Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-12-07
JOLT FOR EMPLOYERS
Court Holds Rsjsetors Of compensa-
ton Law Have No DEMONSTRATING
From Jasper County TO Have FAR
Reaehina Effect.

Des Moines, Dec. employers OF
the state are deeply Interested In the
Interpretation placed on the working
mems compensation act by Judge John
+. Talbot In Jasper county district
court. In the case OF George Hunter
VS.. Colfax Consolidated Coal Company.
he held that employers who have re-
jected the compensation act must do
business at their own risk and with
no limit to the damages which an In
jured Workman man may recover the
employer also Is deprived OF the de-
Tense OF negligence. the court says
The case has been appealed to the
supreme court. The attorneys Tor
the state assert that 1t Will be sus-
tanned by tho hight court. In their
opinion. The ruling has caused
sensation in the office OF Warren
Garst, Industrial commissioner.
Makes Law Moro Drastic.
| Commissioner Garst Is absent IN
New York but 1t Is quite apparent at
his office that Judge Talbotts decis-
! ion is regarded as far-reaching, and II
sustained by the supreme court. VIII
make the compensation act far more
drastic that the state authorities have
ever claimed It to be.
Judge Talbot" said Welker Given
secretary of the commission. applies
! the law moro vigorously than the state
! Under his view the absence OF nesH-
l gence is no defense for an employer
! who has rejected the act II so, no one
can possibly gain anything by reject
| ing the law, and the attempt would
only make him liable to n much greater
| extent. In fact, there is much to lose
and nothing to gain by rejection, ac-
I cording to this view. Judge Talbot
makes the law compulsory. I'm effect
he goes back and re-establishes the
ancient common law as It stood before
the introduction OF the stock defenses
OF fellow servant. contributory negli-
gence and assumption of risk. Reject
ing employers are made to do business
| at their own risk with no limit to
1 damages"
! Leaves Employers No Option.
Secretary Given declined to say
more about the practical effect oil
Judge Talbott's decision. 1t Is said
this decision will not only take away
all choice and make the law compul-
sorry In the future, but will give II
that effect from the first OF last July
| and gives tens OF thousands and per-
haps hundreds OF thousands OF dol
lars to injured miners and railroad
men before the first year of the law
ends next July--big relief where they
were led to think they would get
nothing.
In the case OF the railroads the
/ Talbot decision will be complicated
by the interstate Jurisdiction OF the
federal courts. Nevertheless. 1t Is said
simply as a state measure. II sustained
above. the decision Will be big adj
vantage to certain roads that have
come under the law, and heavy blow
on those that risked the policy OF re-
jecting the compensation act. The for
mer list includes the Rock Island
Great Western. Illinois Central ant
Minneapolis e. st. Louis. The road!
in danger Of the hot end OF the poke
viii be the Northwestern, Burlington
and Milwaukee.
May Involve Railroads.
Moreover. there Is a report abou
the state house that the compensation
act is to be interpreted In way t
strengthen 1t against both classes o
railroads, and II so. the railroad inter