Capital journal. (Salem, Or.) 1919-1980, 1920-02-20

- As neither party appealed
NV, ~. findings or objected to
rV~ as the decision has become
En'D' ,s.,e can be no question raised
nA ,nsv are not corrupt" he
sOntsnds. o,o,. ,no,n,s ont
:. bingham s2ts out the facts
uase offer of settlement by the
hs' ,ai u accident commission was
indas', on,S after she had first elected
l'u' ara u damages through suit in ad-
r ~ This offer of settlement,
lu,.'' ,,' contends. was made by the
Nv ION in defense of the Grant
0n'n | ~ porter Ship company and IN
lDr affort TO prevent the. establish
~ A precedent affecting the
' IA, Il employees to bring suit for
|ssmsees rather than TO accept the
"a of the state commission, This
s '.st of election, Kelley further
1n,s ont has been definitely estab-
XVII since that time in the case OF
lIa.m,n an. Rhode of Portland a ship
r.,d pmploye who elected to sue the
~norv under the admiralty law
'y '.ssr than to abide by the provis-
si.n, Of the state compensation act
"a N whom the court awarded dam
srps in the sum of $4,000.
The offer to settle with Mrs. Dib-
|A,rp BY the payment of a lump sum-
EKssley contends, was made by the
4 ,,,orneys for the Grant Smith Por-
i, company and at a time when no
member Of the state commission was
D,ssont on condition that she would
[asmiss her suit in the United States
#ai,trict court of Oregon. After the
.navment of the lump sum settlement
4 hv tha state commission he continues
[ths proceedings so instituted by her
j n the United States district court for
me state Of Oregon was dismissed"
Judge Bingham Quoted
The findings of Judge Bingham, he
continues shows conclusively that
|she was not by any means non-res.
ident and that the commission had
|they made any real investigation al
In could have determined that fact
mot only did the commission pay
cut the money TO her without making
|sny Investigation to show that she
gas not entitled to it" he insists the
FINDINGS show. "but he finds that hei
Implication boldly and plainly stated
that she was not a nonresident anC
that her husband was not, so thai
the money was paid in the face Of
The facts shown by her application
(Which showed her not entitled TO tht
payment"
But the sting of the whole find
Z hgs Is found in the tail, = ." Kee
ley insists, "fOr the last lines of tht
findings read the payment was {
voluntary payment made by the de
'endants for the purpose of securing
dismissal of the libel suit in tn,
nlled States district court for tn,
district Of Oregon. >"
Money Paid to Protect
There can be no explanation. M
going behind that above quoted find
ns he declares. Judge Bingham
Atard the whole evidence on boil
'ldes and then decided that the mon
Y had been deliberately paid. no
. give compensation to this woman
wy 10 protect the Grant Smith Por
" snip company and to secure tn,
aNNllSSal OF suit which was pend
nS against them. There is no oues
a'l out that such a purpose is a de
"ieappIOprlatlOn OF the fund
Y Tue industrial insurance fund an,
hw N' t'o'e' u 'h'
tau Mrs. Dibbern been non
,S,uent Tor year prior to the deatl
,, ! nsr husband and the payment sh,
n.y. SVulu nave been entitled to s4oo
w w Ao' being such nonresident an,
s.,a y, Valmlng to be such and bold,
y. auls she was not in her applicatio,
A. I" ue commission paid her a lum,
M, VI snlch the law says they coul,
|, 10 IN the case of non-residents
Bl..a matter of fact I had PERSONAL,
nm 'u :. 70 both Marshall and Beck
M \" y. weeks before on two occasion
l.sia"s We mad pa discussed this point an,
~ rgu onl,,a sne could not in any man
0uallfy as a nonresident SO tha