The Alaska daily empire., 1920-09-17
JOHN RUSTGARD IN THE NIANO CASE SHOWING HIS TREATMENT OF A
 ! ROCKINGHAM.

In the issue of The Empire of April 9. l9l9' re 1oring the proceedings of the Legislative Committee Learinp on the Workmen's Compensation Act the facts in the Peter Viano case were published. rms vas case where man was injured at lreao"el' It was shown in the publication of the facts that John Rua appeared in the case until alter H. L. Faulkner, Attorney for the Maryland Gas ualty Company which carried the risk in such cases for the Treadwe had represented to the Company that viano was practically totally disabled and recon rponded that he be paid 5000.
 The Maryland Casualty omrany has requested thai an affidavit be procured that would show that Niano had been supporting, he had claimed, his parents resided in Italy and that there be an examination of Viano by a disintcrested physician. MT Faulknef employed Dr. p. J. Malone to make the examination. and was prepared the necessary afdavts Viano had shown him postofice receipts for money amounting to $G50 he had sent to his parents
 It was this stage of the proceedings, according the testimony before the Legislative Committee that Mir Rustgard appeared in the case MT. Faulkner showed him the files in the and advised him that he had recommended the payment of $4,000 ir settlement of the case. MT. Faulkner then asked Jim to get the affidavit wanted and MT. RustgarG prepared that Mr. Faulkner also asked MT. Rustgard to be present at the examination by Dr. Malone, anG be was there Beyond few telephone calls from MT Rustgard asking if the money mad been received ill the Viano NIT. Faulkner, says there was nc further conversation between him and MT. Rustgard He received any sort of written communication from MT. Rustgard in the matter. The only furthef activity of MT Rustgard in the premises hie ap pearance at the bank, November 18th, when the money paid to Mir Viano when he collected s 1000 for his services.
 MT. Rustgard has issued a statement in which h. says Viano had tried to settle with the company and that all he could offered in settlement $2 900 and that he entered into contract with him ir which it was agreed that he to get 50 per cent of all in addition $2 1000 that he could secure
 MT Faulkner says the of 900 never mentioned in connection with the case all nor wal any other sum than $4,00o ever discussed and that vas discussed before MT Rustgards appearance in tho case, and was satisfactory to Mir Viano.
 The delay in the actual payment of the $4. .00( agreed upon was due to the fact that the Fran cisco agency had referred the matter to the heat office of the Maryland Casualty Company a Baltimore.
 The files of Mr. Faulkner show that the amour paid in settlement of the case was exactly what i would have been had AIr. Rusgard never appearet in the case, and the payment was not hastened a all by his appearance The only difference is tha if Niano had not secured Mir. Rustgard he wou have received the whole amount of the payment 5000. As it was he got only $3,O00, and Mr Rust gard got $10o0. No suit was even started in tn 
 In his statement Mr. Rustgard says he wrote tn Tleadwell Company September 26th demanding a Immediate settlement of the No such latte received by the Treadweu Company and 1t Wa not matter that concerned the Treadweu Compan at all because that company insured against loss The matter was in the hands of the Maryland Gas ualty Company of which Mir Faulkner was the rer ressntatiye MT Rustgard says constant negotiation were carried by himself and the company or it representatives. This is denied by the companys rer resentatiyes, and their files show not a scratch of pen from MT Rustgard This statement of MT Rust gard says he was present at examination hv tn company doctor' in November. There was no sue examination. There was examination October I by all iriag ndent physician. The Maryland Casualt Company physician, and the matter was out c the hands Of the Treadwe Company. Mr. FaUlkne says his first notice that MT Rustgard had been em ployed in the just before this examination more than week after he had recommended tha s4,000 be paid in settlement of the case
 At the hearing before the Legislative Commit te MT Faulkner said that his files in the case wer open to any who desired to examine them II seys that offer still holds good
 The facts as printed at the time of the Legslativ hearings and here reprinted have been verified by Mi Faulkner's files
 However, even if we grant the truth or Mr Rust gard's statement to the work he performed ia th Vino it will be apparent 10 any ttat $l 01 vas a pretty stin fee to charge poor workinglnan- and one who was totally dsabled-for the scryice