The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-17
A DISCRIMINATING ACT.
Accident Compensation Law Not for
Employees in Public Service.

To II EDITOR or THE SUN-Sir: In
jured workers In hazar dous e~mployments
In the public service are the subjects
Of Discrimination in any efforts to get
accident compensation equal TO that
provided for similar employees outside
of the public service. II the employees
In the public service are TO be under
the operation of the workmen's co1npen-
sation law. the Legislature at the next
session must give some thought TO
amendatory acts Tor relief in an unfair
situation.
The discrimination arises out OF the
definition Of employment" as employ
ment only In a trade. business or oc-
%cupation carried on by the employer for
pecuniary gain" As enacted originally
the law declared that employer" did
not include 'the state or a municipal
corporation d other political subdivision
thereof" subsequently, 1t was amended
To include the state and It's subdivt-
sions. but the Legislature neglected to
change tho definition of employment"
Before and after the passage Of the
amendatory bill attention was directed
to the fact that the State. cities and
counties were not carrying on trade.
business or occupa tion' for "pecuniary
gain" and the acknowledgements Office
was obliged to rule for the Workmen's
Compensation Commission that employ
ess in h public service were not un-
der the operation Of the law.
Under strict construction OF the pc
cuniary gain" clause churches and va
rtous organisations are not covered by
the compensation act.
For confederation also IL the proviso
Of Section IL Of Article !. OF the Con-
%stitutton, authorizing enac,ments for ac-
cident compensation:
Provided that all moneys paid by an
employer TO his employees or their legal
representatives. BY reason of the enactment
of any OF the laws herein authorized, shall
be held to be u proper charge in the coat Of
operating the business OF the employer.
The proviso was tackled on in the
closing hour of one of the sessions Of
the Legislature. An explanation later
was that II would enable public utili-
ties corporations to cite the cost of acci-
dent compensation rs one OF the rea-
sons for charging rates sufficient to
cover the expenses OF operation. As a
subject OF argument. the proviso has
been defined as a constitutional bar
against accident compensation for em-
ployees in the service Of the State and
Its cities and counties. quoting "the BUSH
ness Of the employer"
~ pIONibOs tle tOuIl Oi Appeals Sdlu
go y. y. $50. lis used TO qualify or
restrain the general provisions OF an
act. or to exclude any possible ground
Of Interpretation as extending to cases
not Intended by the Legislature to be
brought within its purview. A proviso
in an act repugnant to the purview
thereof Is not void. but stands as the
last expression Of the legislative will"
The proviso of Section ~ was consid-
cred by a committee of the convention
to revise the Constitution. The pro-
posed change was
But all moneys paid BY an employer.
by reason OF the enactment OF any o:
the laws herein authorized. shall be deemed
q part Of the cost OF operating the bust
meas of the employer.
For the employees OF tho Common
wealth and all governmental agencies
created b. II" Pennsylvania has tried
TO solve the accident compensation prob
lem by providing. in the lay that ia to
go into effsU on January l next. hat
the exercise and performance OF the
powers and duties OF a local or other
public authority shall. for the purposes
of this act. be treated as the trade or
business OF the authority
HENRY w. ODioS.
BROOKLYN. December IS.