Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-12-11
VALIDITY OF
WORKMEN'S
Law UPHELD
Supreme Court 0verruIes Ash
ford Decision and Remands
Case Back to District Court

A decision by the supreme cour
today holds that the territorial work
mans compensation act is constitu
tional
The decision sustains exceptions Il
Circuit Judge Ashford's order overrul
ing a demurrer to a complaint which
among other things, claimed that the
act was invalid and unconstitutional
The case Is remanded to circuit cour'
with instructions to vacate the judge
order and sustain the demurrer.
The case on which Judge Ashford
decided against the constitutionality
Of the act; was that of Edgar T. Ander
son against the Hawaiian Dredging Co
This was an action for damages. An
derson was injured and, instead o.
accepting compensation from the in
dustrial accident board, took the CASE
to court for the recovery of damages
alleging the workman's. compensation
act to be unconstitutional. The opin
ion Of, the court, holding the act tt
be constitutional, was written by
Chief Justice A. G. NJ. Robertson.
1t ID held in the decision that the
act is not in conflict with the fifth OF
seventh amendments to the constitu
ton. in this respect the decision says
in part:
"The constitutional requirement thai
in suits at common law the right OIL
trial by jury shall be preserved does
not extend to other than actions al
common law. The right is not in
vaded 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 new and fixed measure OF
compensation Is fixed by statute"
The decision continues:
s THE workanan,s compensation act
OF this territory Is of the compulsory
type. Except that it contains no pro,
vision for q governmental insurance
fund, It follows closely the form for
a compulsory act approved by the
conference of commissioners of uni
form state laws, October, 1914.
ct is a. well settled rule that ques.
ton of the supposed conflict of 4
statutory provision with the eonstitu.
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
employers and employees
that il 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
are to be adjudicated, he
must have notice of the proceeding
and be given hearing-or, at least,
an opportunity to be heard-thereon.
But so far as the statute providing
for the proceeding is concerned, it is
sufficient. If II. provides for, or, at
least does not negative, the right Of
the adverse party to notice that the
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.
"The rightlof the legislature to es-
tablish a new system of compensa-
ion for injured employees based upon
he theory underlying workmen's com.
pensation acts, does not necessarily
depend upon whether the employee was
in hazardous or extra haz.
lrdous' employment, or on whether he
8 a skilled or an unskilled laborer,
n upon the classifying of the differ
mt kinds Of Industrial employment.
Nor does 1t depend on the inclusion
n the statute of a provision for a
compensation fund to
which all employers shall contribute.
I'VE hold that the statute is not
acking in due process of law upon
my of the grounds which have been
Urged in connection with the require.
nents as to notice. 1t is not claimed
hat the plaintiff was not, in fact,
heard upon his claim by the indus.
rial accident board"
In conclusion the decision says:
Counsel for the appellee point out
hat by the provisions of section %
IF the act the members of the indus
rial accident board shall serve with
nut remuneration. But as long as
equitable citizens are willing to give
heir services to the public upon that
condition and perform the duties Inn
,osed upon them by the law, we do
lot see that the validity of the stat
tie or the. proceedings had under it
ire in any way affected by the provi-
ion"