United labor bulletin., 1914-12-26


make it possible, or at least less diff
cult, to get damages through the courts
for injuries or death suffered by them
in the course of their employment.
During the last 25 years the organized
wage earners have succeeded in secur.
ing the enactment in various states of
laws modifying in some degree the COM
mon law doctrine that a workman in
jured in the course of his employment
could not recover damages if the injury
were due in any degree to his negligence
or if it were caused by the negligence
of a fellow workman. Indeed, in most
states the courts interpreting the COM
mon law have held that workman
could not recover damages unless it
were shown that the injury or death
was due entirely to the negligence or
fault of the employer. The result was
trial accidents did the injured workman
or his dependents succeed in collecting
damages. In all other cases the in
jured workman's suit for damages was
dismissed by the court on the ground
that the injury was caused through the
negligenve of the workman or the fault
of fellow workman, or that in accept
ing employment the injured man as
sumed all the risks of his work.
Court Proceedings Slow.
Even in those exceptional instances
in which under the common law it was
possible to maintain successfully suit
for damages it was almost invariably
necessary to await the slow processes
of the courts before the claimant actu-
ally received the money awarded him.
Indeed, it not infrequently occurred that
many years elapsed from the time of
the accident until a final decision was
rendered by the courts.
Not only was the old system vexa-
tious and intolerable because of inter
minable delays in court procedure, but
it was expensive in the extreme. Work
ingmen had little OF no money with
which to hire lawyers and pay court
expenses. The result was, and is yet
in many states, that contingent fee,
or what are commonly called "ambu-
lance chasing lawyers, secured mon.
opoly of personal injury litigation, and
it became necessary for the victims of
industrial accidents to agree to give
these lawyers as compensation for their
services from 35 to so per cent of the
amount recovered should they, per-
cahnce, be successful in prosecuting
suits for damages.
Start of Compensation Law.
1t was not until less than five years
ago that workingmen in the United
States began to give serious considera-
tion to the experience with respect to
this subject of their fellow workers in
other countries. However, the result of
this belated study and investigation OF
the conditions abroad led American
workmen to abandon their attempts to
secure the enactment of employers La
IL L. l. l.
effort to secure the enactment of what
are commonly known in this country
and in the countries of the old world
as workmen's compensation laws.
1t was my privilege to serve as ID
member of the first commission ap-
| pointed by any American state to study
the subject of workmen's compensation
legislation and draft compensation
law. The bill drawn by this commission
was enacted in the state of New York
four years ago, and shortly thereafter,
in test case it was declared to be un-
constitutional upon the ground that it
took one persons property and gave it
to another without due process of law.
This decision of the New York Court of
Appeals attracted attention throughout
the United States. 1t was this decision,
which led to the demand on the part o,
recall of judicial decisions. 1t was this
decision that led to the amendment of
the constitution of the state of New
York so as to give to the Legislature
full power to legislate upon the SUBJ
ject of workmen's compensation; and
the present law of the state is the re.
suit of the continued activity of the
organized wage earners, an activity
stimulated by reason of the courts ac.
tion in declaring unconstitutional the
law passed in 1910.
Since that time, that is during the
last five years, "a states have enacted
workmen's compensation laws, and it is
expected that many of the remaining
states will enact such laws during the
present winter.
Makeshifts Better Than Old Plan.
1t is unfortunately true that the laws
passed in several states are mere make
shifts. Their provisions are wholly in.
adequate to protect injured worllmen OF
| to provide any reasonable compensation
| for the dependents of worl<men who
| have been killed. However, even the
| poorest of these laws is an improve.
ment upon the legal system which OBJ
| tanned heretofore. No doubt the organ.
| lied wage earners in such states will
| continue their efforts and will in the
course of time secure such amendments
| to the laws rs shall bring them up to
| the standard established in those states
| in which the best laws have been en-
acted.
| An injured workman, or the depend
| ents of a workman who has been killed
in the course of his employment, should
not be left a charge upon the charity
or the generosity of friends or neigh
bofs. He or they should receive as a
right suitable compensation, an
amount sufficient to tide over tn.
| period of dependency and distress Jus,
as and even more than it is now re-
| nuired to bear the burden of renair;no