The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1914-07-02

doctrine of elimination of the CUES
ton of negligence. Instead of deal.
ing with, looking for, or in any way
furnishing faults these laws aim in.
, stead at relieving a social condition
and conserving the laboring force of
the state through prevention and re-
lief from the consequences of indus.
trias accidents. Only such gross aut
extreme fault as raroi occurs Is re.
cognized on either side.
n he Iowa law follows the New
Jersey law closely, but provides for
administrative rather than judicial
settlements and seeks to reduce re-
sort to the courts to a minimum
The Iowa act attacked in the
United States district court and the
case argued before Judge Mcpherson
last January has been decided in ia
vor of the validity of the law. As
In other states the option was attack.
ed as choice only at the point of
legislative revolver Despite decis-
ions in New Jersey, Ohio, Wisconsin,
Illinois recognizing an option which
fell short of CompulsiOn these laws
are still attacked, although lawyers
generally appear to think their valid
ity fully settled.
Practically the 'unholy trinity of
conditions implied in the labor con.
tract have become disjointed by the
changed conditions of modern indus.
try. The rules appropriate in the
days of hand labor and apprentice
ship and suCa simple agencies as
water power and animal labor have
been distorted by the conditions I'M
der which the masses of workers toll
together in the midst of rapid ma
Chinery driven by steam and eeCtri- |
city and with the old personal contact |
of employer and employee largely des- !
trOyed
Under these conditions the old !
law rules are no longer agen-
CieS of justice but implements of arti- |
fetal warfare and litigation. On the
occurrence of an accident for which !
no one is really to blame these old
doctrines put employer and employe
in immediate antagOnism and lead
directly to the courts, where vast
sought to indemnify injured
labor are lost in litigation and re.
coveries have to be divided with the
personal injury lawyers who take
from 80 to so per cent.
The Iowa law going into effect to-
day will revOlutiOniZe the old civil
1t is a better act than
he one pointed to as the great par.
ent of success, that of New Jersey.
It will cost the employer less and
will give employees as a class 20 per
cent more relief than tae much prais.
I'd New Jersey law, because all EN-
lloyers have to insure their liability
u Iowa, whereas in New Jersey 20
Ter cent defaulted. This is so not
:nly because the Iowa act eliminates !
he litigation of fact, fixes chedule
If payments and provides simple ad-
adjustments, but also I
BECAUSE compulsory insurance is plan
led throughout with the view of caus- t
ng the cost of occupational injuries /
o be passed along and made part of
he price of the product. Each pro- r
uct must pay its insurance cost |
ay for the human wear and tear as
already does for broken machinery [
nd wornout tools. Workers broken a
y ocCupational injuries will not go
D the scrap heap of haphazzard char G
" or the almshouse, but be tided C
yer and given a chance to get on
heir feet. So with dependents of c
hose killed. Mothers will be kept at 5
ONE and children in school. First a
Id up to 500 of medical and iospi- T.
u service will be followed In disab- a
tiles lasting from two weeks up to
DO, with so per cent of the wages. CT
are specifically pro. y,
lded for in the same way with al Al
,wances of half wages from seven j
nd a half weeks up to 800. For the a
total disability the limit
400 weeks. In other words, occu-
ational injuries are to be treated on
lie principle of average justice as m
gbt in itself and vastly better suit h;
to relieve a pressing social condi. m
on than the old plan of reading into st
Dor agreements and trying to fight bu
It each individual case In the courts hs
J those lines. m
Yet, workmen's compensation by
ted schedule aud without regard to hi
ult Is not revolutionary as IL seems.
Is a return to the old idea of the
lation OF employer and employed
ore than one of status than con- an
act. but hereafter the status is not wi
at of master and servant. but the RAJ
atus OF the workman aud the In, OF
stry.r IN,
- Tho
Rural Carrier Remembered. II