Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1918-10-24
Observation-Disclosures "a, 1918
NOBODY HURT But THE
LAWYERS.

The Roswell Evening News and the
Roswell Daily Record each published
on the front page of their editions of
Saturday last a communication from
one w. f. Rogers who signs himself
an attorney at law, and who sees fit
to attack in the most denunciatory
way the law passed by the last legis-
Iature of New Mexico and known as
the Workmen's Compensation Act,
found in Chapter SO of the Session
Laws of1917.
Mr.. Rogers considers the act un-
constitutional. He ignores the fact
that substantial similar laws are now
in force in over thirty states of the
Union and have stood the most strin-
gent tests of constitutionality through
the highest courts and have every
where been welcomed by employed
and employee alike, and are a great
advance in the adjustment of indus
trial relations. Under this act wom-
en- employed in hazardous occupations
and their dependents are entitled to
and can obtain speedy relief and COM
pensation based upon the workman's
earning capacity,
The procedure is through the dis
trict court and is without cost or
charge. Pleadings as formerly known
are abolished and clerks of the court
are required TO furnish all necessary
forms to any applicant. The court is
practically made the guardian of the
rights of the injured and their de-
pendents and Z settlement can be
made that does not meet with the full
approval Of some district judge. All
so called common law defenses of the
employer are abolished and the action
cannot be removed 10 the United
States courts.
What has really been abolished is
the ancient procedure with its costs
and delays and enormous percentages
paid to the workman's attorney out of
the recovery. The law recognizes
that "a bird in the hand is worth two
in the bush" so far as compensation
for injury is concerned and gives the
injured man and his dependents i'm
mediate relief in a sum based upon
his weekly earning capacity, instead
OF holding out before him the damage
shark lawyers temptation of an enor-
nous recovery to be acquired after
years of litigation and anguished de-
lay, paid if paid at all, long after the
immediate hardship to the workman
and his family has either passed away
or has wrought its full and destruc-
tive course.
The effect of the new law is to
speed the procedure because there
are no opportunities for trial and re-
trial and in the two years since the
law went into effect there has never
been case appealed to the supreme
court, although such appeal has been
open both to the workman and to the
employer.
Mr.. Rogers also charges that the act
was passed by the hirelings of min
ing and railroad corporations of the
state. The act in no wise affects rail-
road employees of any class as their
injuries are recompensed under an en-
tirely different law and in this con-
nection, it may as we'll be known that
the Trade Unions of the state were
represented by a committee of three
during practically the entire session
of the third legislature that passed the
act in question. That committee con-
suited freely with the committees of
the legislature that drew and passed
the compensation act and approved Of
its passage.
The provisions of the act are more
liberal than those of the Colorado
compensation act and are above the
average Of the compensation acts in
force in other states Of the Union.
1t is also to be noted that the New
Mexico State Federation of Labor met
in albuquerque recently, closed its
sixth annual convention on the 18th
of the current month, and adopted a
platform of resolutions in which the
compensation act was referred to. In
this platform there is no record for
or suggestions of the repeal of the
CONDENSATION act. The scale of wages
has Increased practically 100 per cent
in The TWO years since this act was
adopted and the Federation of Labor
asks that the maximum of compensa-
ton be increased to correspond with
the scale Of wages. This increase will
undoubtedly be given by way OF
amendment for the fourth state