The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-10
Synopsis of Development Compensation
Principle and State Insurance Law

III NHROUGH the courtesy of Lewis
Bowen, representative elect Of
the Alabama legislature from
Jefferson county, The Age-Herald
presents synopsis of the develop
ment of the compensation principle
as described by Bradbury's work
mems compensation and state in
| surance law. Mr.. Bowen is secretary
Of the Alabama State Federation of
Labor and has given the question
of workmens compensation much
thought and study
! The synopsis follows
1. Economic Principles Involved.
1t Is difficult for American lawyers
to reconcile themselves to the fun
damental changes which workmen s
| compensation laws accomplish In the
principles underlying doctrines with
which they have long been familiar
The declaration that an employer
shall be responsible for injuries to
his workmen, whether or not the
master Is at fault has, until very
recently, in most parts of the United
States, met with almost instant op-
position whenever 1t has been made
Nevertheless, the compensation prin-
clple, when carefully analyzed I'M
doubtedly rests on sound economic
legal and moral foundations. Testi-
mony from foreign countries and n
rapidly increasing fund of evidence
from many of the states in the
Union, prove that 1t is not taking the
employers property without due pro-
cess or to compel him to pay COM
pensation to an injured workman.
when the injury is due to a risk
which is necessarily incident to the
business. An assertion to the con-
gary is an economic fallacy.
! The amount paid in compensation
to injured workmen will be added to
the cost of the article produced and
in tho reimbursement. which is ineyi-
table,, the expense will be borne by
the community generally. All ex-
perience proves this beyond question.
II is believed by those who have
given the most careful thought to the
subject that this expense or burden
on the community will be less, in the
long run, when the compensation
principle is put in operation, that it
is at present when inadequate pro-
vision made. through public and
private charity, for taking care of
the injured workman and the depen-
dents of those who are killed. That
the widows and children of the work
men who are killed frequently are
dependents upon the COMMUNICATED
is no denying. The same is true, OF
course, as to the families OF the
workmen who are seriously injured,
and sometimes to a greater degree
than Il the workman had been killed.
1t is often more difficult for the
family to get along while the father
is seriously injured and requires
medical and other attention. than it
would be had the father been killed.
The children who are left with a
mother not able to care for them not
fnfrequently grow up In bad sur
roundings and good many of them
q little later on, help to make bad
surroundings for other children in
the same situation. This condition of
affairs is an expense to the commu-
nifty. not only directly but Indirect
ly. Moreover, equitable compensation
laws tend, to a very great extent, to
make workmen more contented than
they otherwise would be, with the
knowledge that In any event they
will not have TO meet starvation for
themselves and their families should
they be the victims of one of the
number OF inevitable industrial ac-
cidehts. This is an important factor
in the effects to secure the greatest
industrial efficiency.
In a case. State VS.. Clausen, 65
washington, loo, III Fac. 81 X. Il. A.
IN. 81. 4e6. The following language
Is used:
The evil sought to be remedled,
lis one that calls loudly for action
Accidents to workmen In the indus
tries enumerated in it are all but
Inevitable. 1t seems that no matter
how carefully laws for the proven
ton of accidents in such industries
may be framed. or how rigidly they
may be enforced. there iS an element
of human equation thai enters into
the problem which c2dnot be elimi
pated and which Invariably cause
personal injuries and consequent
financial losses to workmen engaged
therein. Heretofore these losses
have been borne by the injured work
men themselves, by their dependents,
or by the state at large. 1t was
the belief of the legislature that they
should be borne by the industries
causing them. or perhaps more ac-
curately, by the consumers, of the
products of such industries that the
principle thus sought to be put into
effect is economically, sociologically.
and morally sound. we think must be