The Glasgow courier., 1915-12-03
COUNTIESUNDER
NEW STATE LAW
Helena Judge holds Compensat-
ion Law Applies to Counties
DIFFERENCE OF OPINION
Attorney General Says Law is UncOn-
stitutional when Applied to
Counties

In a decision handed down by Judge
R. Lee Word in the district court Fri
day morning, it was held that the
county of Lewis and Clark comes un-
der the provisions of the compensation
act. The order of the industrial board
refusing to allow this county permis-
sion to come under compensation plan
No. 8 is set aside, and the board is dir
ected to grant the application of this
county to come within the terms of
the act.
At the time the county made appli-
cation to come under the provisions
of the act, the application was refused
by the industrial board, on the advice
of the attorney general; the latter
holding that it did not apply to coun-
ties. County Attorney A. H: McCon-
nell took issue with this construction
of the law, with the result that the
board of county commissioners made
an application before the industrial
board for rehearing, and it was re-
fused. The commissioners, through
the county attorney, then appealed to
the district court, with the result as
indicated above.
At the hearing of the appeal the
attorney general contended that the
workmen's compensation act, insofar
as it applied to the counties of the
state, was unconstitutional, on the
ground that no right of action exists
at common law, against county, in
favor of an employe, for an injury
sustained in the course of employ
ment; on the further ground that the
funds of counties are raised, and can
be expended, for public purposes only
and that the application of the funds
of county for the purposes contem-
plated by the workmen's compensation
act, would be the application of public
funds for a private purpose contrary
to law.
The attorney general also contended
that the act, insofar as it applies to
counties, is unconstitutional for the
further reason that because of the
manner of levying taxes, and the pur'
poses for which they may be levied
are fixed by law and no provision ex,
Lo nf n foS
by county, for the purpose of meet.
ing the obligations imposed by coun
ties by the terms of the compensation
act; also that because payment made
by a county to an injured employe
under the terms of the act, would bt
in the nature of gift or bounty, ant
so against the provisions of the con
stitution of the state.
In his opinion, Judge Word says
"In constituting said act, it is to b'
noted that every possible presumption
is in favor of it's validity, and con
tinues so to be until the contrary il
shown beyond a rational doubt" HI
likewise quotes the language of tn
supreme court in the case of Cunning
ham against the Northwestern I'm
provement company, as follows; II
is matter of common knowledg
among lawyers and laymen alike, tina
our present system of compensation
for injury or death of an employe
caused by the actual or imputed neg
ligence Of his employer, has give
rise to conditions which seem to de
mand an abrogation of that system
This demand is so widespread and in
sistent that we should do we'll to in
quire into the reasons therefore,"
After citing this section of the opir
ion, Judge Word, in his memorandum
opinion, continues:
While this language of our suprem
court was used in reviewing an az
borers within the state, yet the e>
preston of opinion quoted was pert
which dealt with but one class OF IL
nent, in it's application to workme
engaged in hazardous occupation
within the state. The time of tn
small shop. and it's few employees, eac
known to the other, is past. Gres
factories and industries, giving en-
ployment to hundreds and even tho'
sands, are not unusual. Machine1
has largely superseded hand labo
Accidents are even occurring, and wi
continue to occur in spite of all huma
precautions. Both lawyers and la,
men admit that the remedies given |
the common law to those injured
the course of their employment a.
unsatisfactory. The great econom
waste; the temptation of the commi