The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1916-03-30
POINTSOUTLAW's pROvISIONS
Decision Is Held to Be First Real Hold
ing of High Court in Regard to the
Rights of Minors Under the Work
mems Compensation Act.

Clerk of the Circuit Court B. M.
DeDeimar this morning received from
tie supreme court of the state the
formal decision in the case of Clarence
Foth against the Macomber and Whyte
Rope company. The decision is re-
garded as of greatest Importance to
manufacturers In this and other manu-
featuring cities on account Of the fact
that it clearly interprets the law In
regard to the employment of minors.
The decision is written by Justice
Marshall and he says:
"The verdict of the jury is fairly
sustained by the evidence. That is all
which need be said on that branch of
the case. If it were not for the ques7-
tion of jurisdiction, there might well be
an afirmance without an opinion.
The question of jurisdiction turns on
the meaning of the words, minors who
are legally permitted to work under
the laws Of the state, in section
2594-7(a), statutes, defining, in part,
the meaning of the word employee in
the Workmen s Compensation Law, so
as to render plain the scope of the
legislative purpose as to the class OF
persons it was intended to include.
Such subdivision (2) is as follows:
Every person in the service of an
other under any contract Of hire, ex-
press or implied, oral or written, in
Guiding aliens, and also including min
ors, who are legally permitted to work
under the laws of the state (who, for
the purposes of section 2394-8, shall
be considered the same and have the
power of contracting as adult en-
ployees,) 4 = X *
Should the particularly quoted words
have very restrictive construction so
as to mean, as applied to such an event
as the one in question, minors permit
ted to be employed to do the precise
work, or should they have a quite
broad, comprehensive meaning, so as
to include minors permitted, under the
laws of the state, to be employed to
dc any kind Of work? The trial court
favored the former.
When the Workmen' s Compensation
Law was enacted, children of quite
tender age were not permitted to work
at any gainful occupation; above that
age they were divided into several
classes. Some were permitted to be
employed to work under specified con-
ditions, and in specified occupations
and some were expressly prohibited
from being employed to do work,
deemed to be extra hazardous. It was
easy for the legislature to perceive
that, if in every one of the many sit
uations where the law permits a min
or to be employed, subject to particu-
lar conditions, whether the particular
case is within or without the scope Of
the Workmen s Compensation act must
turn on its satisfying such conditions
in many instances the benefits of the
benefcent plan for dealing with per-
sonal injury accidents of industrial
life, will not be available. That is
important in determining what was
intended by the words under consider
alton. If it was to deal with such in
cidents with the idea that all acciden-
tai personal injury losses of employees
received in the course of their service,
whether. characterized by negligence or
not, are, like wages and other ele-
ments, a part of the cost of produc-
ton, and to make such losses compen.
sible as economically, promptly, and
certainly as practicable, then we must
look at the legislative language from
that viewpoint. There is no safer
rule for a judicial construction of am
biguously legislative language than
that it should be read in the light Of
the particular situation dealt with,
the infrmities to be cured, and the
objects sought to be attained.
The time has gone by for extensive,
original discussion of the legislative
thought in passing the Workmen IS
Compensation law, since its broad
benefcent purpose is plain and the
court has heretofore several times
recognized it and construed the act so
as to fully effectuate such purpose, so
far as practicable. To that extent
there can be no doubt the legislature
intended to 60, and its language should
unhesitatingly be so read as to ac
compish it. This court substantially
thus emphasized that in Milwaukee
vs. Miller, 154 Wis. 652, speaking Of
the class Of laws of which the Work
men IS Compensation act is signi-
fcant type and applying the language
thereto. In constituting statute
which is referable to the police power
and was originated to promote the
common welfare supposed to be seri-
ously jeopardized by the infrmities of