Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-01-13
COAL OPERATORS BELIEVED
70 De BACK OF SUIT
Action Brought IN Name Of Newton
I. anufaetursr-law Attacked on
Grounds That Property Would Be
cenfseatsd Under lie Operations
Suit One Of Great Importance.

cesses Of tina progressive movement in
Iowa is to have life. He must say
whether tho effort to crystalize into
law q demand for a square deal for all
industrial workers and even distribu-
ton Of tho burden Of accidents on the
industries is to be crushed by reaction.
In short, is Iowa to have a workmen's
compensation law along with twenty
two other states and the federal gov
eminent.
The suit to have the law nullified is
in federal court. It was brought in
tho name of a manufacturer in q small
way at Newton. but 1t is supposed that
the coal operators Of other large in
terests are back Of the attack. At any
rate 1t is a good deal more than a suit
by one employer Of q few workmen.
Alleged to b confiseatory.
The line of attack Is that while the
workmens compensation law is in
form an optional law, yet because OF
the coercive feature It IS in effect COM
pulsory. therefore that 1t imposes con-
ditions on employers contrary to the
guarantees Of the constitution, namely,
that It would take from an employer
property or cash without due process
Of law. The aforesaid taking Of prop
erty would be when an employer has
to compensate an employe for injury
for which the employer was not re-
sponsible. Putting It another way. It
is claimed the Iowa law Is unconstitu-
tional because It seeks to abolish the
old common law defenses Of contrtbu-
tory negligence, assumption Of risk and
the fellow servant responsibility. 1t
will be claimed that these old shelf
worn defenses, which were never in
the law but are the creatures Of courts.
are indispensable to the perpetuity OF
our institutions and an effort to set
them aside by statute is revolutionary,
etc.
The defense Of the law by the legal
department Of the state will be on
broad grounds-that It IS proper ex-
ercise Of the police power Of the state
in that it seek to protect society from
double burden, that Of paying for the
constant risk which the employer as
sumes and the greater burden Of car
ing for the victims Of industrial acci-
dents, that the intent Is to effect bet
ter distribution Of tho benefits or COM
pensation for accidents. and to place
on the industry as a whole rather than
on individual employers the cost Of
compensation.
Idea IL Old.
The workmen's compensation idea
got a foothold in Germany about thirty
years ago and started in the United
States four or I'VE years ago. Twenty
three states have adopted acts similar
to the Iowa law. The United States
has a law which affects workmen in
interstate traffic. It has been upheld
by the supreme court. In instances
the state laws have attacked. In New
York the court held the compulsory
feature unconstitutional. In all other
cases the law and its general principles
have been upheld. The Montana court
knocked out their law on q technica1tty.
Only last month Judge Cushman in
the federal court out west held the
Washington law constitutional in every
particular, and he adopted as his own
and made It his decision that OF the
state supreme court. This decision will
be relied on heavily in McPherson's
court.
The case Is one Of great Importance,
for it will determine what may be the
policy Of the state in such matters.
Unless as mild a law as the one in Iowa
can be sustained there Is no use going
further with legislation Of the kind. II
1t Is sustained undoubtedly there will
be other legislation adding to 1t and
giving it greater force. The Iowa law
is confessedly but a beginning in
a great reform intended to relieve en-
ployers of a burden and give better
satisfaction to workers. At present,
the old common law defenses throw
out Of court go to 65 per cent Of all
injury cases, and Of the others not
more than 10 per cent ever result in
relief. But costs are a
great burden and an occasional heavy
Judgment is q constant menace.