The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-10-25
COMP PENSATI0N
ACT UPHELD IN
COURT DECISION
Highest Tribunal in State De.
clares Statute Constitu-
tiOnal and Valid
ROBINSON HITS RATES

The workmens compensation act is
held constitutional and valid and
legal enactment by the supreme court
in decision handed domn Saturday
afternoon which is unanimous as to
the general result, but in which JUS
ticts Bronson, Birdzell ande Robinson
and Chief Justice A. MI tchristianson
express different views as to various
details.
Justices Bonson's opinion, which is
signed by Justice Grace, holds that it
was within the province Of the legls-
lature to enact compensation law
for the protection Of workers injur-
cd in the course of their occupations;
the title is held to be correct, and
it is ruled that the fact that some in
dustries were rot covered by this
statute does not invalidate it.
This action was brought before the
supreme court through an action in
stituted by A. J. Amerland Of Fargo,
a real estate dealer employing two
stenographers covered by the act.
He objected to the classiicationof all
employments as hazardous; to the fact
that certain industries were exemted,
and to the schedule of rates as being
ineuuitable with relation to the pro-
portion of hazard.
The principal opinion of the court
does not 60 into the matter OF rates
to any extent. Justice J. E. Robin
son, however pays his respects to- this
feature of the act in a special opinion
in which he partly concurs as to the
general result, upholding the valid
'ity Of the act, but attacks the rates
and the manner in which the bureau
arrived at them. His opinion was re-.
leased through the medium of his
Saturday Tvening Letter.
I. J. E. ROBINSON.
October rs, 1919.
To me it was allotted to write the
leading opinion in the workmen's COM
pensation case and it was done over a
month ago. The case has not been
we'll presented to this Court. The
counsel insists mainly on the point
that the statute conflicts with the due
process clause of the constitution and
ignores several better points. Then,
50 far as the relators rights are con-
cerned they are a mere bagatelle. The
charges against him as the employer
of typewriter is only twenty cents
on leach One hundred dollars Of the
pay roll It is the lowest charge on
the whole schedule Of 1400 different
rates. Hence, the judges differ and
the decision of the Court must be Of
little consequence. 1t is not binding
on any one who can show that the
rates charged against him are exces-
sive or arbitrary.
The relator did not make any point
on one of the most essential facts;
viz, that the rate sheet has never
been published. And it seems the
bureau agreed with the Ohio Actuary
to keep the rate sheet a secret TO
hold all acturial formula in confidence
for him., His purpose must be to sell
it over and over again to innocent
parties In other states. Manifestly it
was never made for North Dakota, as
it includes every business occupation
in the United States; hence, its pub
lication would make a great and need
less expense. Here is my formal
opinion as written and submitted.
Hazardous Employment
The title: An Act Creating the
Workmen's Compensation Fund for
the Benefit Of Employees Injured and
Dependents Of Employees Killed in
Hazardous Employment.
Sec. 2. Hazardous employment
means any employment in which one
or more employees are regularly en-
ployed in the same business or in
or about the same establishment, ex-'
cept agricultural, domestic service
and common carriers by steam rail-
roads.
Sec. 8. That from and after July
1919, it shall be the duty of the work
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