The Birmingham age-herald., 1919-01-29

court over verdicts rendered contrary to the evidence or the law. Here is floodgate open for litige- = ton IT he is wilfully negligent. then no compensation; question of fact for the jury 'tis true it says the bur- den is on the defendant to establish ;ts plea of wilfull nesligence, but my experience is that if the proof is suf- ficient to carry a case to the jury the burden of proof is then a theoretical vagary.
 f. The injured is required to give his employer written notice within IA days of his injury the 99 times out of 100 the employer has actual notice through his elaborate accident report system and no compensation is due until such notice is given and a lapse of 90 days entirely defeats the claim, unless due to accident fraud. mistake, inadvertence, inability, misrepresenta- sion or deceit-more provisions for lit iretion.
 5 Injured is required to submit to employers physician, if requested: then whose professional Judgment to governe
 c. The amount paid for instance, to widow in case of death, where en- titled to maximum of 5000. will De paid at the rate of $1750 per week and not in one sum; s60O0 in one sum might be of vast benefit but experience shows money paid in small amounts is spent with afterwards no visible beneficial results. 'Tis the spirit of paternalism which Is questionable in it's beneficial application.
 [. Temporary total disability for ne gro or white, compensation not to ax- ceed 900 weeks; no pay first two weeks; if injured is earning $4 per day, he will receive $14.40 per week.
 [. Toe Of thumb, payment for 60 weeks where earnings are s4 per day 60 per cent, or $14.40 per week. or a total compen- sation of 60 weeks of sS64 Loss of fourth or little finger on same basis for 15 weeks or a total sum paid out through 15 weeks to pay for finger of $21e. Loss of hand. 60 per cent for 150 weeks or computed on same basis, T total sum distributed over 150 weeks of s216o loss of leg. 60 per cent for t76 weeks computed on same basis s2520 distributed over 115 weeks; loss of an eve. so per cent for 100 weeks, computed on same basis. Sl44O distrt- buted over 100 weeks. This is enough to illustrate, but not enough to com pensate.
 8. The act is limited to the employer of five or more. Why not apply to every employer of labor? Every saw mill large or small, through south ar central Alabama will have to carry heavy insurance to protect it's sm- ploveG. for their bankruptcy cannot bc "is';ed in order to jeoosrdize claims due to boiler evnlosion. defective belt gaw or what net. 'withstardinc th' consequent increase in cos: of produc- tion.
 The coal operator must do the same for a like reason. notwiths andinc if may cost him or it from 8 to 12 cents more per ton. to produce the coal Every other manufacture must do likewise for like reasons
 A critical study of this bill is needed and many changes. hence this is writ ten after a mere superficial eXamina- ton as only a few of the important things commenting themselves to the writer as important and worthy the most serious and deliberate consider ation ere final enactment into law
 I doubt not the insurance companies to be benefited are in haste for its passage. but those most vtally af~ fected should be presented the oppor- unity of investieation and informa- tion. Respectfully.
 F. D. McAPTHUR.
 Birmingham. January 27, 1919