Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-07-27
WORKMEN'S COMPENSATION LAWS
UPHELD

stituionalitl They have been tested in the courts
of many states in the past seven years or since
New York act Of 1910 was declared to be in VIOLA
ton Of the constitution Of that state Callfornla
law met similar fate, but in both these states con
stitutional amendments paved the way to the enact
ment of compensation statutes which today hold
good.
III has been an uphill battle in the various com
mouyealths where the traditional modes Of decld
ing claims for damages for injuries to WorKmen
against their employers have been superseded DS
measures procure the settlement or such con'ro
yersies between man and man by fixed rules bind
ing upon all parties. AS Lindley D. Clark. NJ A"
IL NJ, in a section covering 1872 pages prepared
for a bulletin of the bureau of labor STATISTICS
1917 saws. 1.-The laws under consideration were on
viously wide departures from the principles that
had been applied heretofore Further on the
author saws: Naturally in the case of such VIDE
departure from established procedure, dong away
With trial by Jury questions of negligence contrl
butory negligence and old methods OF PROCEDURE
GENERALLY and establishing system contemplating
practically automatic compensation ana Pdclhs
ffe burden of industrial accidents on the industry
rather than on any particular member o. 1t, 1pe
ouestion arose as to violations of the consu'u'lona
guarantees of due process of law. :,
The bulletin Just mentioned contains the luli
texts of 40 American compensation laws, nciudng
those Of Hawaii the Philippine Islands, Porto Rico
and the United States, as well as analyses OF tne
- In q separate section. 1t is stated that no
GO counensation laws are alike but "a NUMBER OF
provisions have been adopted quite UNIFORM! W
nearly all the states Hawaii is one OF the - Jurs
ACTIONS that have compulsory insurance, anu IN Nn
fahle under this head is shown to nave ootn prla'
insurance and self-insurance as have nineteen VI
the states Thirteen of the compulsory laws Ha'e
heen sustained by state courts In the carrier Con
- fbo cfo
live or voluntary systems, yet the CONSTITUTIONAL
onestions raised included those Of due process OF
law and the right of trial by jury Some OF the DE-
liveranees may be briefly quoted here:
NEW YoRK-(on the new law after the constitu.
zion was amended): Reference was made by the courI
the fact that the federal III te United states
a. To permit the enactment Of such leSsaton as Ina
under consideration" ..>
MISUNDERSTANDING the law Of that stated
.ra,a clause of the constitution under consoera
lion was intended to prevent the arbitrary exercse VI
- ersonai rishts not to prevent those reasonable
regulations that all must submit to as conoi'i0n u
remaining member of society," 49,.
IoreNNsYI,yANIA-The contention was mace InaI
th ahrogation of the customary common law de1enses
where an employer failed to accept the PROVISIONS %
ne act was deprivation of property without que Pr
$50 ~ law zaThs was denied by the court, which
held that there violation OF rights IN tne neI
ensrtment OF a new rule of conduct subject 70 De
hsnged At the viii of the legislature in the absence
of constitutional limitations which 90 not exls' III JIG
present instance i
The foregoing citations refer to due process OF
,aw. Following are some expressions with regard
10 trial by jury:
OBSERVATION-DISCLOSURES right of trial by jury &C q
corded by the constitution applicable to civil cases.
g incident only TO Of action recognized oy la
law. On this Professor Clark comments H. tnere
FORE the legislature is able to take away the cause
a. action on the hand and the ground OF defense
m the other and merge both into statutory IN {
IDENTITY the right to sue has fallen and with IT, OF
necessity the right of jury trial" go
The United States circuit court OF appeals, while
5scussing the Washington statute pointed out that
the guaranty of federal constitution to trial by
iry does no prevent the establishment OF process
Of law in which trial by jury is omitted
the constitution of the United States does not guar
antee trial by jury in civil action in state court
citing decision by the court OF the United
states" c
I7pon the questions of liability without fault and
ahropation of employers defenses, the courts show
little disagreement according to several cases t
fifed-the compensation laws are upheld in every T
instance where they are not in conflict with state c
constitutions The New York court of appeals said
that the power of the state to make changes in
Methods of procedure and the rules of law clear
lv recognized 1--WE have said enough" that court I
declared "to show that the statutory notifications
NJ the fellow servant rule and the law of contri-
buory negligence clearly within the legislative
Dower These doctrines for they ar" nothing more,
NAV be regulated even abolished" t
ON the matter of usurpation of judicial powers
alleged against the industrial accident boards, the
eo,Irts are unanimous though upon diverse
orounds in holding that there is merit in the t
LECTION The industrial commission of WScon- +