The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1914-12-20
Senator John T. clarkson Who
Drafted Measure Says II Comes
unedr Police Power Of
stats. in Argument
BEFORE SUPREME COURT
Law Has eeen Attacked by Coal
Company and State Senator is
Attempting TO Defend -
Provisions.

Senator John T. GARRISON Of Abba,
author OF the Iowa workmen's COM
pensation law defended the statute
from attack By the coal operators OF
Iowa before the supreme court last
week. Judge Ryan of Des Moines, at
torney for the Co,fax Consolidated
Coal company, completed his argu-
meuts against the measures last even
ing. St.pp & Perry of Des Moines. In
tervenors. did not make oral argument
in the case
The author of the measure being
tested. told the court that the state
Legislature had the right TO pass
law lifting the burden OF industrial
accidents from the employee to the In
dustry. under the police powers OF the
state. Ben ] Salingsr who was eiec-
ted to the supreme bench and who
VIII take his place January L. was
present and took part in the proceed
ings
Where an accident occurs for
which neither the employer Or the
employe Is to blame, can the legisla-
ture fassen the whole loss on one OF
the parties questioned Mr.. Salinger-
.'Yes." replied Senator Garrison
That is exactly what has been done
in the past. only the entire burden
has been fixed on the employe-the
very person who could least afford
it,
, Although TIE employer is made
liable for Industrial injuries. the law
provides wa By which the burden
is passed On to the consumer and the
industry hea-= the loss in reality, the
senator stated He claimed the law
is REASONABLE an that courts and law
yers cannot o-.a-lcok what they know
to be true as men He urged that the
law be 81 The fullest test by the
legislature my remedy it.
Calls Wording Clumsy
Resardin- Subdivision four. which
aprears to ccafiict with part OF sec
ton one of tho law. Senator Clarkson
explained that the intent of the legis-
lature must re taken. and unfortun-
ately legislatures som etimes express
themselves in clumsy manner
.'unfortHra sly clurnsiness in ex-
pressing tloa5.,.s is not confined to.
legislature gaia Senator Garrison.
With a smile Judge Evans asked,
/ "You don't apply. that TO courts. do
you2"
Smiling in return. the attorney re-
9lied that often .irncg he finds him
self clumsy in expressing himself He
then launched seriously into a de-
fenss OF the workmen's compensation
law ard nrro., that every clause OF it
/ IS right and reasonable.
Urges Asser1biy'e Intent.
TN making mp law vhero there
are 15s members OF the legislature
and the amendment factory works
/ twenty-fou- hours a Cav in the cloak
room. 1t is not surprising that there
are few points in statute which
are not as clear and concise as 1t
| would be desired" the attorney con-
/! tinued "Of course II Is all right fer
( the amon6ment factory to operate.
( but bring out this matter to enrpha
/! size that the intent Of the legislature
must be taken where there is doubt
as to the meaning Of statute.'
] In the case argued last week
entitled George Hunter vs Colfax
! Consolidated Coal company. the dc
| PENDANT took the stand that the work
mems compensation Is unconstitution
al as whole. The ipteryenors who
are claimed to represent the coal
operators of iowa do not take 50 e-s-
IRENE n view In their arguments
They urge that If the entire law IL
( not invalid. that certain sections to
which they object are nnconstitution-
al The statute has already been sub
( rnitted to the federal courts and has
/ been declared not 10 be in conflict
with the federal constitution
J. n. str.ef. president OF the Iowa
I Federation OF abor. came TO Des
/ Moines 10 be present at the
hearing before the supreme court He
+, will remain to confer with Warren
Garst with regard to the state fund
insurance recommended to accompany
the workrnen's compensation act. Mr..
Strict asserted in the court room that
union labor will support the insurance
measure recommended by Garst