The Hawaiian gazette., 1913-03-14
TO
LIABILITY
BILL
(Trom "Wednesday Advcrtiscr)

meet lts requirements
For two hours the members Of the
committee held a public meeting with !
members of the merchants association
chamber of commerce and sugar pant
ers association, attorneys and othejs
who were present to discuss the
measure.
The joint legislative committee of
The merchants association, chamber of
commerce and planters had previously
examined the bill and had submitted
report on it's merits to j. w. Waldron
chairman of the legislative committee,
This report was read by Charles K.
Hemenway, of Smith, Warren s.
tlemenway.
w. o. Smith, George A. Davis, Alfred
l.. Castle, Sam johnson and Others also
spoke on the measure Another public
meeting win probably be held to allow
further discussion before the bin is
finally reported back to the senate for
passage on second reading.
Insufficiently Advanced.
Attorney Hemenway yesterday show
ed where Hawaii is not vet sufficiently
advanced for a progressive measure of
this kind, because it does not fit the
peculiar conditions as vet existing
here. The class of employment offer
ed here, he said, is of a permanent ma
ture, lasting from year to year. On
the mainland conditions are different,
employment is not permanent, employees
are forced to spend their savings while
in idlene7s, and perhaps in need of
| compensation should they receive in.
juries while temporarily employed.
| In this Territory, he said, employees,
steadily employed, lay aside funds to
guard against illness and accident.
| Further, most of the wives and children
are often wage earners and thus the
head of the family is not the sole sup,
port. 1t was pointed out that with
the sugar plantations, railroad enter
prses and other industries employing
large numbers of persons, voluntary
contributions are invariably made to
the relatives of those employees suffer.
ing fatal or permanent injuries while in
| their employ. 1t is also common for
them to maintain at their own expense
well equipped hospitals and medical at
tendance for the use of their employees
and their families.
The utter carelessness of the Asiatics
employed in Hawaii was also pointed
ont as an added burden to the en-
ployer.
The bill was termed class legislation.
! A contractor, said the speaker, would
simply add the cost of liability insur-
ance to the price Of his contract and
the public, after all, would pay the bill.
Railroads could follow the same course,
while the sugar business where the
product is sold in an open competitive
market, the employer of labor on sugar
J plantations would be compelled to meet
the full burden.
Married men would practically be
driven out of employment because OF
the extra liability they would carry
under the proposed law, said Hemen
way.
Urges Caution.
The speaker made it plain that the
interests did not desire to prevent the
passage of liability act, but urged
caution and the amending of the Writ,
measure. The title of the act should
be changed, said the speaker, and thai
with the exception of the compensa
ton provided for employees without de
pendents the compensation in all othel
cases should be reduced one-half.
He would also amend the measure t.
require the county attorney or attorney
general to handle all claims without
charge to the claimants. Responsible
ity would also be taken from the EN-
! ployer in cases of visitors or to any
other employees, whose occupation die
not take them in to such factory o.
places where an accident, if any, mas
occur.
, The interests w0uld also eliminate
from liability the employer of a lin
tied number of persons. Forty wa
the minimum suggested. Under thu
Wirtz measure it was pointed out thu
small contractor or business man EN-
ploying only few persons would fine
the risk Of carrying on business almos
prohibitive.
In relation to the provision in thu
I Writ bin RELIEVING the employer from
responsibility in the case where the in
jured employee was intoxicated at thu
time of the accident, Hemenway wouls
also include employees who are addicte,
to an OyeT-indulgenee in liquor Th'
employers would also have the law in
clude in its benefits only such benefc
iarios as are residents of the Territorl
or the United States.
Hold over Commission.
~ believe there should be Law
covering the question Senator Writ
seeks 10 solye,h said w, q. Smith
But we should move carefully an
! slowly. II II not the desire Of thi
committee, Judge, TO injure OF Teatrie
industry or business The law shout
ba for the mutual benefit OF tho ep
ploye and employer II would be- un
safe 10 aitempt 10 pat through such
measure hastily at this session,
favor ihe legislature appointing b com
mission 10 continue through 20 the nes
session, TessiYe compensation iur Il
services aud ~ that time submit
arnfHIly drawn nYmIals tpn Hr
which will in fact meet tho rpndi
tlanH
HeffeiafY Castle, 81 ihe bif assae.u
ton HpaEp aHelnsi tbs pasaaan ef e.
Wit measure
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