Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1920-05-13
STATE FAILS TO
PUSH SUITS UNDER
COMPENSATION LAW
Generally Believed that Of
ficials Of the League Are
Afraid to Trust Question Of
Premium Rates In Court.

blSmdrck, N. L., May 1E.-(Spe-
ciaD .-As far AZ the official records
show, there has not been q single
case started by the state workmen's
compensation bureau against an en-
ployer in North Dakota, who has
failed to pay premium to the bu-
reau to cover insurance on his en-
| ployees.
1t is generally conceded that there
are a number of employers in the
state who have never paid compen-
sation insurance premiums to the
bureau and furthermore refuse to do
so. The law specifically requires that
the bureau certify to the attorney
general the names OF such employ
ers so that civil action can be COM
menced in the name of the state to
compel the payment of the premium.
In the law, which established the
workmen's compensation bureau, it
Is made mandatory that the bureau
shall certify to the attorney general
from time to time" the names and
places of employers in default Of pre-
miums "for period longer than two
weeks 1nasmuch as the rates have
been effective since last July, under
the terms of the law names OF delin-
quent employers should have been
certified to the attorney general
months ago.
It is claimed that the main reason
why the bureau has failed to take
action toward making employers pay
defaulted premiums is that league
officials are afraid to trust the ques-
ton of premium rates in court. Al
though several vital questions affect
ing the workmen's compensation
bureau have been brought through
the courts to the supreme court, yet
none Of them involved the legality or
justice Of existing rates.
That the present rates are ex-
tremely too high is generally ac-
knowledeed, and l.. J. Wehe, the
ousted commissioner of the bureau,
in statement published yesterday
stated that the premium rates were
too high and should be reduced.
Through existing rates the bureau
has built up its funds to approximate
lily 100000, far in excess of its needs,
lit is claimed. Prominent attorneys
iof this city are confident that II the
matter be brought to court that it
oessive and an unjust burden on the
Rg5' It has been decided by. courts in
the state although the delinquent en-
ployer must pay premium from July
/, 1919, that IL one of his employees
sustains an accident before he has
paid his delinquent premium the
employer and not the bureau must
pay the injured man compensation.
During the period the employer is in
default on premium payment he is
deprived of all defense. of the plea
Of contributory negligence and of fel-
low servant rule. The employer, in
other words, must assume all risks
specified in the law.
Another interesting case has been
brought to the courts. An employ
er sent his remittance for premium to
the bureau on Friday. The remit
tance was not received by the bureau
until the following Monday. In the
meantime, on the intervening Satur-
day, one of the employers men was
injured. Because the premium had
been received after the accident, al
though 1t was easily proven that It
was mailed before the injury was sus-
tained, the bureau refused to pay the
injured man the required compensa-
ton and attempted to force the en-
ployer to stand this amount.
1t has been reported that the bu-
reau has been forced to pay two or
three very large losses during the
past two weeks, one of them amount
ing to $4,000.