The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-03-17
WORKMENy COMPENSATION.
Argument That an AmendatOry Act u
Needed 70 Perfect the New Law.

/ Neeucu w PeVueCv Juc NCW Jaw.
! To THE EDITOR or TIVE SUN--Str: The
worknens compensation law having been
sent to the Governor for the completion
/ OF rcenactmcnt as suggested In THE SUN
OF January 20. for the removal Of doubt
as to the constitutionality OF the enact
ment on December H. 1918. fifteen days
before an amendment to the Constitution
! could be In effect, the next thing FOR the
Legislature to do is: Amend the act In
dications OF the courage Of convictions as
to some of the defects OF the new law are
needed. wilfui blindness ought not to
prevail
When the Governor put the proposition
through. at the special session at the close
OF last year the understanding was that
the enactment committed the State the
second time TO the principle OF worknen's
compensation and fuinlied a pledge Vt the
Democratic State convention In 1912 also
that the important defects would be met
by amcndatory acts at the next regular
session. Authority for that statement Ia
convincing. the exact phrase Of the In
formation being: Everybody knew that
the law would be amended
After introduction at the special session
the bill was amended in eighty particu-
lars. but that number did not cover all OF
the defects, as observed by the advocates
Of a fair plan for compensation In acct
dent cases.
Some Of the remaining defects have
been mentioned by Insurance Superin-
tcndent Emmet In his report TO the Leg
islature February %. 1nstancing the pro-
vision that all compensation payments.
whether insured with private companies
or carried under the self-insurance pro-
visions OF the act by the employers them
selves" must be made through the Work.
mems Compensation Commission or spe-
cially appointed deputies, he said
1t would be better. In my Judgment. IL
there were no such provision as this In the
law. My homes, belief II that the
requirement to which am now calling at
tcntion will. under such circumstances, ac-
complish nothing unless II be that I. will
import Into the situation that friction and
delay which II I, designed. IN the estimation
Of Its advocates to alleviate. II II does this
the elimination of this provision from the
act will eventually he desired by the labor
organizations. A. we'll as by the employers
Of the state.
An authority. probably the best in the
United States on workmen's compensa-
ton laws. has described the provision as
'baneful."
Former Insurance Superintendent Hotch-
kiss has defined other serious defects Of
legislation:
The limitation to hazardous industries.
The exclusion 81 the Insurance Depart
mont from tho supervision OF rates. reserves
and the soiyency OF the state fund.
The high schedule Of compensation as
compared with the average of American
schedules In the twenty other compen-
sa,ion States
A bill to cover all cmployments. except
farm labor and domestic service. for work
mems compensation on the elective plan
passed through both houses OF the Legls-
laturc In the early part 81 1913 but II
was vetoed by Governor Suzcr. reported
az under the pressure OF labor organlza-
tons.
Why did Governor Glynn and the lead
crs In the Legislature later In the year
determine TO limit the compulsory plan to
hazardous employ ments' with excessive
compensation. although the people BY
adopting In November an amendment to
the Constitution. had expressed "A desire
compensation?
tackled on in the closing hours OF the ses-
sion Of the Legislature In 1912. put EN-
barra-smcut into the situation? Were the
people tricked?
What would have been the fate OF the
amendment tScction 10 Of Article L. II
the people had understood that "A new law
might show unjust distinction?
IL the pressure be too great TO permit
an amendatory act AZ this session tn.
Legislature can and should appoint a
committee or authorize a commission to
investigate the subject and draft amend
ments. HENRY w OpioN
Brooklyn. March I6.