The Winslow mail., 1925-09-18
LABOR LA "
CASE TAKEN
TO HICHES 7.
STATE COURT

mems compensation law on the bal
lot of the special election Septem-
Der 20, which was denied in the
superior court of Maricopa county
before Judge Windes, has been TAX
en- by appeal to the supreme court
of the state.
The complaint brought by Walter
F. Brawner and Morgan G. Pratt
on behalf of themselves and other
electors of the state for an injunc-
ton to restrain James H. Kerby,
secretary of state, and the board OF
supervisors of the various counties
from placing the constitutional
amendment on the ballot.
The order of Judge Windes was
issued Monday afternoon and sus-
tanned a demurrer filed to the case
by Mr.. Kerby and the other defend
ants, on the grounds that the COM
plant did not state facts sufficient
to constitute a cause of action.
According to the record OF the
case, Larry Woods, the American
Federation of Labor and the Black
smiths Union, Local No. IA, all OF
whom appeared in the lower court
at defendant intervenors in the
case, were not named in the ap-
peal of the case in the upper court.
BraWner and Pratt brought their
complaint for an injunction to re-
strain the defendants from placing
house bill No. 226 passed by the
Seventh legislature on the ballot.
The bill in question provides for
the amending of the state constitu-
ton to enable the passage OF a
workmen's compensation law in the
state.
They allege that the matter is so
worded that the ballots will not in
form the voter as to what he is de-
Gliding upon when voting at the spe-
cial election. Both the regular de-
PENDANTS and the defendants by in
tervention in the case, filed demur-
rers which were sustained by Judge
Windes and it is from his order
sustaining the demurrers that the
plaintiffs have appealed.
F. ]. X. (Joe) Mcbride, who was
in Winslow last week on behalf of
the bill, of which he is the author,
in an interview on the measure
said:
"It is a matter of regret that GER
tain interests opposed to the pro-
posed Wopkman's Compensation
Law, which will become effective
only in the event that the con-
stitutional amendment is adopted at
the special election to be held on
September 29th, are by inuendo
and obviously incorrect statements
suggesting that the source of this
legislation is obscured or hidden
from the people, and further as
serting that the farmers and busi-
ness men will be endangered by
the law.
''The Workman's Compensation
law is almost exactly the same
measure adopted by the legislature
in 1921, and which the late Samuel
Gompers commended as the most
advanced legislation of the kind in
the United States. The 1921 Act
was held unconstitutional by the
Supreme Court of the state, which
tribunal, speaking through Judge
Baker approved the law itself, and
recommended to the people the
necessary change in the Constitu-
tion to make such law effective.
"The last legislature following
the advice of the Supreme Court,
submitted a constitutional amend
hinh ic nhn ho11nt of tho
special election, and also in order
that no question could be raised as
to the kind of Compensation Law
which would be adopted, enacted
this new law to become effective
upon the adoption of the amend
ment.
GAS to who is behind this leg
islation-I have in mind that Gov
ernor Hunt recommended to the
legislature that modern compen-
sation law be adopted, and that
following this message, one bill
was introduced into the State Sen
ate by one of the Labor representa-
tives, and later another bill was in
troduced in the House by another
AclOO1 CPI uC A4ObSS
Bill being practically the same as
the 1921 Act was better understood
by the legislators and was more
favorably received. There was nc
dispute in the legislature upon the
law, but the constitutional amend
ment was rejected until a change
was made in itn provisions guar
anteeing that the schedules of com
pensatiOn in the law would never
be decreased and the industries
named never, be eliminated except
by a vote of the people. This was
done because otherwise the entire
law would be subject to amentment
by succeeding legislatures. AS il
is, those parts of the law which eX-
perience has shown should be left
subject to change, are subject tC
amendment, while the working
men and women are given a guar.
anteed minimum below which the
compensation may not be placed
so far as the authorship of the
law is concerned, it is more diff