Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-12-11
COMPENSATION
Law ISUPHELD
Continued from page y

act to be unconstitutional. The opin.
ion OF the court, holding the act TO
Re constitutional, was written by
Chief Justice A. G. NJ. Robertson.
II is held in the decision thar the
act Is not in conflict with the fifth or
seventh amendments to the constitu'
ton. In this respect the decision says.
in part:
The constitutional requirement that
in suits at common law the right Of
trial by jury shall be preserved does
net extend to other than actions at
Common law. The right is not in
yaded where, as in the case OF work.
mems compensation acts. the common
law action for damages for personal
injury sustained by employees in in
dustrial employment has been abolish
ed and a new and fixed measure OF
compensation is fixed by statute"
The decision continues:
The workmen's compensation act
Of this territory is OF the compulsory
type. Except that it contains no pro-
vision for a governmental insurance
fund, 1t follows closely the form for
a compulsory act approved by the
conference Of commissioners OF uni
form state laws. October, 1914.
1T is a we'll settled rule that a CUES
ton of the supposed conflict % a
statutory provision with the constitu'
ton will not be considered at the in
stance of one whose rights do not ap.
pear to be affected by such provision,
but where a statute which so regu'
lates the corelative rights Of two
ciasses-as employers and employees
that if void as to one it should be
held void as to the other, complaint
of party belonging to one class may
require an examination of the statutes
in both aspects.
Due process of law requires that
when ones rights Of life, liberty or
property are to be adjudicated. he
must have notice of the proceeding
and be given a hearing-or, at least,
an opportunity to be heard-thereon.
But so far as the statute providing
for the proceeding is concerned, 1t is
sufficient if 1t provides for, or, at
least does not negative, the right OF
the adverse party to notice that the
proceeding has been commenced. No
tice of the time of hearing must be
given the parties by the tribunal be-
fore which it is pending whether re-
Quired by statute or rule or not. The
failure to give such notice may invali-
date the particular proceeding in
which the failure occurred, but will
not draw in question the statute.
;ohf 1f IA lnoiSlo n
tablish a new system of compensa.
ton for injured employees based upon
the theory underlying workmen's COM
pensation acts, does not necessarily
depend upon whether the employee was
engaged in hazardous or extra haz-
ardous' employment, or on whether he
is a skilled or an unskilled laborer,
or upon the classifying of the differ.
ent kinds of Industrial employment.
Nor does it depend on the inclusion
in the statute Of provision for
governmental compensation fund to
which all employers shall contribute.
. We hold that the statute is not
lacking in due process of law upon
any of the grounds which have been
urged in connection with the require
ments as to notice. 1t is not claimed
that the plaintiff was not, in fact,
heard upon his claim by the indus.
trial accident board"
In conclusion the decision says:
Counsel for the appellee point out
that by the provisions of section %
of the act the members Of the indus
trial accident board shall serve with.
out remuneration. But as long as
reputable citizens are willing to give
their services to the public upon that
and perform the duties i'm.
posed upon them by the law, we do
not see that the validity of the stat.
ute or the proceedings had under II
are in any way affected by the provi-
sion"