The Hawaiian gazette., 1915-03-05

and went into an elaborate delineation
Of the history Of compensation acts and
the attendant insurance. He took the
acts of various States, pointed out their
good and bad points, and declared the
National Civic Association was now at
work trying to frame model act.
He pointed out that so far as he had
seen conditions in Honolulu were ex,
eeptiOnal, and that simple law would
suffice here. This was for the reason
that employers as a general rule op
Grated on a large scale and were men
well known and of standing in their
communities; that there was not the
difficulty of keeping track of thou.
sands Of small and irresponsible manu-,
taeturers, as in the Eastern mainland
cities.
| Mr.. Hoffman declared his belief that
I Hawaii was not ripe at the. present
time for a territorial insurance fund,
and gave his opinion that a mutual
system would work out to better re
suit. He pointed out that State insur-
ance on the mainland was only as yet
IN the experimental stage.
| Mr.. Hoffman also contended that
amount of compensation for total or
partial disability should be two-thirds,
instead of half, of the victim wages,
contending that it would be better to
give the dependents enough on which
to exist or give them nothing. He also
! suggested that the period before bene
fits be paid be two weeks, instead of
one, and that provision be made for
immediate medical examination and
1 care, He cOntsnded that claims for
ieaths due from injuries should be out
'awed after period of five years after
the accident. 60 ..
Role Cation protested against the
| paying of damages to employees when IL
vas clearly apparent that the. injury
was due to carelessness on the part Of
the victim. J. f. {. Hagens followed
and stated that he believed the law a
good one; that he did not believe any
workman would deliberately main OF
| injure himself to secure compensation,
and that in the end a compulsory ami
cable settlement of injury claims would
he of benefit to both parties.
Jack Lucas asked why an employer
should be held responsible If he had
warned an employe or any person from
| operating any machine or tools after
he had been warned and told not to do
so, citing an instance where he paid
heavy claim in such an instance Mr.
Lucas was told that the law would
provide for just such instances.
J. r. Warren brought up the point
rs to classification of risks in the event
territorial risk fund was established
and was Informed that provision was.
made for this on the basis of liability
of accident.
Eliminates Litigation
ID. l.. Wilmington argued for simple
bill and against the creation of ter
ritorial fund He expressed his belief
that the act as proposed was valid and
a good measure, declaring in con"lu
sion:
| "There are two mighty fne things
in the bill. One is that it eliminates
| the lawyers and the courts in the max.
ing of settlements, and the second that
immediate attention goes to the in
! jured person instead of after period
of litigation. Settlement under this act
is practically made the minute an acct
dent occurs
Walter Dillingham; proclaimed that
to his knowledge a great portion Of
l
| He pointed out that Hawaii concerns
were now contributing literally to
many institutions which are mandatory
because of liquor traffic, and asked if a
further tax must be paid to support
users of liquors who suffered injuries
because of indulgence in liquor. He
added:
at seems to me that the people who
are in the booze business should pay
some of this tax. If there is any chance
to tax the booze dealers for their share
of this cost, it seems to me that now is
| the time 10 do it. -
At this point Mr. Hoffman arose and
explained that in all compensation acts
the provision is made that injuries re
sulting because of intOxicatiOn are not
"a liability on the employer. lie pointed
out that Hawaii could go step further
than any other State and make a pro
vision which excludes habitual user
of liquor from damage claims. Better
still, he said, would be the plan now
followed largely on the mainland by
big concerns-nOt to employ habitual
drunkards. This procedure has prac,
tically solved the problem Oh the main
land. He also recommended clause
which would provide for devices for
prevention of accidents.
Zeno X. Meyers stated that insurance
companies are now ready to give classf,
! fed rates to employers on their EN-.
ployes, and that in the event the pro,
posed act is made law five or six new
companies will enter the Hawaiian field
to handle this business.
At the conclusion Of Mr. Meyers
statement Mr.. Carter moved the rrsuu.
ton which was passed. A vote Of
thanks was extended Mr.. Hoffman