and em-
ploYee that has been proposed within
the last TWO or three decades. The old
rules of liability under the common law
ufIgp IN al 4
dition and We're evidently drawn by
men imbued with the Importance of pre-
serving the employers from burdensome
or unjust liability. It was treated as
personal matter of each employee and
the employer and the employee We're
put on level of dealing, which, how
ever, it may have been in the past. GER
tainly creates injustice to the employee
under the present conditions.
One of the great objections to the old
common-law method of settling ques-
tions of this character was the lack of
uniformity in the recoveries made by
injured employees, and by the represent
tatives of those who suffered death.
Frequently meritorious cases that APP
pealed strongly to every sense of hu-
man justice We're shut out by arbitrary
rules limiting the liability of the en-
ploYer. On the other hand. often by
periured evidence and the undue emo
tional generosity of the jury, recoveries
were given far in excess of the real
injury. and sometimes. on facts that
huAily justified recovery at all, Nov.
tJl1er this system the tendency will be
to,create as nearly a uniform system as
can be devised; there will be recoveries
in every case, and they VIII be limited
by the terms of the law so as to be rea-
sonable."
At the time of the adoption of the
common-law rules of Liability, industrial
conditions radically differed from those
which prevail, today The master en-
ployed comparatively few servants,
with whom in the performance of their
work he was brought into Intimate as
sociation and was able to exercise a
supervising care and control. He was
acquainted with the habits and char
acteristics of each of his servants: the
servants knew the master personally in
the same way, and, moreover, were
brought into such close relationship
with one another that their habits and
peculiaritieS Were mutually known and