The Cordova daily times., 1917-01-23
DEFECTS ALASKA COMPENSATION
 ACT

pointed out in the following communi cation by E. F. Ritchie. Of Valdez, to the PrOspector. This law is of vital 1 importance to every man employed on salary and any changes made in it 1 by the coming legislature will receive the closest attention by Alaskans.
 The Alaska legislature of 1915 en, acted a law which purports to be a | workmen's compensation law, model ed after the workmen's compensation and industrial insurance laws in force in about twenty states. It lacks, how ever. many features of the state laws and is particularly deficient in making no provision for enforced settlement of claims out of court. Therein lies the fatal defect, that justifies the charge that the act was never intend. ed for any purpose but to limit the lia- bility of mining companies. It did not include any occupation but min. 1 ing.
 | No doubt most of the legislators who voted for this law did so in good | faith. They believed it was what it's title alleges 1t to be. The legislature which will meet next March will have an opportunity to make 1t work mems compensation law. have drawn an amendment providing for compulsory arbitration out of court at little expense of all claims for com pensation by injured workmen. This is based upon provisions of the Hi nois and Nevada compensation acts. and Senator Hubbard has promised to introduce it with any changes which may occur 10 him as likely to make it more effective. It is as follows: ''In case any question of law or fact regarding the application of this law arises in fixing the compensation pay able under it's provisions which can not be settled by agreement of the parties, the employe and employer shall each select disinterested party to act as arbitrators. and these two shall select third. or in case of their ! inability to agree upon a third disin- terested party the judge of the district court of the judicial division in which the injury occurs shall on request name such third party. The persons so named shall constitute board of arbitrators in the case and it shall be i the duty of both employe and em- 1 ployer to submit to such board within len days after it is constituted, all ! facts or evidence in their possession or under their control relating to the 1 questions to be determined by the ar ] bitrators. Said board shall in con books, papers or records of either the employer or the employe which may be material to the questions at issue, and the members shall be empowered i to visit the place or plant where the ! accident occurred. to direct the in, jured employe to be examined by one or more regular practicing physicians or surgeons. and to do all other acts i reasonably necessary for a proper in vestigation of all matters in dispute
 The finding of such board of ar bitrators shall be binding upon both the employer and the employe except i for fraud or mistake. Provided, that either party to such arbitration shall have the right to appeal to the district court of the judicial division where the accident occurs by filing peti twenty days after receiving a copy of the written findings and award o
 the arbitrators, and giving bond tt be approved by the court or judge thereof to comply with the final dc cision in the case. Upon such appea all questions in dispute shall be heard de novo, and either party may have a jury upon filing d written demand
 thereof with his petition.
 "A demand for arbitration of claim for compensation as herein pro
 vided may be served at any time bN
 either party upon the other, and l
 shall be the duty of the party upoi
 which such demand may be made tt
 hn uithin day
 thereafter. In case of refusal to com
 ply with such demand the party mov
 ing for same shall have the righ
 after the expiration of ten days t'
 apply to the judge of the distric
 court of the judicial division where
 the accident occurs to name two ar
 bitrators to act with one named b,
 the party and the three persons st designated shall constitute the board , of arbitration in the case and the, shall proceed as if named by the par
 ties. All expenses of the arbitration , shall be taxed to the employer, sub ' ject to revision in the district eour , of appeal"
 Another amendment will propose extension of the law to cover all haz ardous employments in the territory such as railroading. sawmills, can neries and various manufacturinl plants. The present law is considere' . by many lawyers to be class legisla