The Washington herald., 1915-12-27

LIABILITY ACTS
ARE DISPLACED
More States Enact Laws Pro-
viding Compensation for
Injured Workmen.
TERRITORIES HAVE THEM
Tb;rtv-one Statutes Provide Paw for
TERRITORIES HAVE THEM
Thirty-one Statutes Provide Pay for
One-fourth of Civilian Employees
in This Country.

II proof were needed OF the rapic
growth of the idea Of compensation o.
workmen for injuries received in th'
course of employment as a substitute fol
the old liability acts. it would be fount
i'm Bulletin No. 49, by the Bureau oi
Labor Statistics of the Department Of
Labor The bulletin presents the legis
lation for the years 1914 and 1915, togeth
er with amendments to a number OF
earlier laws.
The legislation of 1914 included the
States of Kentucky, Louisiana and Mary.
land. One of these laws. that of Ken
lucky was declared unconstitutional be-
fore it came into operation. That oi
Maryland superseded an earlier statute
reported as unavoidable. The new laws
of 1915 cover eight States: Colorado. In
diana, Maine. Montana. Oklahoma, Penn
sylvanis. Vermont and Wyoming. besides
the Territories of Alaska and Hawaii. The
legislation of 1914 included Presidential
order providing a compensation system
for employees of the Panama Canal and
the Panama Railroad. while that of the
current year includes similar order
about the government railway in Alaska
With the legislation of these two years,
thirty-one States and the Territories of
Alaska and Hawaii now have compensa-
ton laws. A Federal statute covers also
about one-fourth of the civilian employees
of the United States. All of this 1cgisla-
tion has been enacted since 1905. and
practically all of tine existing legislation
in the States since 1910.
OF the new laws of 1914 and 1915.
one. that of Wyoming. must be classed
as a compulsory insurance law, while
those of Maryland and Oklahoma are
compulsory compensation laws. In
the other States. eight in number. the
law permits the employer to elect or
reject the compensation act. In case
he rejects il. however. he is deprived
of the customary defenses under the
liability laws.
The Oklahoma statute applies only
to cases of nonfatal accidents, while
in Wyoming all awards. whether for
death or disability. are in the form of
lump sum payments arbitrarily fixed
by the statute without regard to the
earning capacity of the injured per-
son. The Alaska statute also pro-
vides for lump sum payments except
for temporary disab ability. Legislation
elsewhere has been very generally
provided for periodical payments.
graduated according to wage loss. and
this method is favored by practically
all authorities.
Special Boards Given Power.
OF the new laws of 1914 and 1915,
the Wyoming act is the least liberal,
the compensation for death being
limited to funeral expenses of $50 and
maximum death benefit of $4,000. In
comparison with this. the Colorado
$500. while the maximum of the
Alaska statute is $4,000. In cases Of
temporary disability, the Colorado
law is more ilIiberaI than any other.
as ii provides for no compensation for
disabilities not extending beyond
three weeks. In the statutes of other
States. the waiting time has usually
been fixed at one or two weeks, no
State except Colorado fixing a longer
period.
I'm the legislation OF 1914 and 1915,
ministratiOn continue TO be preferred, the |
laws of Alaska and Wyoming being the |
only ones enacted during 1915 which do |
not have this provision. In Maine Mary |
land. Oklahoma. and Vermont the ad-
ministrative authorities are given no |
powers other than those relating to the |
of the compensation acts. |
In Hawaii. county boards with functions |
restricted to the compensation act are |
provided for. In Louisiana, the law is
by the courts.
The prevention of accidents. as we'll as
is provided fer in a num-
Der of new laws. Thus. the Industrial |
Commission, of Colorado, is charged not |
Dnly with the administration of the COM
act. but also with the duty
Of factory and mine inspection. the en-
Gorcement of woman and child labor
avs, and safety laws generally. Cores
DondtnE provisions are found also in the
avs of Indiana and Montana.
Notwithstanding the efforts which
nave been made to bring about uniformity
n compensation legislation. comparison
If the laws of the thirty-onc States which
nave thus far enacted compensation laws
shows the widest diversity in the methods
and amounts of compensation payments
md the scope of the various laws
Amending legislation is in general of a
iberalizing character, either including
lew disabilities, as occupational diseases
'r in creasing the disability allowances.
'r introducing other details.
Promise of future progress in COM
legislation is found in the pro-
'ision for commission in Utah for the
'urpose of drafting a compensation bill
nd in the amendments to the constitu-
ions of two or three States, the purpose
4 which is to permit the enactment of
more inclusive and effective laws than
5 believed possible under the present laws
( the States.