Evening capital news. (Boise, Idaho) 1901-1927, 1918-01-07
ENFORCEMENT
OF fines NOT
FIXED POLICY
Commissioner Declares De
partment Intends to Be
Reasonable Where Com
panies Show Good Faith.
Compensation Commission
Still Undecided Regarding
Form of Insurance Third
Set of Rules Presented
With Attorney General.

Large and small employers of Idaho
need not unnecessarily worry about
the enforcement of the penalty clause
in the workmen's compensation act
or the collection of 81 fine for each
employe because of failure to secure
compensation, for the state insurance
department does not intend to arbi-
trarily enforce it where employers
show their good intention TO comply
with the terms of the act. This was
made plain by State Insurance Mana
ger c. o. BroXon.
Up to late hour today the compen-
sation commission had not adopted its
rules or regulations, nor had it de-
cided to close out surety bonds or
other forms of insurance than that
offered under the state plan. \ third
set of rules was offered for consider
alton, and it was unanimously agreed
they should be first passed upon by
the attorney general before the board
takes formal action 1t is understood
this set of rules recognizes state in
surance. The representatives, of the
casualty companies are anxiously
awaiting the decision of the board. If
it is against them, they will imme-
diately take a test case to the supreme
court, it is reliably reported They
are expecting to be admitted, under
the terms of the compensation act
TWO FORMS ALLOWED.
Section IS of the act sets forth how
employers may secure compensation 10
their employees First, by insuring
and keeping insured the payment of
such compensation In the state insur-
ance fund; second, by depostng and
maintaining with the state insurance
manager, security satisfactory to the
board, securing the payment by the
employer of compensation according
to the terms of the act. This security
may consist of surety bond or guar
antee contract with any company au-
| thorized to do surety or guaranty
business in Idaho and having a suffi
Client deposit with the state treasurer
upon which execution may lawfully be
issued against the company in behalf
OF any workman secured under the
| bonds or contract. All companies
must be approved by the board.
PENALTY ATTACHED.
Section IS of the law provides that II
any employer fails to comply with the
provisions of section 65 he becomes liza
BILE to a penalty for every day during
which such failure continues, of 81 for
every employee, to be recovered in an
action brought by the state insurance
manager in the name of the state OF
in his own name. The amount sc
collected is to be paid into the insur-
ance fund. The insurance manager
may in his own discretion for good
cause shown, remit any such penalty
in whole or in part, providing the EN-
ployer in default secures compensation
as provided in section 60. Further pro-
vision is made that If the employer
defaults for period of 30 days, he
may be enjoined by the district court
from carrying on his business while
the default continues.
1t is the enforcement of this penalty
clause that is worrying some of the
larger employers of the state. That Is
one of the reasons why the mine own
ers have been SO anxious for the board
to accept the Liberty and other bonds
amounting to 100000 they brought