Evening journal., 1922-09-28
COMPENSATION
FOR MRS. KELLY
Accident Board Rules An
thrax Death Is Within
Meaning of Law
WIDOW GETS 81
FOR 2S5 WEEKS

last November OF anthrax.
The case involved an interpreta
/ ton OF the Compensation Law n,
to whether or not the widow OF 9
morocco worker, whose husband died
OF anthrax. was entitled to compen.
sation under the accident law.
The award in part is as follows:
ut is now a well established prac-
tice in compensation cases that a
claimant must prove an accident
arising out OF and In the course OF
the employment and It Is equally
well settled that in making such
proof claimant must produce some
legal evidence, and cannot rely ex-
cluslvey on hearsay evidence. For
( this reason. undue credence should
not be given to statements that an
thrax follows the handling OF the
skins or hides OF ANNA $, but in this
case there Is affirmative evidence
given by DR.. John Palmer, who has
probably had the largest personal
experience of any physician In the
United states In the treatment of
this disease and DR. ID. /. McCol-
ley, who has had some experience In
the treatment OF anthrax. From the
testimony of these physicians. we
conclude that anthrax Is an infec-
tious and usually fatal disease OF
animals; especial v cattle and sheep,
and occasionally OF man. The men
who become its victims are usually
those engaged in handling hides.
nj, "a. N
The disease may he acquired by
breathing In or inhaling the bac-
terla. or by .inoculatlon through an
abrasion OF The skin. The latter IS
the most usual way. The period OF
incubation after Infection is from a
few hours to several days.
Or Palmer testified that when he
saw Hugh Kelly on Tuesday, II was
our Judgment that anthrax was un-
der way and the next day we wore
very well satisfied then as TO the an
thrax. The condition got worse. AMI
he finally died early on Friday morn
Ing. II was running 90 close to the
Eye. and practically within the eye I.
hat we think the swelling had gone !
through and along the eye into the
'ptic nerve and disturbed the beain.
rhe doctor further testified that /
here could be no external anthrax
except through some abrasion or cut
IN the skin but IL Is not necessary
or an abrasion or an opening to be
large to be able to see It
~ the eye--just microscopically'
Pressed for an opinion as TO whether
/ splash OF lime could create such
IN abrasion or condition for the N
rance OF the anthrax bacillus. DIR,
'almer testified we would consider
hat the lime burn would have been
vel before the time the anthrax
night have gotten in
'"Dr. McColley testified that Hugh
Jelly died with malignant pustrle
nthrax' contracted by coming I'm
ontact with anthrax germs which T,
re generally found in hides and ,,
rat II was his impression that Hugh :
ely came In contact with the ba-
Illus OF anthrax while handling !
des IN the employment OF william \
eadenkopf Company. The doctor /,
lrther testified that II could have },
cen possible that the Injury Hugh I
ely received 10 his eye from a
lash OF lime. could have zen Tered I.
e eye more susceptible to inocu- 9
tion OF the bacillus OF anthrax g
THE Industrial Accident Board Is o
,nvinced that It Is reasonable con- n
uson from the evidence that the e
nthrax bacillus came In contact 3
It'll an abrasion or an opening in Il
e skin OF the right eye OF Hugh Z
ely caused by a splash OF lime e
hich entered this eye during his b
nployment. or course no one saw nj
Is bacillus make its contact. In ia
2 nature OF things. the entrance Of
e microscopic organism was not 81
'rcepiibie. but this eye had been Ia
lrned and the other coating had sy
been broken. the eye sa
a become swollen. the character p
ic malignant pustule developed. as
Q rapid destruction OF tissue. occur vi
4 and the speedy death resulted.
lie sequence OF events Is scarcely ju
sceptible OF any explanation ex- In
pit the acquiring OF the anthrax W
clllus by Hugh Kelly. the deceased
sband OF Mary Kelly the claim OF
& while employed az the plant OF en-
lillian Beadenkopf Company. the
Iployer There is no direct proof tn
Al there was. or ever had been. al
y skins or hides IN the plant OF Ia
? William Beadenkopf Company fr'
Itch were affected with anthrax. rs
idence was offered by the employ or
to show that the particular lot of pr
les that Hugh Kelly had been pl
rking with at this particular time pli
a been certified to by the importer pa
having been clean ana the ie
reau OF Animal Industries OF the sn
tied states Government must have pc
N satisfied that the proper pre- Gu
atoms had been taken and the ca
ndard distinctions had been nm
en- before this shipment OF hides TO
William Beadenkopf Company was biz
eased from bond. on the other o,
nd. it is evidence that there is no wa
h thing as one hundred per cent en-
infection for anthrax In the .
rds OF DR.. Palmer, ii don't come. bu
thrax IS one of the bacilll that is re-
-dest to kin that science knows as
Also there IL the probability Ia
L the anthrax bug may have been en-
'ught to the factory from an en- Sn
sly different lot OF hides and ae'
niually found a resting place in me
hides that this employe was hu
rking with at the time OF the in be
Y. ISi
'3iss rr. section 1877 OF the Del tai
are Workmen's Compensation g
v provides that the terms in tn,
y and personal injury as used to
the said law shall be construed pre-