Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-07-01
COURTS AND LITIGATION
GIVE WAY TO JUSTICE
Ne t.asslnis in Future Over compsn-
satien Fer Werkmen Who Are In
Jursd in Discharge Of Duties-Em-
pleyers May Insure in Casualty
Company or Garry Their Own.
pecial To Times-Republican.

secure Information and prepare for the
application Of the principle in Iowa.
From and after today all employers of
labor have their liability fixed by the
terms OF the law unless they have by
this time declared themselves outside
of the law.
In brief, the law requires that the
employer. In the case of an accident to
an employe. shall pay for medical and
surgical attendance and If the disabili-
~ is permanent shall pay compensa-
ton according to a fixed scale proper
Tomato to the wage paid; and in case
of accident resulting in death to a
workman. the employer shall pay
1unerai expenses and fixed compensa-
ton to dependents for certain time.
Courts suppIanted.
The point where the law becomes
fully effective today Is that this plan
of compromising. for injuries takes the
place Of the old plan of fighting 1t out
in courts with common law subterfuges
and evasions and against the pre-
JUDGES u ;aT;cs and courts, With the
always possible chance of exorbitant
verdicts or failure of Justice. 1t is
compulsory. The courts are cut out
No haggling about how much or how
little.
Employers have two ways for meet
ing the situation. One is to carry
their own insurance" which means to
make showing Of ability and willing
ness to meet the obligations possible
under the law without any outside aid:
and the other is to take out casualty
insurance in some standard company
or in a mutual formed for that purpose,
and the company to make the settle
ments
Persons who are not willing to come
in under the law and to provide for
compensation to workmen on the scale
fixed by the law have alternative of
declaring themselves willing to take
chances under the common law. or
rather under q part of the common
law. Such persons do not have to pay
according to the new law. But their
status In court has changed very
materially since yesterday. by reason
of this new law; for now they will be
deprived OF the common law defenses
Of contrtbutory negligence. fellow SER
want responsibility and acceptance of
the hazard These things go out of
Iowa once and for all. On suits in
date the defenda nts will not have as
good show as in the past to defeat
claims by technicalities and applica-
ton of precedents.
Details Worked Out.
The year Of preparation has been
utilized by Commissioner Garst in
working out for Iowa. the details Of
plans and methods of applying the law.
According TO Welker Given. secretary,
the wisdom or advantage Of the one
man commission has been abundantly
demonstrated in this case. Instead OF
having commission of five, as in most
states, with representatives of differ
ent and diverse interests represented.
30 that decisions and rulings were al
ways the result of compromise. Iowa
has had just one commissioned acting
rather in q Judicial capacity to deter
mine just what is fair and right and
to apply this decision to the situation.
Taking advantage of the experience of
other states and commissions, gather
ing information from every available
source, securing statistics of indus
trial conditions In all industries in
Iowa, Commissioner .Garst has devel-
oped plan for Iowa that Is applicable
to conditions here and here alone. The
new Iowa law starts off, therefore,
under tho very best Of conditions.
Nearly all employers tnIowa will ac-
cept the law Only very few have
fled notice Of intent to ignore it. All
others automatically come under the
law. The coal mine operators have
pretty generally rejected 1t, but say
this is only temporary and until they
can complete their arrangements for
casualty insurance.
The greatest trouble has been In ap-
plying the Jaw to the coal industry be-
cause Of its great hazards. The stock
companies want SIS per cent for carry
ing these risks whereas in states where
they have the state carry 1t they get
1t for 2 or 2.5 per cent.
Some TO- Garry Own Insurance.
Quite number Of Iowa employers
have signitied intent to carry their
own insurance, or make the guarantees
OF payment which will avoid necessity
of any formal Insurance. Many Of
them And tiliss best. A large contrac-
tor in Des Moines. with heavy pay
roll, has carried Insurance for himself
three years and 1t costs him q fraction
OF 1 percent. It would cost him 2.5 per
cent in casualty company.
" IN NV lBCOuSln, WneTe the ldW HAS
been In force some time, the commits
s;;on reports that 500 employers with
10000 employees and payroll Of $751;
O00, 900 carry their own insurance, and
it-costs them less than sixth of what
they would have to pay companies. In
fact. during 1913, their saving was
1860. 600.
Tho new law will make very little
difference IN conditions of employment
In short time matters will be so adj
Justed that the added expense, II any,
will be absorbed In the payroll, and
neither employers nor employees will
notice It. A number Of new mutual in
surance companies have been formed
To take care Of the business and they
are quite popular. A number Of stock
companies from outside are getting
large lines OF business. The insurance
companies are well pleased with the
law.
It II also anticipated that after
year or two. during which time the old
damage suits will be worked thru the
Justice mills, the business OF the courts
win materially drop on because Of the
automatic application Of the principles
OF ne law m this way II Will be =
saving % the public.
Co1nteAlen3 0asst has worked