The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1915-11-25
The Attorney General Takes
Hand in Case Decided by
Jury and Appealed to
the Supreme Court.
INTERESTS NDUSTRIAL BOARD
Rights of Minors Under Laws to Be
Called Into Question by Re-Hearing of
Case in Which Supreme Court Or
dered New Trial Month Ago.

In brief fled Thursday by Attor-
ney General Walter G. Owen, the SUI
preme court is asked to reverse itself.
Last month the court, in an opinion
written by Justice Marshall, in the case
of Clarence Foth, minor, against the
Macomber Whyte Rope company, con-
strued certain words in the workmen IS
compensation act in such way as to
seriously hamper the state in enforcing
its well known policy of restricting
child labor and the industrial exploita-
ton OF minors. The industrial com
mission, which administers the child
labor laws and the workmen IS compen-
sation law, viewed the court recent
opinion with such grave forebearing
that it requested the attorney general
to ask a rehearing of the case. The
resulting brief not only asks the court
to correct what the attorney general
deems an obvious error or constituting
the language of the law, but also re-
views the history of child labor prohi-
bition in Wisconsin and the long strug-
gle between the state, as the conserver
of children, and the "money-minded
employers who put cash profits before
life and limb and vigorous health of
the states future citizens.
In the Kenosha case which the court
is asked to reopen, a boy was crippled
for life through an accident which he
suffered while employed at work which
the attorney general claims was pro-
hibited by law for one of his age. In
similar cases the industrial commission
always has refused to this jurisdiction
under the compensation law, thus leav-
ing the injured party free to invoke
his common law rights in an action for
damages before a court and jury. In
several parallel cases juries have award
ed large verdicts when confronted by
a boy crippled for life because of an
industrial accident suffered while I'M
lawfully employed. The attitude of
the commission and of the lower courts
brought clearly to the employers atten-
tion the expensive hazard Of employ
ing children illegally. In the instant
case, however, the supreme court plac-
ed new construction upon a few
words in the compensation act and held,
in effect, that the compensation act
npp1iod rubopoxyor n obs1J NOS so.,,.,aJ
in an industrial accident. The extreme
result Of this decision would be that
an employer might assign mere child
to perform an exceedingly hazardous
piece of work instead of assigning
grown man to the job. IF the child
were killed, the employer probably
would be called upon to pay only the
expenses of his burial, for the reason
that compensation does not accrue I'M
less the deceased leaves dependents.
On the other hand, when man with
wife and children is killed, the employ
er is called upon to pay full compen-
sation of three thousand dollars or less
to the dependents. Thus a premium is
put upon the employment of children
in dangerous employments.
In response to this brief filed by the
attorney general Attorneys Cavanagh,
Barnes and Cavanagh of this city, will
file brief in which it is held that the
decision handed down by the court in
no way effects or nullifes the so-called
child labor laws. The local attorneys
hold that under the law provision is
made for the enforcement of such laws
and that the industrial commission was
not organized for the purpose of en-
forcing such laws. It holds that the
legislature has proper officials to see
that such laws are not violated and to
provide proper punishment for the vio-
lation of these laws. The brief holds
further that the injury to the plain
tiff in the case was clearly the result
of an accident.
In the brief of the respondent it is
held that after the decision of the Foth
case by jury the industrial commits
sion issued letter claiming that COM
pensation does not cover unlawful en-
ployment. 1t was held that this letter
was brought out as a result of the hold
ing in the Foth case In concluding
the brief the respondents hold that
while this question is a neM ZONE to the
courts of the state the decisions of the
court holding that the workmen IS com
pensation act is benefcient act opens
the way for the claim that Foth has a
right to be compensated in keeping
with the provisions of the act.
Miss Frances Faulhaber from Oma-