Evening journal., 1917-02-05
Stan Correspondent.


ers' liability bill The measure was
drafted by Sylvester ID. Townsend, Jr.,
for the Chamber OF Commerce OF vii
mington. and Is introduced by Senator
Gormley, at the request Of that organi-
cation.
Mr.. Townsend. who has made a
study Of the subject. drew the employ
ers' liability act introduced IN the 1913
Legislature, as a result OF the ac-
tv ties OF commission appointed un-
der authority Of the Gormley resolu-
ton adopted by the General Assem-
bly,. The bill failed of passage In
1913 and 1915 Mr.. Townsend says
the present bill represents the latest
thought and embodies all advances
I'm wOrkmen's compensation and en-
Dloyers' liability legislation.
Mr.. Townsend in his report to the
Chamber of Commerce has summar-
ICED the features OF the new bill and
pointing out how It differs from the
1913 bill. Mr.. Townsend's statement
is as follows:
Title.
THE title has been changed with
the thought that It will more GER
uainly fit the requirements of our
State Constitution. Various workmen's
compensation acts have been upheld
on the ground that they constitute an
exercise Of the general police powers
of the State and we're not primarily
intended as enactments to cover la
bility or compensation. It will be
noted also that the bill is drawn as
an amendment to our recently adopt
ed Revised Code and starts on as
Chapter 90. Section 90.
Industries Covered.
The bill Of 1918 covered all indus
tries and persons. excepting Govern
mental agencies, such as the State,
counties, cities, etc. The present bill
further excludes domestic servants,
farm laborers, and employers and en-
ployes in any employment where less
than five are employed II also ex-
cludes employees engaged in Inter-
state Commerce and their employers
when the Federal laws provide for
compensation OF damages for such
employees. Il has been deemed ad-
visable to make this last provision for
the reason that the constitutionality
Of several acts as applied to such em-
ployes is now Ringing upon this ques-
ton. The different States vary with
respect to industries covered. Some
cover only mining industries; others
exclude only domestic servants and
farm laborers; others include only
exceptionally dangerous and enumera-
ted employments; others include all
except steam railway employees and
domestic and agricultural labor
| others exclude employees earning
above certain designated wages; 9TH
ers except certain portions OF the cot
ton industry.
How Election Is Made.
\ No employer Is TO be bound to paw
and no employee is 10 be bound to &C
cept compensation unless he elects {,
do so. The election. however is neg
alive. That is. if the employee
or employe does not give express no
tice in the manner required in tn,
bill, that he will not be bound 10 pas
or accept compensation, II is con.
clusively presumed that he has elect.
ed to be so bound The present bill
differs from the 1918 bill, in that In
the latter bill, when the employer
elected to be bound, It was compul-
sorry on the employe to be bound
Such a provision in the Texas Law
has been recently declared unoonsti-
tutional, and to meet this objection
the Chamber of Commerce Bill also
gives the employe the right to elect
whether or not he will be bound.
Both the method Of electing not to
be bound and the method of agreeing
10 be bound after having elected not
to be bound, are definitely set forth
in the bill The method Of giving
notice is a very decided improvement
over the 1913 Act, as will appear by
comparing Section 81 of this bill with
Article 2, Section 1. OF the 1913 bill
Practically all of the states have
adopted the negative system of cleo
ton, because employers and employees
are more likely in that manner to &C
cept the act, and also because a posi-.
/ tive system of election would greatly
increase the expense Of administering
the act.
Defenses AbrOgated If Employers
Does Elect.
This has been covered in part un'
der the head of How election 4
made" but It may be added that 4
the employer elects not to pay com
pensation, the defenses Of assumption
OF risk, contributory negligence. and
negligence Of a fellow servant arr
taken away from him. But II the EN-
ployer elects to pay compensation, and
the employee elects not to accept com
pensation, then and in such case, sucf
defenses are restored to the employer
SHIFTS for Damages.
When both the employer and the
employees have elected 70 come undel
the compensatory provisions Of th'
act and the employer has insured the
payment OF compensation. suits a
law for damages are barred, and com
pensation according to the act Is thu
exclusive remedy. and this provision
binds not only the injured employe
but all other persons who would 9th
erwise have a right OF action at Law
in case Of the injury or death OF sucI
employe. This is an improvement
over the 1918 bill in that II provides
for insuring the payment Of compen
sation.
Special Contracts.
Special contracts with respect 4
liability are not permitted, thus pre-
venting any collusive act on part o
employer or employee for making tn
| act ineffective. There is a provision
that the employer may insure the EN-
ploye for additional benefits. but tn
election'is entirely up to the employe
and such benefits must include all o
the benefits provided for in this act.
Burden Of Cost.
|, All OF the cost for administration
| -, -. .-...I..4f,,.. o.,,apcas oF indus