Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-07-27

N0RKMEN'S COMPENSATION LAWS
UPHELD

lished by judicial decisions maintaining 'he' ''i
stitutionality They have been tested I'D Inc courts
81 many states in the past seven wears or since
NaW York act of 1910 declared TO he III WOE"
tiou of the constitution Of that state all"Ih''
law met a similar fate, but in both these states COL"
ktitutiopal amendments paved the way I" the en"'
s,uant of CONDENSATION statutes which today hou
rood
In has been an uphill battle in the various com
,n,oalths where the traditional modes of decld
ing claims for damages for injuries 10 "orAnTn
against their employers have been superseded oN
measures to procure the settlement OF SUCH coh'r"
vprsies between man and man 10y fixed rules Olhu
inc 5nnon all parties As Lindey ID. Clark NJ. "A.
rs N in a section covering 1872 pages prepared
for a bulletin of the bureau OF labor S'a''S"'S
4g17 saws the laws under consideration were w
esously wide departures from the prlhcipleS IN"
had been applied ther",HforP fur'her y" "
enfhor SAYS "Natural v. in the case OF SUCH WIN
Senorture from established procedure, doing away
with trial by jury, questions OF hesllsen'e '0.
hntory negligence. and old methods OF proceuule
sss-o,, and establishing a system contemplating
eracticaIlv automatic compensation and placing
~ harden of industrial accidents on the industry
&.tber than on any particular member 0. 1t, 'ne
>,ostion arose as to violation OF the constitution
euaranties of due process of law. all
The bulletin just mentioned contains INC
- 80 A American compensation laws lncluuliis
.bose of Hawaii, the Philippine lsianus foi'o n
aaa The United States, az we'll as analyses Vi NV
srs IN n separate sectien. II Is s'd'eu 'n'' nv
40 compensation laws arr alike out hui'D ~
- have been adopted quite uniformly oE
1eariy all the states HaN I'LL Is Que VI 'ne =: 4o
,st;ons that have compulsory insurance ana III 'ne
- ,,r1or This head is shown to have both private
.z.rco and self.insuraDce as have nineteen VI
= !. statas Thirteen of the compulsory laws nave
~, sustained by state courts In the carrier con
-. ranorted. most of the states involved pau eie'
.,re ar voluntary systems, yet the cohsti'u'io
.st;,ns raised included those of due process OF
- an, t6e right of trial by jury. Some OF the ue
'.serances may be briefly quoted here ~
,,pvv yoRK-fon the new law after the consteu
lion was amended; Reference was had been so
,.tTned by the supreme court OF the oniteu 49,
a to permit the enactment OF SUCH ee
,lnder consideration. .... 1900. ..o>.
wasrITNeToN- sustaining the law of that statel:
.s1,s clause Of the constitution now unoer con -
ton intended 70 prevent tne rcons interference
h personal rights; to prevent those res ss., ~
rerulatons that all must submit TO as oonO'' -
4einaining a member OF society. .po.
pre1NsyIyANIA-The contention was mace uas
- .brogation Of the customary common law aele %
where employer failed 70 aecep without due pro-
cess az law "This was denied by me col ~ nera
held that there was no violation o. snhect to be
enacmenl q u, iI 81 the legislature the absence
~ constitutional limitations which 90 mot eAi0 IL N
present instance s# -*#~ -
me foregoing citations refer to due process Vi
,aw Following are some expressions WITH res'iu
10 trial by jury:
~ sr,tnrcToey- right of trial by jury ac-
ssS bv the constitution as applicable to civil cases,
IS incident only to causes OF action recos eI. eSrs
ss,rs On this Professor Clark comments III tnere
1ore the legislature is able to take away tne eSue
81 action the one hand ana the groun1 % in
~ the other and merge both into statutory In
s,rity the right to sue has fallen and with It, OF
sscessity the right of jury trial. .,u ,uo
The United States circuit conr. @n out that
.arantv Of the federal constitution as TO trial oy
ssrx does no prevent the establishment OF proeeSs
- law in which trial BY jury is omitted ~
s,roNyTANA-sIt was pointed out by the court tnat
(, onstitution OF the United States does not guar
80 ) trial by jury civil action in state court
ling q decision by the supreme court oil 1ne oh'eu
states #@ z. -
ahrouation Of employers detenses the courts snow
ia aisaoreement according to several cases
>,ted-the compensation laws are upheld IN every
;nstance where they are not in CONNECT WIN s'".e
<.astifutions The New York court OF appears salu
fbaf the power of the state to make changes In
ethods of procedure and the rules OF law was clear
IS recognized 1--WE have said enough, that court
tsiared 4sto show that the statutory modlhcatlons
q 4be fellow servant rule and the law OF contrl
,torv negligence are clearly within the legislative
.ar These doctrines. for they ar nothlng more
-, 10 regulated or even abolished"
81, tba matter of usurpation of judicial powers
1900 ooainst the industrial accident boards, the
.,s.s are unanimous, though upon diverse
...s,nds in holding that there is no merit in the
ehiection. The Industrial commission OF Nlscon-