The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1919-08-01
ROBINSON ADVISES .N0RkMEN'S
COMPENSATION BUREAU TO co
SL0u IN ENFORCING STATUTE
Veteran League % Declares Act Is Defective and Unsatisfactory
Too Much Left Discretion Of BoardState Pays $1,000 for
14o0 Cadications That Are Greek Everyone Concerned

s.ss---- 80
would not more than pay the cost Of
z 1. Its subject is not expressed in
its title. as required by the constitu
Zion (secs5 81.
!s,tf$2. : tf$2. 1t is drastic and onerous and it
s.nay be SO administered as to harass
1.-The citizen and confiscate his property.
7, 8. It is an act of general nature
and it does not have uniform opera
ftion, as required by the constitution.
that is a pestiferous
nuisance.
Patent Objections
+ The most patent objections to the
North Dakota statute are these:
1t is made for the cities, and not for
the country.
/. 1t creates an administrative bu-
reau and gives it legisletiye and ju-
dicial power.
That Ohio Expert
To give effect to the act and to
supplement- it by rate legislation it
was necessary for the bureau to hire
an Ohio expert and pay him $1,000
TO determine the degree OF hazard
and the rates to be exacted from each
class of employers according to their
payroll AS the statute gives no ba-
sis TO determine the rates, the ex.
pertmade out d schedule on some ba
sis of his own, and this the bureau
approved. Without discussing the
Question as to whether or not the
fourteen hundred rates are good, bad
! or Indifferent, it may we'll be urged
that it was for the legislative body to
determine and classify the, hazards Is
as tps make !9 81 sikaposs { sFs
sible for any employer to read the
law and to determine the amount OF
his liability Here is SO much OF the
act as delegaes the rate making
power
"Section 7. The Workmen's Com
pensation Bureau shall classify em
ployments with respect to their de-
gree of hazard and shall determine
the risks of the different classified
tions and shall fix the rates of prem
ium for each Of said claassifications
sufficiently high to provide for the
payment of the expenditures Of the
bureau, the payment for compensation
according to te schedules established
by this act and for the mainten'
ance Of adequate reserves and surplus
by the North Dakota Workmen'
Compensation Fund to the end that
such fund may be kept at all times in
an entirely solvent condition.
Every employer subject to this act
shall pay annually into the Work
mems Compensation Fund the amount
of premium determined and fixed by
the Workmen's Compensation Bureau
for the employment or occupation o!
such employer. the amount of which
premium to be so paid by each such
employer to be determined by the
classified lion rules and rates made
and published by the bureau"
Legislative Powers.
You will note the act delegates to
the bureau power to classify employ
ments with reference to the degree of
hazards, to determine the rates of the
different classifications and to fix
the rate of premium. and it gives no
basis, to cassidy or to fix the rates.
Hence, toconjecture and determine
the rates-a thing the legislature
should have done-the bureau called
an Ohio expert and paid him $4,000.
The bureau might we'll have paid for
that legislative work, $4,000 or $780,
900. II was in a position to be lib
eral with all it's employees, as the act
gives it an appropriation of $4,000
with a carte blanche Ito empoy such
assistance and clerical help as it
may deem. necessary and to fix the
compensation of all. persons employ
ed" ,~.
~. ~Hazardous" oecvpations
+, Now let US consider the title ofthe
act: = Under, .our: constitution the; title
us: alaxays a matter of grave import
,ancea..It must express The object Of
,thefaot 40 that: it may be known with.
put any reference sa,t; te 4 the act: itself
The title declares the act at e be "for
the,%beneftts Of employees Injured an and
7dependants ,pf employeeaa lti killed l!l in haz
asaeHg empolooynen,t" !" II refers to al
H without u n! y excepti9n ,.atla' y. who
Rs b teiassa 81 klF1s Y 1's'F he.afsns
NJ. :::, ss., I. E az a.s,s'= d.
4 l. 4, .ss .t 5 4 r. q Y ss', e. :